Court orders firm to stop production of beverage in copied bottle design

An Abuja Federal High Court has halted the production of an energy drink whose bottle design is alleged to copy another brand’s trademarked packaging.

Justice Binta Nyako, presiding over the case, ordered Mamuda Beverages Nigeria Limited to stop producing its Pop Power Energy Drink in the disputed bottle design, ruling that it infringes on the trademark of Fearless Energy Drink, a brand owned by Rite Foods Limited.

The court rejected a preliminary objection filed by Mamuda Beverages in Suit No. FHC/ABJ/CS/705/2025.

In its objection, Mamuda Beverages claimed the suit was an abuse of court process, arguing that Rite Foods’ complaint about intellectual‑property infringement differed from an earlier dispute between the parties in which Rite Foods had alleged a separate act of infringement.

Ruling on the matter, the court held that Mamuda Beverages’ new bottle design still bears a striking resemblance to the Fearless Energy Drink product.

Consequently, the court issued an order restraining further production of the Pop Power Energy Drink pending the final determination of the suit.

The order directed Mamuda Beverages to cease production immediately, destroy all existing products, and instructed the court bailiff, together with the parties, to conduct an inventory of the products slated for destruction and file the inventory with the court.

The injunction will remain in force until the end of the year or until the substantive suit is decided.

Accordingly, the court adjourned the substantive hearing to Wednesday, 23 September 2026.

The order follows an earlier suit filed in January 2025, in which Rite Foods sued Mamuda Beverages for infringing the trademark and design of its Fearless Energy Drink by launching the look‑alike Pop Power Energy Drink.

Mamuda Beverages had sought a settlement. The terms of settlement were agreed upon, filed, and entered by the court as a consent judgment.

Key terms of the settlement included Mamuda Beverages’ agreement to desist from further violations of the Fearless Energy Drink trademark and identity pass‑off, to destroy all infringing products, and to change its design to avoid any form of identity imitation.

However, Mamuda Beverages later reintroduced Pop Power into the market with only cosmetic adjustments to its appearance.

Rite Foods maintains that the changes are minor and do little to address the original issues of consumer confusion. According to Rite Foods, market reports indicate that the new Pop Power continues to be informally referred to as “small Fearless,” reinforcing concerns that the revised product may not only breach the spirit of the earlier agreement but could also undermine consumer clarity and brand differentiation.