Trademark Infringement: Court Stops Beverage Firm From Producing Energy Drink In Copied Bottle Design

Justice Binta Murtala-Nyako of the Federal High Court, Abuja Judicial Division, has stopped a company, Mamuda Beverages Nigeria Limited from producing its Pop Power Energy Drink, in a copied bottle design, which infringes on the trademark of the popular Fearless Energy Drink, a brand of Rite Foods Limited.

The court in its ruling, refused a preliminary objection, filed by Mamuda Beverages, in Suit No. FHC/ABJ/CS/705/2025.

On the other hand, Justice Nyako granted the injunctive reliefs sought by Rite Foods Limited against the company.

Mamuda Beverages in its notice of preliminary objection, had challenged the suit on the basis of abuse of court process. It said Rite Foods’ present complaint of infringement of its intellectual property was distinct from an earlier suit between the parties, wherein Rite Foods had complained about a different act of infringement.

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.

Accordingly, the court ordered Mamuda 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 further ordered that the injunction shall remain in force until the end of the year or pending the determination of the substantive suit.

Consequently, the court adjourned the suit to Wednesday, 23rd September 2026, for the 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 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.

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