Rite Foods, owned by tycoon Adebola Adegunwa, wins court order halting rival's copycat energy drink in Nigeria

Nigeria's Federal High Court in Abuja has ordered Mamuda Beverages Nigeria Limited to immediately stop producing its Pop Power Energy Drink, destroy all existing stock and submit to a court-supervised inventory of products marked for destruction, after finding that its bottle design still bears a striking resemblance to the Fearless Energy Drink brand owned by Rite Foods Limited.

Justice Binta Murtala-Nyako delivered the ruling on May 22 in Suit No. FHC/ABJ/CS/705/2025, rejecting Mamuda's notice of preliminary objection and granting Rite Foods the interlocutory injunction it sought. The injunction will remain in force until the end of 2026 or until the substantive suit is determined, whichever comes first. The court adjourned the main hearing to September 23, 2026.

The ruling is the second time Mamuda has been brought to court by Rite Foods over the same dispute. In January 2025, Rite Foods filed an initial suit alleging that Mamuda's Pop Power Energy Drink infringed on the trademark and visual identity of Fearless through a near-identical bottle design. Mamuda sought a settlement in those proceedings, and terms of settlement were agreed, filed and entered by the court as a consent judgment. Under those terms, Mamuda undertook to stop violating the Fearless trademark, destroy infringing products and redesign its packaging to eliminate imitation.

Mamuda subsequently reintroduced Pop Power into the market with what Rite Foods described as only cosmetic changes to the original design. The adjustments did not satisfy Rite Foods, which argued that the revamped bottle retained enough similarity to Fearless to confuse consumers and constitute a continuing infringement. The company returned to court with a fresh suit. Justice Nyako agreed. The court held on its face that Mamuda's newly introduced bottle design still bore a striking resemblance to Rite Foods' established Fearless Energy Drink product, rejecting Mamuda's argument that the two suits addressed distinct acts of infringement.

Rite Foods is among Nigeria's most prominent indigenous food and beverages manufacturers. Founded by Seleem Adegunwa, the company produces Fearless Energy Drink, Bigi drinks, Sausages and other consumer products distributed across Nigeria and exported to multiple African markets. Fearless has become one of the most recognised energy drink brands in the Nigerian market, competing in a category that includes Red Bull, Predator and Monster.

The court's instruction to the bailiff to conduct a joint inventory of products marked for destruction, alongside representatives of both parties, is designed to ensure compliance is documented and verifiable rather than left to Mamuda's discretion, given the company's history of returning to the market after a previous settlement.