A Federal High Court sitting in Abuja has restrained Mamuda Beverages Nigeria Limited from further producing its Pop Power Energy Drink in a bottle design alleged to be confusingly similar to Rite Foods Limited’s Fearless Energy Drink. The order was made by Justice Binta Nyako in Suit No. FHC/ABJ/CS/705/2025 following a renewed trademark and product design dispute between both companies.
The court dismissed a preliminary objection filed by Mamuda Beverages, which argued that the case amounted to an abuse of court process due to an earlier settlement between the parties. However, the court held that the new design still bore a striking resemblance to Fearless Energy Drink, justifying the continuation of the case.
Justice Nyako consequently ordered Mamuda Beverages to stop further production of Pop Power Energy Drink, destroy existing products, and allow a court bailiff, in conjunction with both parties, to take inventory of items marked for destruction. The injunction will remain in force until the end of the year or until the substantive suit is determined. The matter was adjourned to September 23, 2026, for hearing.
The dispute follows an earlier case filed in January 2025, where Rite Foods accused Mamuda of infringing on its Fearless Energy Drink trademark through the launch of Pop Power. That case ended in a consent judgment after Mamuda agreed to change its product design, destroy infringing products, and avoid imitation. However, Rite Foods later alleged that Mamuda reintroduced the product with only minor cosmetic changes that still caused consumer confusion in the market.
Rite Foods maintained that its concern was consumer protection, arguing that consumers could mistake Pop Power for Fearless due to the similarity in design. Mamuda Beverages denied any breach of the consent judgment, insisting it complied with the court’s earlier order and accusing Rite Foods of bullying.
Legal experts have described the dispute as a classic case of passing off and trademark infringement, stressing that similar packaging can mislead consumers and weaken brand identity. The controversy has also drawn attention to broader issues of intellectual property protection and fair competition in Nigeria’s beverage market.
The dispute is not the first involving Mamuda Beverages, as the company previously faced a 2022 lawsuit from The Coca-Cola Company over alleged infringement relating to “Pop Cola.”
