The Abuja Federal High Court has banned production of an energy drink with a cloned bottle design that is the subject of a copyright dispute.
The court, presided over by Justice Binta Nyako, ordered Mamuda Beverages Nigeria Limited to stop producing its Pop Power Energy Drink in a copied bottle design because it infringed on Rite Foods Limited’s trademark for Fearless Energy Drink.
The court denied Mamuda Beverages’ preliminary objection in Suit No. FHC/ABJ/CS/705/2025.
Mamuda Beverages challenged the suit in its preliminary objection on the grounds of abuse of court process, arguing that Rite Foods’ complaint of intellectual property infringement differs from an earlier suit between the parties, in which Rite Foods complained of a different act of infringement.
The court ruled that Mamuda Beverages’ redesigned bottle design remains strikingly similar to Rite Foods’ Fearless Energy Drink product.
As a result, the court issued an injunction halting future production of the Pop Power Energy Drink awaiting the outcome of the lawsuit.
The court ordered Mamuda Beverages to immediately suspend manufacture of the product, destroy all existing items, and direct the court bailiff, in consultation with the parties, to conduct an inventory of the products earmarked for destruction and file it.
The court also ruled that the injunction remain in effect until the end of the year, or until the substantive suit is resolved.
As a result, the court set the substantive suit’s hearing for Wednesday, September 23, 2026.
The order follows an earlier claim against Mamuda Beverages, filed in January 2025, in which Rite Foods accused the firm of infringing on the trademark and design of its Fearless Energy Drink by launching a similar product, Pop Power Energy Drink.
However, Mamuda Beverages sought a settlement. Settlement terms were agreed upon and filed, and the court entered a consent judgement.
Mamuda Beverages agreed to stop violating the Fearless Energy Drink trademark and identity pass-off, among other requirements of the settlement.
It also committed to destroy any infringing products, modify its design, and prohibit any form of identity imitation.
However, Mamuda Beverages restored Pop Power to the market with only cosmetic changes to its look.
Rite Foods stated that the adjustments are minimal and do little to address the root causes of consumer confusion. According to Rite Foods, market reports indicate that the new Pop Power is still referred to informally as “small Fearless,” raising concerns that the revised product may not only violate the spirit of the previous agreement but also undermine consumer clarity and brand differentiation.