as Mamuda Beverages Breaks Consent Judgment
An Abuja Federal High Court has ordered Mamuda Beverages Nigeria Limited to stop producing its Pop Power Energy Drink, ruling that a redesigned bottle still infringes on the trademark of Rite Foods Limited’s Fearless Energy Drink.
Justice Binta Nyako, presiding over Suit No. FHC/ABJ/CS/705/2025, dismissed a preliminary objection filed by Mamuda Beverages, which had argued that Rite Foods’ current complaint constituted an abuse of court process because it concerned a different act of infringement from an earlier suit. The court rejected that position, finding that the new bottle design retained a striking resemblance to the Fearless product.
The injunction restrains Mamuda Beverages from further production pending the final determination of the suit, orders the destruction of all existing stock, and directs the court bailiff to conduct an inventory of products marked for destruction alongside both parties. The order remains in force until the end of 2026 or until the substantive suit is resolved. The case returns to court on September 23, 2026.
The ruling lands harder because Mamuda Beverages had already settled a nearly identical dispute. In January 2025, Rite Foods first sued over Pop Power’s resemblance to Fearless. Mamuda sought settlement; terms were agreed, filed, and entered as a consent judgment. Under that agreement, Mamuda committed to halting trademark violations, destroying infringing products, and redesigning its packaging to eliminate any identity imitation.
The company reintroduced Pop Power with changes Rite Foods describes as cosmetic. Market reports cited by Rite Foods indicate the product continues to be informally called “small Fearless” by consumers, a detail the court apparently weighed in granting the injunction.
For Mamuda Beverages, the commercial exposure now extends beyond litigation costs. A production halt with an inventory destruction order removes the product from shelves at a scale a voluntary redesign would not have required. With the substantive hearing scheduled for September, the company has roughly four months to determine whether a compliant redesign is viable or whether Pop Power exits the energy drink market entirely.
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