Federal High Court Restrains Mamuda Beverages Over Trademark Infringement
An Abuja Division of the Federal High Court, presided over by Justice Binta Nyako, has issued an interlocutory injunction halting the production of Pop Power Energy Drink by Mamuda Beverages Nigeria Limited, on the grounds that its bottle design infringes the trademark and trade dress of Fearless Energy Drink, owned by Rite Foods Limited.
In Suit No. FHC/ABJ/CS/705/2025, the court rejected Mamuda Beverages’ preliminary objection, which alleged abuse of court process. The objection argued that Rite Foods’ complaint was distinct from an earlier suit between the parties. However, the court held that the new bottle design still bore a striking resemblance to Fearless Energy Drink, thereby sustaining the claim of infringement.
Justice Nyako granted an order restraining Mamuda Beverages from further production of Pop Power Energy Drink pending final determination of the substantive suit.
The court ordered Mamuda Beverages to cease production of the infringing product, and destruction of all existing stock of Pop Power Energy Drink.
The court bailiff, working with both parties, was directed to conduct an inventory of products slated for destruction and file a report.
The injunction is to remain in force until December 2026 or until the substantive suit is resolved.
The matter was adjourned to 23rd September 2026 for hearing.
In January 2025, Rite Foods had earlier sued Mamuda Beverages for launching Pop Power Energy Drink in a lookalike bottle design, infringing on the trademark and design of its Fearless Energy Drink.
However, the suit was settled by consent judgment, with Mamuda Beverages agreeing to: desist from further trademark violations, destroy infringing products, redesign its packaging to avoid identity pass‑off.
Despite this, Mamuda Beverages reintroduced Pop Power with only cosmetic changes. Market reports indicated that consumers continued to refer to the product as “small Fearless”, reinforcing concerns of consumer confusion and breach of the settlement terms.
