Intellectual Property: Court stops Mamuda Beverages from producing Pop Power products over alleged infringement

*Justice Binta Nyako of the Federal High Court Abuja restrains Mamuda Beverages Limited from further production of a drink in a ‘copied bottle design’, which allegedly infringed on the trademark of a popular Fearless Energy Drink, produced by Rite Foods Limited, pending the final determination of thel substantive suit

Isola Moses | ConsumerConnect

Sequel to repeated allegations bordering on trademark infringement, the Federal High Court, in Abuja, FCT, has stopped Mamuda Beverages Nigeria Limited, a beverage company, from producing its ”Pop Power” energy drink, pending the hearing and determination of substantive suit.

ConsumerConnect gathered Justice Binta Nyako restrained Mamuda Beverages Limited 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 to stop Manuda Beverages from further production of the beverages in the purported copied bottle design.

Mamuda Beverages, however, in its preliminary objection, had challenged the suit on the basis of abuse of court process.

The beverage company as well 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.

Justice Nyako, delivering the ruling, held that Mamuda Beverages’ newly introduced bottle design still bears a “striking resemblance” with Rite Foods’ established Fearless Energy Drink product.

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

Justice Nyako as well 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.

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

The Judge consequently, adjourned the suit untill September 23, 2026, for hearing of the substantive suit.

It is recalled that the latest court order followed an earlier suit against Mamuda Beverages January 2025.

Rite Foods Limited had sued the company for purportedly infringing on the trademark and design of its popular 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.

Mamuda equally pledged to change its design and avoid any form of identity imitation at the time, according to report.

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