Court Issues Restraining Order Against Mamuda Beverage in Trademark Dispute
A Federal High Court in Abuja has ordered Mamuda Beverage Nigeria Limited to cease using its Pop Power Energy Drink bottle design, citing trademark infringement of Right Foods Limited’s Fearless Energy Drink brand. The injunction was issued by Judge Binta Nyako on Friday, following an application filed by Right Foods Limited.
Judicial Ruling Against Preliminary Objections
The court dismissed Mamuda Beverages’ preliminary objection to the lawsuit, marked FHC/ABJ/CS/705/2025. Mamuda had sought to have the case thrown out, arguing that the claims of intellectual property infringement presented by the plaintiff were distinct from previous litigation concerning other infringement issues.
Evidence of Similarity in Product Designs
Despite Mamuda’s claims, the court determined that the newly introduced Pop Power Energy Drink design bore a striking resemblance to Right Foods’ established Fearless Energy Drink. Justice Nyako granted an injunction that prohibits Mamuda from further manufacturing Pop Power until a final ruling is made on the matter.
Immediate Production Halt Required
The court mandated that Mamuda immediately cease production of the Pop Power Energy Drink and destroy all existing inventory. The bailiff was instructed to collaborate with both parties to create and submit an inventory list of the products designated for destruction.
Upcoming Hearing Scheduled
A hearing date for the substantive case has been set for September 23. The restraining order will remain in effect until the end of the year or until a judicial decision is reached regarding the core issues of the case.
Background of the Dispute
This legal battle dates back to January 2025, when Lite Foods filed a lawsuit alleging that Mamuda infringed upon the trademark and design of the Fearless Energy Drink with its launch of the Pop Power Energy Drink. Following the lawsuit, Mamuda sought to resolve the issue through a settlement, which the court later formalized as a consent decree.
Claims of Non-Compliance
Despite the settlement agreement, which included provisions for Mamuda to avoid further violations of the Fearless Energy Drink trademark and to destroy infringing products, Mamuda reintroduced Pop Power with only minor cosmetic changes. Lite Foods claims these adjustments are insufficient to eliminate consumer confusion. Reports indicate that the new Pop Power is still being informally referred to as “Little Fearless,” raising concerns that the revised product continues to violate the spirit of the prior agreement while undermining brand differentiation.
Commitment to Brand Protection
Right Foods remains resolute in its commitment to protecting its brand identity and ensuring fair competition within the Nigerian marketplace. The company asserts that true business growth hinges on originality and a commitment to intellectual property rights, rather than reliance on imitation and misleading business practices.
