COURT ORDERS FIRM TO HALT PRODUCTION OVER ALLEGED INFRINGEMENT OF BEVERAGE BOTTLE DESIGN
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By: Muftau Fatimo
An Abuja Federal High Court has restrained the production of an energy drink packaged in an allegedly copied bottle design, which is currently the subject of a trademark dispute.
Justice Binta Nyako, who presided over the matter, ordered Mamuda Beverages Nigeria Limited to stop producing its Pop Power Energy Drink in the disputed bottle design, ruling that it amounts to an infringement on the trademark of Fearless Energy Drink, a product of Rite Foods Limited.
The court, in its ruling, also dismissed a preliminary objection filed by Mamuda Beverages in Suit No. FHC/ABJ/CS/705/2025.
Mamuda Beverages in its preliminary objection had challenged the suit on the basis of abuse of court process, arguing that Rite Foods’ complaint of infringement of its intellectual property is different from an earlier suit between the parties, wherein Rite Foods had complained about a different act of infringement.
Ruling on the matter, the court held that Mamuda Beverages’ new bottle design still bears a striking resemblance to Rite Foods’ Fearless Energy Drink product.
The court, as a result granted an order restraining further production of the Pop Power Energy Drink pending the final determination of the suit.
The court ordered Mamuda Beverages to cease production of the product forthwith, destroy all existing products, and directed the court bailiff, in conjunction with the parties, to undertake an inventory of the products slated for destruction and file same.
The court equally ordered that the injunction shall remain in force until the end of the year or pending the determination of the substantive suit
The court subsequently adjourned the matter to Wednesday, September 23, 2026, for hearing of the substantive suit.
The order comes after an earlier case filed in January 2025, in which Rite Foods Limited sued Mamuda Beverages for alleged infringement of the trademark and design of its Fearless Energy Drink, following the launch of a similar product, Pop Power Energy Drink.
However, Mamuda Beverages later opted for settlement, with terms agreed upon by both parties and filed before the court, which subsequently entered them as its consent judgment.
Some of the terms of settlement include that Mamuda Beverages would desist from further violation of Fearless Energy Drink trademark and identity pass-off.
It also agreed to destroy all infringing products and pledged to change its design and avoid any form of identity imitation.
However, Mamuda Beverages subsequently reintroduced Pop Power into the market with only cosmetic adjustments to its appearance.
Rite Foods maintained that the changes are minor and do little to address the original issues of consumer confusion. According to Rite Foods, 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.
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