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 in a copied bottle design that is the subject of a copyright dispute. 

The court presided by Justice Binta Nyako, ordered Mamuda Beverages Nigeria Limited to stop producing its Pop Power Energy Drink in a copied bottle design on the grounds that it infringes on the trademark of Fearless Energy Drink, a brand of Rite Foods Limited.

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

Mamuda Beverages in its preliminary bjection had challenged the suit on the basis of abuse of court process, arguing that Rite Foods’ complaint of infringement of its intellectual property is different from an earlier suit between the parties, wherein Rite Foods had complained about a different act of infringement. 

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

The court, as a result granted an order restraining further production of the Pop Power Energy Drink pending the final determination of the suit.

The court ordered Mamuda Beverages to cease production of the product forthwith, destroy all existing products, and directed the court bailiff, in conjunction with the parties, to undertake an inventory of the products slated for destruction and file same. 

The court equally ordered that the injunction shall remain in force until the end of the year or pending the determination of the substantive suit. 

Consequently, the court adjourned the suit to Wednesday, 23rd September 2026, for the hearing of the substantive suit.

The order follows an earlier suit against Mamuda Beverages, filed in January 2025, in which Rite Foods sued the company for infringing on the trademark and design of its Fearless Energy Drink through the launch of a lookalike product, Pop Power Energy Drink.

However, Mamuda Beverages sought a settlement. Terms of settlement were agreed and filed and the court entered same as its consent judgment. 

Some of the terms of settlement include that Mamuda Beverages would desist from further violation of Fearless Energy Drink trademark and identity pass-off. 

It also agreed to destroy all infringing products and pledged to change its design and avoid any form of identity imitation.

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

Rite Foods maintained that the changes are minor and do little to address the original issues of consumer confusion. According to Rite Foods, reports from the market 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.

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