COURT RESTRAINS BEVERAGE COMPANY FROM PRODUCING ENERGY DRINK OVER TRADEMARK DISPUTE

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A federal high court in Abuja has stopped Mamuda Beverages Nigeria Limited from making their “Pop Power” energy drink because of a claim that it copies Rite Foods Limited’s “Fearless Energy Drink.”

On Monday, Judge Binta Nyako said the bottle design used by Mamuda is very similar to the one used for Rite Foods’ product. The judge granted an interim injunction sought by Rite Foods and ordered Mamuda to halt further production of the product pending the determination of the substantive suit.

Nyako also dismissed a preliminary objection filed by Mamuda Beverages in the suit marked FHC/ABJ/CS/705/2025.

The company had argued that the case amounted to an abuse of court process, contending that Rite Foods’ complaint was separate from an earlier dispute between both parties involving a different allegation of infringement.

However, the court disagreed, ruling that the newly introduced packaging by Mamuda still closely resembles the established design associated with Fearless Energy Drink.

The judge further directed Mamuda to immediately stop production of the disputed product and ordered the court bailiff, alongside representatives of both parties, to compile and file an inventory of already manufactured products.

She, however, said the products already produced could still be distributed by the company.

Nyako added that the restraining order would remain in force until the end of the year or until the substantive suit is decided.

The matter was adjourned to September 23 for hearing.

The dispute is linked to an earlier suit filed by Rite Foods in January 2025, accusing Mamuda of infringing on the trademark and design identity of Fearless Energy Drink through the introduction of Pop Power Energy Drink, which it described as a “lookalike product”.

Following the suit, both parties had entered settlement discussions and agreed to terms that were subsequently adopted by the court as a consent judgement.

Under the agreement, Mamuda undertook to stop actions that could violate the Fearless trademark or amount to identity imitation.

The company also agreed to modify its product design to avoid similarities with Rite Foods’ branding.