Court orders firm to stop production of beverage in copied bottle design
Abuja Court Halts Production of Controversial Energy Drink
An Abuja Federal High Court has issued an order halting the production of the Pop Power Energy Drink due to copyright concerns regarding its bottle design. Justice Binta Nyako presided over the case, ruling that Mamuda Beverages Nigeria Limited must cease production because its design infringes on the trademark of the Fearless Energy Drink, a product of Rite Foods Limited.
In the decision, the court dismissed a preliminary objection raised by Mamuda Beverages in Suit No. FHC/ABJ/CS/705/2025. Mamuda argued that Rite Foods’ claim of intellectual property infringement was unrelated to an earlier lawsuit involving a different infringement issue.
Despite this challenge, the court found that the new bottle design of Pop Power Energy Drink closely resembles that of the Fearless Energy Drink. As a result, the court imposed an injunction against Mamuda Beverages, prohibiting further production of the drink pending a final ruling on the matter.
Further, the court ordered Mamuda Beverages to immediately cease production, destroy all existing products, and collaborate with the court bailiff to conduct an inventory of products slated for destruction. This injunction will remain in effect until the end of the year or until the resolution of the substantive suit.
The court has scheduled the next hearing for the case on September 23, 2026.
This order follows a January 2025 lawsuit filed by Rite Foods against Mamuda Beverages, alleging that the company launched a lookalike product—Pop Power Energy Drink—that infringed on the trademark and design of its Fearless Energy Drink.
Initially, Mamuda Beverages sought a settlement, agreeing to cease further violations of Rite Foods’ trademark and to destroy infringing products. The terms of settlement were filed and accepted by the court.
However, despite the agreement, Mamuda Beverages reintroduced Pop Power with minor cosmetic changes that Rite Foods argues do not significantly distinguish it from the original design. Rite Foods continues to raise concerns about consumer confusion, noting reports that the revised product is still informally referred to as “small Fearless.” This has led to apprehensions that Mamuda’s actions may violate the spirit of the initial settlement and complicate brand differentiation in the marketplace.
