A Federal High Court in Abuja has again ordered Mamuda Beverages Nigeria Limited (Mamuda) to stop producing its Pop Power Energy Drink, which infringes on the trademark of the popular Fearless Energy Drink brand of Rite Foods Limited.
Justice B.F.M. Nyako, delivered the ruling on on Mamuda’s Notice of Preliminary Objection and Rite Foods’ Motion for interlocutory injunction in the Suit No. FHC/ABJ/CS/705/2025.
Nyako refused Mamuda’s Notice of Preliminary Objection which had challenged the suit on the basis of abuse of court process and held that Rite Foods’ present 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.
The court further held that it appears on its face that Mamuda’s newly introduced bottle design, manufactured, still bears a striking resemblance to Rite Foods’ established Fearless Energy Drink product.
The court granted an order restraining Mamuda from further production of its Pop Power Energy Drink product, pending the final determination of the suit.
The court also ordered Mamuda to cease production of the product forthwith, destroy all existing products, and directed the court Bailiff, in conjunction with the parties, to undertake an inventory of the products slated for destruction and file the same.
The court further ordered that the injunction shall remain in force until the end of the year or pending the determination of the substantive suit.
The court adjourned the suit to 23rd September 2026, for the hearing of the substantive suit.
This order was sequel to 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.
