Rite Foods Limited has taken fresh legal action against Mamuda Beverages Limited over alleged trademark infringement.
Gatekeepers News reports that in a suit filed at federal high court in Abuja in April, Rite Foods alleged that Mamuda copied the trademark and design of its Fearless energy drink by launching a rival product dubbed Pop Power energy drink.
According to the plaintiff; the Pop Power energy drink, which was reintroduced in the market recently, shares a significant resemblance to Fearless energy drink in design and trademark.
The beverage company further contends that Mamuda’s actions were not only a direct imitation but a deliberate move to pass off Pop Power as a variant of Fearless in a smaller size.
Parts of the suit read, “Prior to the manufacture of the new product complained of in the preceding paragraphs, the defendant had in the early months of 2025 commenced the production of an energy drink also described as “Pop Power energy drink” which bore significant resemblance to the plaintiff’s Fearless energy drink product in both design and trademark, amounting to a direct imitation.”
“This Pop Power energy drink was also designed in a black/brown bottle with a yellow cover to pass off as the plaintiff’s product in the market.”
“The colour palette used for the design of the label was also a prominent yellow colour. The label also includes the picture of a big cat.”
“The similarity between both designs had a high probability of causing confusion amongst consumers of the plaintiff’s product.”
“In addition, the marks contained in the label for the defendant’s earlier Pop Power energy drink product were also very similar/identical to the registered trademark in the plaintiff’s label for the Fearless energy drinks.”
The beverage company alleged that Mamuda reintroduced the Pop Power energy drink despite a previous consent judgment on the issue of trademark infringement.
Rite Foods asked the court to declare that it is entitled to exclusive use and exploitation of the registered design of Fearless energy drink.
It also asked the court to rule that the commercial distribution of a product with a similar design to its registered trademark is injurious to the company.
The company alleged that the recent reintroduction of Mamuda’s energy drink is a breach of an earlier consent judgment delivered by Inyang Ekwo, the judge, on March 4, 2025.
Rite Foods had in January 2025, sued Mamuda over alleged trademark infringement in the launch of Pop Power and both parties agreed to resolve the dispute based on certain terms of settlement.
The agreement required Mamuda to modify its Pop Power design and destroy any remaining stock that infringed on Rite’s trademark.
However, Rite Foods claims Mamuda breached that settlement by relaunching the disputed product barely a month later, prompting it to file an ex parte application seeking a court order to stop further sales and distribution of Pop Power.
Mamuda has responded by filing a preliminary objection, challenging the court’s jurisdiction to hear the case. The court is scheduled to address the objection and other pending matters in June 2025.
