Court Prohibits Company from Using Copied Bottle Design for Its Energy Drink Brand

Alex Enumah in Abuja 

A Federal High Court in Abuja has prohibited Mamuda Beverages Nigeria Limited from using a bottle design that copies the appearance of Rite Foods Limited’s Fearless Energy Drink for its Pop Power Energy Drink, citing trademark infringement.

Justice Binta Nyako issued the restraining order on Friday following a motion filed by Rite Foods Limited.

The court also rejected Mamuda Beverages’ preliminary objection to the suit (FHC/ABJ/CS/705/2025).

In the Notice of Preliminary Objection, Mamuda sought dismissal of the case on the grounds of alleged abuse of court process, arguing that the current claim of intellectual‑property infringement was separate from a prior dispute between the parties.

However, the court noted that Mamuda’s new bottle design still closely resembles the established Fearless Energy Drink product.

Justice Nyako therefore ordered Mamuda to halt further production of Pop Power pending the final resolution of the case.

The judge also directed Mamuda to immediately cease production, destroy all existing products, and, with the court bailiff, conduct an inventory of items to be destroyed and file the inventory with the court.

The restraining order will remain in effect until the end of the year or until the substantive case is decided, with the court scheduling the substantive hearing for September 23.

In January 2025, Rite Foods sued Mamuda for infringing the trademark and design of its Fearless Energy Drink by launching the similar Pop Power Energy Drink.

Mamuda had previously sought a settlement; the parties agreed to terms that were entered into the court as a consent judgment.

Under the settlement, Mamuda agreed to stop further violations of the Fearless trademark, destroy all infringing products, and change its design to avoid any identity imitation.

Despite this, Mamuda reintroduced Pop Power into the market with only cosmetic changes.

Rite Foods contends that these alterations are minor and fail to resolve the original consumer‑confusion issues.

Rite Foods reports that the revised Pop Power is still informally called “small Fearless,” raising concerns that the product may breach the spirit of the earlier agreement and erode consumer clarity and brand distinction.

Rite Foods reaffirmed its commitment to protecting its brand and upholding principles of innovation and fair competition in Nigeria’s marketplace.

The company stressed that genuine business growth must be based on originality and respect for intellectual property, not imitation or deceptive practices.