Court Bars Firm from Using Copied Bottle Design for Energy Drink

A Nigerian court has definitively halted Mamuda Beverages Nigeria Limited's production of its Pop Power Energy Drink. The Federal High Court in Abuja issued a restraining order, siding with Rite Foods Limited, the maker of Fearless Energy Drink.

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Mamuda’s newly introduced bottle design, manufactured, still bears a striking resemblance to Rite Foods’ established Fearless Energy Drink product.

Justice Binta Nyako ruled that Mamuda's Pop Power bottle design copies the established look of Rite Foods' Fearless Energy Drink. This ruling came despite Mamuda Beverages' attempt to dismiss the suit, arguing it was an abuse of court process. The court found the new design bore a striking resemblance to the original.

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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 order compels Mamuda Beverages to cease production immediately, destroy all existing Pop Power products, and have court bailiffs oversee an inventory for destruction. The restraining order remains in effect until the suit's final determination, with the next hearing set for September 23.

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Mamuda would desist from further violation of Fearless Energy Drink trademark and identity pass-off.

This legal battle follows a previous settlement where Mamuda agreed to stop infringing on the Fearless Energy Drink's trademark and identity. Rite Foods stated that Mamuda reintroduced Pop Power with only minor cosmetic changes, which they argue still cause consumer confusion and breach the spirit of their agreement. Market reports indicate consumers still informally refer to Pop Power as "small Fearless," reinforcing Rite Foods' concerns.

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The new Pop Power continues to be informally referred to as “small Fearless,” reinforcing concerns that the revised product may not only breach the spirit of the earlier agreement but could also undermine consumer clarity and brand differentiation.