Rite Foods Limited, makers of Nigeria’s leading energy drink Fearless, has taken fresh legal steps against Mamuda Beverages Limited, over what it describes as a “deliberate circumvention” of a court-approved consent judgment reached earlier this year in a trademark infringement dispute.
The original lawsuit, filed in January 2025, accused Mamuda of infringing on the design and trademark of Fearless Energy Drink by introducing a lookalike product, Pop Power. The Federal High Court granted injunctive relief, including an Anton Piller order, prompting Mamuda to seek a settlement.
Under the consent judgment, Mamuda acknowledged the infringement, agreed to destroy all infringing products, and committed to cease any further violation of Rite Foods’ intellectual property rights. The destruction of infringing stock was reportedly confirmed with photographic evidence, and the terms clearly obligated Mamuda to redesign its product to prevent confusion with Fearless.
However, Rite Foods now asserts that Mamuda has violated the spirit and content of that agreement, reintroducing Pop Power to the market with only superficial design alterations. These changes, the company claims, are insufficient to address the core issue of consumer confusion, as the product is still widely referred to in the market as "small Fearless."
A source close to the matter stated: “The fundamental issue here is consumer protection. Many consumers unknowingly pick up Pop Power thinking it’s a variant of Fearless. This is damaging not just to our brand but to the principle of fair competition.”
Rite Foods contends that Mamuda’s actions undermine judicial integrity and the effectiveness of legal mechanisms meant to safeguard intellectual property. The company has, therefore, filed a new case seeking to uphold its brand rights and ensure adherence to the earlier judgment.
Clarifying recent media reports, the source noted that Rite Foods’ ex parte motion was not denied by the Federal High Court in Abuja. Instead, the court opted to first consider Mamuda’s preliminary objection, which is a standard procedural step and does not reflect the merit of the case.
Reaffirming its commitment to innovation, fair business practice, and consumer trust, Rite Foods emphasized: “We will continue to protect the integrity of our products and fight against opportunistic imitation. Authentic growth must be built on originality and respect for intellectual property—not on deception or shortcuts.”
As proceedings resume, stakeholders are watching closely. The outcome is likely to have far-reaching implications for intellectual property enforcement, brand protection, and business ethics in Nigeria’s dynamic consumer goods sector.
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