Justice Binta Murtala-Nyako of the Federal High Court, Abuja Judicial Division, has stopped a company, Mamuda Beverages Nigeria Limited from producing its Pop Power Energy Drink, in a copied bottle design, which infringes on the trademark of the popular Fearless Energy Drink, a brand of Rite Foods Limited.
The court in its ruling, refused a preliminary objection, filed by Mamuda Beverages, in Suit No. FHC/ABJ/CS/705/2025.
On the other hand, Justice Nyako granted the injunctive reliefs sought by Rite Foods Limited against the company.
Mamuda Beverages in its notice of preliminary objection, had challenged the suit on the basis of abuse of court process. It said Rite Foods’ present complaint of infringement of its intellectual property was distinct from an earlier suit between the parties, wherein Rite Foods had complained about a different act of infringement.
The court further held that it appears on its face that Mamuda’s newly introduced bottle design, manufactured, still bears a striking resemblance to Rite Foods’ established Fearless Energy Drink product.
Therefore, the court granted an order restraining Mamuda from further production of its Pop Power Energy Drink product, pending the final determination of the suit.
Accordingly, the court ordered Mamuda to cease production of the product forthwith, destroy all existing products, and directed the court Bailiff, in conjunction with the parties, to undertake an inventory of the products slated for destruction and file same.
The court further ordered that the injunction shall remain in force until the end of the year or pending the determination of the substantive suit.
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