Rite Foods Limited, the Nigerian manufacturer behind the widely celebrated Fearless Energy Drink, has raised fresh concerns over the conduct of Mamuda Beverages Limited following what appears to be a circumvention of a consent judgment previously agreed between both parties.
In January 2025, Rite Foods initiated legal proceedings against Mamuda for infringing on the trademark and design elements of its Fearless Energy Drink with the launch of a similar-looking product, Pop Power. The case led to the grant of injunctive reliefs, including Anton Piller orders, after which Mamuda opted for a settlement. Under the terms of that settlement, Mamuda in admittance of the violation undertook to destroy all infringing Pop Power Energy Drink products — an exercise confirmed duly carried out, with visual and pictorial evidence provided. Mamuda equally pledged to desist from any further violations of Rite Foods’ intellectual property rights.
However, in an unexpected turn, Mamuda subsequently reintroduced Pop Power into the market, with only cosmetic adjustments to its appearance. Rite Foods maintains that these changes are minor and do little to address the original issues of consumer confusion.
Reports from the market indicate that 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. A source said that the major concern of Rite Foods Limited is consumer protection as most Fearless Energy consumers erroneously mistake a lower quality product for their market leader product.
This sequence of events, in Rite Foods’ view, raises broader questions about adherence to judicial outcomes and the integrity of the system safeguarding intellectual property rights. By proceeding with a product that perpetuates confusion so soon after a formal resolution, Mamuda’s actions risk compromising confidence in dispute resolution mechanisms critical for fair business practice.
On the fresh matter before the court, our source clarified that, contrary to some media misinterpretations, Rite Foods’ ex parte motion before the Federal High Court was not denied. Rather, the Court elected to first hear Mamuda’s preliminary objection—a procedural step that does not affect the substance or merits of Rite Foods’ case.
