The Federal High Court in Abuja has issued an order restraining Mamuda Beverages Nigeria Limited from producing its 'Pop Power' energy drink amid allegations of trademark infringement. The injunction will remain in effect until the hearing and final determination of the substantive lawsuit.
Court Ruling Details
Justice Binta Nyako ruled in favor of Rite Foods Limited, the producer of the popular Fearless Energy Drink, granting injunctive reliefs while refusing a preliminary objection filed by Mamuda Beverages. The objection had challenged the suit on grounds of abuse of court process, arguing that the current complaint of intellectual property infringement was distinct from an earlier suit between the parties.
Striking Resemblance Found
In her ruling, Justice Nyako determined that Mamuda's newly introduced bottle design bore a striking resemblance to Rite Foods' established Fearless Energy Drink product. Consequently, she ordered Mamuda to cease production of its Pop Power Energy Drink product immediately, pending the final resolution of the case.
The judge further directed the court bailiff, in collaboration with both parties, to conduct an inventory of already produced products and file the results with the court. The injunction will remain in force until the end of the year or until the substantive suit is determined, whichever comes first.
Background of the Dispute
The order follows a previous suit filed by Rite Foods in January 2025, accusing Mamuda of infringing on the trademark and design of Fearless Energy Drink through the launch of a lookalike product, Pop Power Energy Drink. Mamuda subsequently sought a settlement, and terms were agreed upon and filed, with the court entering them as a consent judgment.
The terms of settlement required Mamuda to desist from further violation of the Fearless Energy Drink trademark and identity pass-off, as well as to change its design and avoid any form of identity imitation. The court has adjourned the suit to September 23 for the hearing of the substantive case.
