Rite Foods sues Mamuda Beverages for alleged trademark infringement on Fearlesss energy drink design
Rite Foods demands N1 billion (US$622K) in damages over claims of design infringement despite earlier court settlement with Mamuda Beverages.
NIGERIA – Rite Foods Limited has filed a new lawsuit against Mamuda Beverages Nigeria Limited at the Federal High Court, Abuja, alleging infringement of its registered design and trademark for its Fearless Energy Drink.
The suit, marked FHC/ABJ/CS/705/2025, is before Justice Emeka Nwite.
The plaintiff claims that Mamuda Beverages’ reintroduction of its Pop Power Energy Drink into the market violates a consent judgment reached earlier this year following a similar legal dispute.
Rite Foods alleges that the Pop Power product bears a close resemblance to its Fearless Energy Drink, creating confusion in the market and infringing on its intellectual property rights.
Through its writ of summons, Rite Foods is seeking a declaration that it is the registered proprietor of design no. NG/DS/NT/2020/1099, with certificate no. 004183, and trademark no. 38227.
It argues that these registrations entitle it to exclusive use and exploitation of the design and mark under Nigerian law.
The company is also demanding N1 billion (US$622K) as general damages and an additional N60 million (US$37.4K) as costs for the alleged infringement and injury suffered.
Furthermore, Rite Foods seeks a perpetual injunction restraining Mamuda Beverages, its directors, distributors, and agents from producing, distributing, or selling any product similar to or resembling the Fearless Energy Drink.
The plaintiff contends that the design and branding of Mamuda’s Pop Power Energy Drink are capable of misleading consumers into believing it is affiliated with or originates from Rite Foods, thereby causing market confusion and reputational harm.
Rite Foods is also asking the court to order the seizure and destruction of all infringing products, including Pop Power Energy Drink, that violate its registered design and trademark.
Mamuda Beverages, in response, has filed a preliminary objection, asserting that the current suit is an abuse of court process.
The company maintains that all issues raised by the plaintiff were settled in an earlier case, FHC/ABJ/CS/139/2025, which concluded with a consent judgment.
Mamuda states that the consent judgment required design modifications to its Pop Power product before resuming production—a directive it claims to have fully complied with, supported by photographic evidence.
It argues that the Federal High Court lacks jurisdiction to hear the new matter since the issues have already been addressed.
The original suit filed by Rite Foods in January 2025 led to the issuance of Anton Piller orders and injunctive reliefs.
Mamuda had agreed to destroy all infringing products and cease further violations of Rite Foods’ intellectual property rights.
Despite these earlier resolutions, the reintroduction of Pop Power by Mamuda has triggered the new legal challenge.
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