A Federal High Court in Abuja has restrained Mamuda Beverages Nigeria Limited from further production of its Pop Power Energy Drink over alleged infringement of the trademark and bottle design of Fearless Energy Drink, a product of Rite Foods Limited.
Justice Binta Murtala-Nyako gave the ruling on Friday while delivering judgment in a suit marked FHC/ABJ/CS/705/2025.
The court dismissed a preliminary objection filed by Mamuda Beverages, which argued that the suit amounted to an abuse of court process, insisting that Rite Foods’ present complaint differed from an earlier infringement case between both parties.
However, the judge held that the newly introduced Pop Power bottle design still bore a striking resemblance to the established Fearless Energy Drink brand.
Consequently, the court granted Rite Foods’ request for an injunction, restraining Mamuda Beverages from continuing the production of Pop Power Energy Drink pending the determination of the substantive suit.
Justice Murtala-Nyako also ordered the company to immediately halt production of the product.
The court further directed the bailiff, alongside representatives of both parties, to conduct an inventory of all already-produced products and submit a report accordingly.
The injunction, according to the ruling, will remain in force until the end of the year or pending the final determination of the case.
The matter was subsequently adjourned till September 23, 2026, for hearing.
The latest ruling follows an earlier suit filed by Rite Foods in January 2025, accusing Mamuda Beverages of infringing on the trademark and design identity of its Fearless Energy Drink through the introduction of a similar-looking product, Pop Power Energy Drink.
Following the earlier dispute, both parties reportedly agreed to a settlement which was adopted by the court as a consent judgment.
Part of the settlement terms required Mamuda Beverages to stop any further violation of the Fearless trademark and avoid any form of imitation by redesigning its product.
Despite the agreement, Rite Foods alleged that Mamuda later reintroduced Pop Power into the market with only minor cosmetic changes.
The company maintained that the adjustments failed to sufficiently distinguish the product, leading to continued consumer confusion.
According to Rite Foods, market reports indicated that the redesigned Pop Power was still being referred to by consumers as “small Fearless,” raising concerns over brand identity and product differentiation.
Rite Foods reaffirmed its commitment to protecting its intellectual property rights and promoting innovation and fair competition in the Nigerian market.
The company added that sustainable business growth should be driven by originality and respect for intellectual property rather than imitation and deceptive business practices.