Court Orders Mamuda Beverages to Halt Production of Pop Power Energy Drink Over Trademark Infringement
The Federal High Court sitting in Abuja has ordered Mamuda Beverages Nigeria Limited to immediately stop the production of its Pop Power Energy Drink over alleged infringement of the trademark and bottle design of Rite Foods Limited’s Fearless Energy Drink.
The ruling was delivered on Friday, May 22, 2026, by Justice B.F.M. Nyako in Suit No. FHC/ABJ/CS/705/2025, following applications filed by both parties in the ongoing legal dispute.
In the ruling, the court dismissed Mamuda Beverages’ Notice of Preliminary Objection, which challenged the suit on grounds of alleged abuse of court process. Justice Nyako held that the present case filed by Rite Foods concerns a separate act of infringement from an earlier dispute between the companies.
The court further held that Mamuda’s newly introduced Pop Power Energy Drink bottle design still bears a “striking resemblance” to the established Fearless Energy Drink brand owned by Rite Foods.
Consequently, the court granted Rite Foods’ application for interlocutory injunction, restraining Mamuda from further producing the Pop Power Energy Drink pending the determination of the substantive suit.
Justice Nyako also ordered Mamuda to immediately cease production of the product and destroy all existing infringing products already produced. The court directed the court bailiff, alongside representatives of both parties, to conduct an inventory of the products slated for destruction and submit a report accordingly.
According to the ruling, the injunction will remain in force until the end of the year or until the substantive suit is determined by the court.
The matter was subsequently adjourned to September 23, 2026, for hearing of the substantive case.
The latest ruling follows an earlier legal battle instituted by Rite Foods against Mamuda in January 2025 over the alleged imitation of the Fearless Energy Drink brand through the introduction of Pop Power Energy Drink.
That earlier dispute was resolved through a consent judgment after Mamuda reportedly agreed to terms of settlement filed before the court. As part of the agreement, Mamuda undertook to stop further infringement, destroy existing infringing products, and redesign its product to avoid identity imitation and consumer confusion.
However, Rite Foods alleged that Mamuda later reintroduced Pop Power into the market with only slight modifications to its appearance, which it claimed failed to address the core issues of trademark infringement and product identity imitation.
The company also cited market reports indicating that consumers continued to refer to the reintroduced Pop Power product as “small Fearless,” a development it said reinforces concerns about possible consumer confusion and brand imitation.
Rite Foods maintained that it remains committed to protecting its brand identity and promoting innovation, originality, and fair competition within Nigeria’s business environment.
The company stressed that sustainable business growth should be driven by creativity and respect for intellectual property rights rather than imitation or deceptive market practices.
No comments