A major trademark dispute has erupted between two Nigerian beverage companies, Rite Foods Limited and Mamuda Beverages Nigeria Limited, over competing energy drink products. The Federal High Court in Abuja is set to rule on the high-stakes case that could reshape competition in Nigeria’s lucrative energy drink market.
Rite Foods, makers of Fearless Energy Drink and other popular brands like Bigi Drinks, has accused Mamuda Beverages of trademark infringement. The company alleges that Mamuda’s Pop Power Energy Drink bears “striking resemblance” to their registered bottle design (NG/DS/NT/2020/1099), potentially confusing consumers.
“This is a clear case of brand imitation that could damage our market position,” argued Boonyamen Lawal, counsel for Rite Foods. The company is seeking an injunction to immediately halt production and sales of Pop Power Energy Drink.
Mamuda Beverages has fired back with a motion to dismiss, claiming the lawsuit constitutes an abuse of court process. The company’s lawyer, O.E.B. Offiong, revealed that the parties had previously settled a nearly identical case (FHC/ABJ/CS/139/2025) in March 2025 through a consent judgment.
“These matters were fully resolved in our earlier agreement,” Offiong told Justice Emeka Nwite during heated arguments. “The plaintiff is attempting to relitigate settled issues.”
Court documents show that the previous settlement required Mamuda to modify its product design before resuming production. Rite Foods now claims these modifications were either insufficient or not properly implemented.
Justice Nwite has adjourned the case until April 25 for a crucial ruling that will determine whether the new lawsuit can proceed. Legal experts suggest this decision could have far-reaching implications for intellectual property protection in Nigeria’s fast-moving consumer goods sector.
Industry analysts note that Nigeria’s energy drink market has become increasingly competitive, with multiple brands vying for shelf space in a market valued at over $200 million annually. Trademark disputes have correspondingly risen as companies seek to protect their market share.
Both companies have significant stakes in the outcome. Rite Foods, part of a larger conglomerate, has invested heavily in building its Fearless brand. Mamuda Beverages, a newer entrant, sees Pop Power as its flagship product in the energy drink category.
The court’s impending decision comes amid growing concerns about product differentiation in Nigeria’s beverage industry. Consumer protection advocates have called for clearer labeling standards to prevent marketplace confusion.
As the legal battle continues, retailers and distributors are watching closely. Many have reported uncertainty about whether to continue stocking Pop Power Energy Drink pending the court’s decision.
This case marks the latest in a series of intellectual property disputes in Nigeria’s food and beverage sector, following recent high-profile conflicts in the seasoning and bottled water markets. Legal observers predict such cases will become more frequent as the industry continues to expand.
The Federal High Court’s ruling on April 25 is expected to provide much-needed clarity on the boundaries of product design protection in Nigeria’s competitive consumer goods market.
