Rite Foods sues competitor over ‘trademark infringement’ dispute

Rite Foods Limited, a Nigerian beverage company, has taken fresh legal action against Mamuda Beverages Limited for alleged trademark infringement.

Rite Foods Limited are the makers of Fearless energy drink, Sosa fruit drink, Bigi drinks and sausages.

In a fresh suit filed at the federal high court in Abuja in April, the company alleged that Mamuda copied the trademark and design of its Fearless energy drink by launching a rival product dubbed ‘Pop Power energy drink’.

Rite Foods said the Pop Power energy drink, which was reintroduced in the market recently, “bore significant resemblance to Fearless energy drink in design and trademark, which is a direct imitation”.

Rite Foods also alleged that Mamuda’s Pop Power energy drink was “deliberately designed to be passed off” as the Fearless energy drink product in a smaller size.

“Prior to the manufacture of the new product complained of in the preceding paragraphs, the defendant had in the early months of 2025 commenced the production of an energy drink also described as “Pop Power energy drink” which bore significant resemblance to the plaintiff’s Fearless energy drink product in both design and trademark, amounting to a direct imitation,” part of the suit reads.

“This Pop Power energy drink was also designed in a black/brown bottle with a yellow cover to pass off as the plaintiff’s product in the market.

“The colour palette used for the design of the label was also a prominent yellow colour. The label also includes the picture of a big cat.

“The similarity between both designs had a high probability of causing confusion amongst consumers of the plaintiff’s product.

“In addition, the marks contained in the label for the defendant’s earlier Pop Power energy drink product were also very similar/identical to the registered trademark in the plaintiff’s label for the Fearless energy drinks.”

The beverage company had alleged that Mamuda reintroduced the Pop Power energy drink despite a previous consent judgment on the issue of trademark infringement.

Rite Foods asked the court to declare that it is entitled to exclusive use and exploitation of the registered design of Fearless energy drink.

The beverages company also asked the court to rule that the commercial distribution of a product with similar design to its registered trademark is injurious to the company.

‘BREACH OF CONSENT JUDGMENT’

Rite Foods also alleged that the recent reintroduction of Mamuda’s energy drink is a breach of an earlier consent judgment delivered by Inyang Ekwo, the judge, on March 4, 2025.

In January 2025, Rite Foods sued Mamuda over alleged trademark infringement in the launch of Pop Power.

However, both companies entered an agreement based on certain terms of settlement.

In the terms of settlement approved by the court, the companies agreed that Mamuda will modify its product and that the remaining Pop Power products will be destroyed.

However, Rite Foods is now alleging that Mamuda had returned to the market with its energy drink, barely a month after the consent judgment order.

Rite Foods has filed an ex parte application to restrain Mamuda from distributing and selling the Pop Power product.

Mamuda equally raised a preliminary objection to challenge the jurisdiction of the court.

The court is expected to hear the preliminary objection and other issues in June 2025.