A federal high court in Abuja has restrained Mamuda Beverages Nigeria Limited from producing its “Pop Power” energy drink over alleged trademark infringement involving Rite Foods Limited’s Fearless Energy Drink.
In a ruling delivered on Monday, Binta Nyako, the presiding
judge, held that the bottle design adopted by Mamuda bears a “striking
resemblance” to the Fearless Energy Drink product manufactured by Rite Foods.
The judge granted an interim injunction sought by Rite Foods
and ordered Mamuda to halt further production of the product pending the
determination of the substantive suit.
Nyako also dismissed a preliminary objection filed by Mamuda
Beverages in the suit marked FHC/ABJ/CS/705/2025.
The company had argued that the case amounted to an abuse of
court process, contending that Rite Foods’ complaint was separate from an
earlier dispute between both parties involving a different allegation of
infringement.
However, the court disagreed, ruling that the newly
introduced packaging by Mamuda still closely resembles the established design
associated with Fearless Energy Drink.
The judge further directed Mamuda to immediately stop
production of the disputed product and ordered the court bailiff, alongside
representatives of both parties, to compile and file an inventory of already
manufactured products.
She, however, said the products already produced could still
be distributed by the company.
Nyako added that the restraining order would remain in force
until the end of the year or until the substantive suit is decided.
The matter was adjourned to September 23 for hearing.
The dispute is linked to an earlier suit filed by Rite Foods
in January 2025, accusing Mamuda of infringing on the trademark and design
identity of Fearless Energy Drink through the introduction of Pop Power Energy
Drink, which it described as a “lookalike product”.
Following the suit, both parties had entered settlement
discussions and agreed to terms that were subsequently adopted by the court as
a consent judgement.
Under the agreement, Mamuda undertook to stop actions that
could violate the Fearless trademark or amount to identity imitation.
The company also agreed to modify its product design to
avoid similarities with Rite Foods’ branding.
Advertise on NigerianEye.com to reach thousands of our daily users
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com