The Federal High Court sitting in Abuja has again restrained Mamuda Beverages Nigeria Limited from further producing its Pop Power Energy Drink in its current bottle design, ruling that the product infringes on the trademark and identity of the popular Fearless Energy Drink brand owned by Rite Foods Limited.
The ruling was delivered on Friday, May 22, 2026, by Hon. Justice B.F.M. Nyako in Suit No. FHC/ABJ/CS/705/2025, following proceedings on Mamuda’s Notice of Preliminary Objection and Rite Foods’ Motion for interlocutory injunction.
At the hearing, the court dismissed Mamuda’s preliminary objection, which sought to challenge the suit on grounds of alleged abuse of court process. Justice Nyako held that Rite Foods’ latest complaint concerns a fresh and distinct act of trademark infringement, separate from an earlier dispute between both companies.
In a significant ruling, the court further held that Mamuda’s newly redesigned Pop Power Energy Drink bottle still bears a striking resemblance to Rite Foods’ established Fearless Energy Drink product.
Consequently, the court granted Rite Foods’ application for injunctive relief, restraining Mamuda from further production of the disputed product pending the determination of the substantive suit.
Justice Nyako subsequently ordered Mamuda to immediately stop production of Pop Power Energy Drink in its present form and destroy all existing infringing products already produced. The court also directed the court Bailiff, alongside representatives of both parties, to carry out an inventory of all products marked for destruction and file the report before the court.
According to the ruling, the injunction will remain in force until the end of the year or until the final determination of the substantive suit.
The matter was thereafter adjourned to September 23, 2026, for hearing of the substantive case.
The latest order follows an earlier legal battle instituted in January 2025 by Rite Foods against Mamuda over allegations that Pop Power Energy Drink copied the trademark, packaging, and design identity of Fearless Energy Drink.
Following that suit, Mamuda reportedly entered into a settlement agreement with Rite Foods, which was adopted by the court as a consent judgment. Under the agreement, Mamuda undertook to stop further infringement of the Fearless trademark and identity, destroy all infringing products, and redesign its product to avoid imitation or consumer confusion.
However, Rite Foods alleged that Mamuda later reintroduced Pop Power Energy Drink into the market with only minor cosmetic changes to its appearance, insisting that the redesign failed to sufficiently distinguish the product from Fearless Energy Drink.
Market reports also indicated that consumers continued to refer to the product as “small Fearless,” further heightening concerns over possible consumer confusion and brand identity imitation.
Reacting to the development, Rite Foods reaffirmed its commitment to protecting its brand identity, innovation, and fair competition within Nigeria’s business environment.
The company maintained that sustainable business growth