Rite Foods Ltd, the maker of the popular Fearless Energy Drinks, has initiated legal proceedings against Mamuda Beverages Nigeria Ltd, alleging trademark infringement and design imitation in the ongoing battle for dominance in Nigeria’s energy drink market. The lawsuit, filed at the Federal High Court in Abuja, seeks ₦1.6 billion in damages and a permanent injunction restraining Mamuda Beverages from manufacturing and distributing products that allegedly mimic Rite Foods’ signature design.
Filed on 14 April before Justice Emeka Nwite, the suit claims that Mamuda’s Pop Power Energy Drinks bear a “striking resemblance” to the Fearless brand, infringing on its registered trademarks and design rights. Rite Foods contends that Mamuda has unlawfully copied the distinctive bottle shape, aesthetic features, and lion head logo associated with the Fearless range, creating confusion among consumers. According to the company, many buyers now refer to Pop Power as “small Fearless” due to its visual similarity.
Rite Foods maintains that its 500ml bottle design and brand identity were officially registered under Nigeria’s Patents and Designs Act in August 2020. The company argues that Mamuda’s 330ml Pop Power Energy Drinks unlawfully replicate this design and calls for an order preventing further production, distribution, or sale of any beverage that imitates its proprietary look. In addition to ₦1 billion in damages, Rite Foods is demanding ₦60 million in legal costs associated with the action.
This lawsuit follows a previous injunction granted in January 2025 by Justice Inyang Ekwo, which temporarily halted the production and distribution of Pop Power Energy Drinks. The companies had subsequently reached a settlement agreement, under which Mamuda Beverages agreed to modify elements of its product design to distinguish it from the Fearless line. However, Rite Foods now claims that Mamuda has breached the terms of that agreement by introducing a revised version of Pop Power that remains “substantially identical” to the original, prompting the current legal challenge.
In response, Mamuda Beverages has filed a preliminary objection, urging the court to strike out the suit. The company argues that the issue was already resolved through an earlier consent judgment and that the court lacks jurisdiction to reopen the matter, citing the principle of functus officio, which prohibits a court from re-adjudicating a case it has already conclusively decided.
Justice Nwite has fixed 28 May for the hearing, during which the court will consider Mamuda’s objection and determine whether Rite Foods’ lawsuit will be allowed to proceed.