Alleged trademark infringement: Court stops coy from producing energy drink

The Federal High Court in Abuja has stopped a beverage company, Mamuda Beverages Nigeria Limited, from producing its ”pop power” energy drink over allegations bordering on trademark infringement pending the hearing of substantive suit.

Justice Binta Nyako restrained Mamuda Beverages Ltd from further production of the drink in a copied bottle design, which allegedly infringed on the trademark of a popular Fearless Energy Drink produced by Rite Foods Limited.

Justice Nyako, in a ruling also refused a preliminary objection filed by Mamuda in a suit marked: FHC/ABJ/CS/705/2025.

The judge rather granted the injunctive reliefs sought by Rite Foods Limited.

The News Agency of Nigeria reports that Mamuda Beverages, in its preliminary objection, had challenged the suit on the basis of abuse of court process.

The company also argued that Rite Foods’ instant complaint of infringement of its intellectual property is distinct from an earlier suit between the parties, wherein Rite Foods had complained about a different act of infringement.

Delivering the ruling, the judge held that Mamuda’s newly introduced bottle design still bears a striking resemblance with Rite Foods’ established Fearless Energy Drink product.

She, therefore, granted an order restraining Mamuda from further production of its Pop Power Energy Drink product, pending the final determination of the suit.

Justice Nyako further ordered Mamuda to cease production of the product forthwith and directed the court bailiff, in conjunction with the parties, to undertake an inventory of the already produced products and file same.

The judge, who said that the products already produced could be dispersed by Mamuda Beverages, ordered that the injunction shall remain in force until the end of the year or pending the determination of the substantive suit.

She consequently adjourned the suit until September 23 for hearing of the substantive suit.

The order followed 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 pledged to change its design and avoid any form of identity imitation.