FCT: Court stops firm from producing energy drink over alleged infringement

A Federal High Court sitting in Abuja has stopped a beverage company, Mamuda Beverages Nigeria Limited, from producing its pop power energy drink, in a copied bottle design, which infringes on the trademark of a popular Fearless Energy Drink, a brand of Rite Foods Limited.

The trial judge, Justice Binta Murtala-Nyako, in a ruling on Friday, refused a preliminary objection filed by Mamuda Beverages in a suit marked FHC/ABJ/CS/705/2025 and, rather, granted the injunctive relief sought by Rite Foods Limited.

Mamuda Beverages, in its Notice of Preliminary Objection, had challenged the suit based on abuse of court process and that Rite Foods’ present complaint of infringement of its intellectual property is distinct from an earlier suit between the parties, wherein Rite Foods had complained about a different act of infringement.

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The court further held that it appears on its face that Mamuda’s newly introduced bottle design, manufactured, still bears a striking resemblance to Rite Foods’ established Fearless Energy Drink product.

Therefore, the court granted an order restraining Mamuda from further production of its Pop Power Energy Drink product, pending the final determination of the suit.

The court further ordered Mamuda to cease production of the product forthwith and directed the court Bailiff, in conjunction with the parties, to undertake an inventory of the already produced products and file the same.

The court further ordered that the injunction shall remain in force until the end of the year or pending the determination of the substantive suit, and consequently adjourned the suit till September 23rd, 2026, for hearing of the substantive suit.

This order follows an earlier suit against Mamuda in January 2025, where Rite Foods sued the company for infringing on the trademark and design of its iconic Fearless Energy Drink through the launch of a lookalike product, Pop Power Energy Drink.

However, Mamuda sought a settlement, and terms of settlement were agreed and filed, and the court entered same as its consent judgment.

Some of the terms of settlement include that Mamuda would desist from further violation of Fearless Energy Drink’s trademark and identity pass-off. It also pledged to change its design and avoid any form of identity imitation.

In an unexpected turn, Mamuda subsequently reintroduced Pop Power into the market, with only cosmetic adjustments to its appearance.

Rite Foods maintains that these changes are minor and do little to address the original issues of consumer confusion.

Rites Foods said reports from the market indicate that the new Pop Power continues to be informally referred to as “small Fearless,” reinforcing concerns that the revised product may not only breach the spirit of the earlier agreement but could also undermine consumer clarity and brand differentiation.

While reaffirming its position, Rite Foods stressed its continued commitment to protecting its brand and the principles of innovation and fair competition in Nigeria’s marketplace.

The company emphasised that genuine business growth must be anchored on originality and respect for intellectual property, rather than imitation and fraudulent business practices.