The Federal High Court sitting in Abuja has ordered Mamuda Beverages Nigeria Limited to immediately stop the production of its Pop Power Energy Drink, following allegations of trademark infringement brought by Rite Foods Limited over its Fearless Energy Drink brand.
The ruling was delivered on Friday, May 22, 2026, by Justice B.F.M. Nyako in Suit No. FHC/ABJ/CS/705/2025.
The court dismissed Mamuda Beverages’ Notice of Preliminary Objection, which had challenged the suit on grounds of abuse of court process.
Justice Nyako held that the current complaint filed by Rite Foods was distinct from earlier litigation between both companies, despite involving similar allegations of brand imitation.
In granting Rite Foods’ motion for interlocutory injunction, the court ruled that the redesigned Pop Power Energy Drink still appeared to closely resemble the Fearless Energy Drink in its packaging and overall presentation.
The court consequently ordered that Mamuda Beverages: Cease production of the Pop Power Energy Drink immediately, Destroy existing infringing products and Allow court bailiffs, alongside both parties, to conduct inventory of products slated for destruction
The injunction will remain in force pending the determination of the substantive suit or until the end of the year, as directed by the court.
The court also noted that the dispute follows an earlier case filed in January 2025, in which both parties had reached a settlement.
Under that agreement, Mamuda Beverages reportedly undertook to: Stop further infringement of the Fearless Energy Drink trademark. To destroy infringing products and modify its product design to avoid imitation and consumer confusion.
However, Rite Foods alleged that Mamuda reintroduced Pop Power into the market with only minor cosmetic changes, arguing that the brand still creates confusion among consumers.
Rite Foods maintains that the revised product continues to resemble its flagship energy drink, with reports suggesting that consumers in the market still refer to Pop Power informally as “small Fearless.”
The company argued that this reinforces concerns of brand confusion and potential passing-off in the marketplace.
Rite Foods Limited reiterated its commitment to protecting its intellectual property rights and maintaining fair competition in Nigeria’s beverage industry.
The company stated that innovation and originality must remain central to business growth, warning against imitation practices that could mislead consumers.
The matter has been adjourned to Wednesday, September 23, 2026, for hearing of the substantive suit.