A Federal High Court sitting in Abuja has transferred the N1.60 billion trademark infringement suit filed by Rite Foods Limited, makers of Fearless Energy Drinks, against Mamuda Beverages Nigeria Limited over its Pop Power Energy Drink, to the Chief Judge for reassignment.
The development was disclosed when the matter came up before Justice Emeka Nwite but failed to proceed as scheduled.
The case, which was listed as item 19 on the court’s case list, was not called during proceedings.
Upon inquiry by Justice Nwite, the court registrar explained that since the matter was initiated during the Easter vacation, it had been returned to the Chief Judge for proper reassignment to another judge.
Rite Foods had filed the fresh suit on April 14, alleging trademark infringement, identity theft, and product pass-off by Mamuda Beverages, a Lebanese-owned company based in Kano.
According to the plaintiff, the design, and packaging of Mamuda’s Pop Power Energy Drink bear a striking resemblance to its “Fearless” Energy Drink, creating confusion among consumers and retailers.
Rite Foods stated that its registered trademark number is 38227, and the design is protected under certificate number NG/DS/NT/2020/1099, registered on August 24, 2020, under the Patents and Designs Act.
The beverage company alleged that Pop Power’s 330ml bottle imitates the shape, colour scheme, and label placement of Fearless, causing some retailers to refer to it as “small Fearless.”
Rite Foods claimed this imitation constituted a deliberate attempt to deceive consumers and benefit unlawfully from its established brand identity.
In the suit marked FHC/ABJ/CS/705/2025, Rite Foods is seeking 10 reliefs, including a perpetual injunction restraining Mamuda Beverages and its affiliates from producing, distributing, or selling Pop Power Energy Drinks in Nigeria.
The plaintiff is also asking the court to order the seizure and destruction of all infringing products in Mamuda Beverages’ possession and for general damages amounting to N1 billion for the injury allegedly caused by the unlawful use of its registered design and trademark.
Additionally, it seeks N60 million to cover the cost of litigation. The case had earlier taken a procedural turn when Mamuda Beverages filed a preliminary objection, asking the court to dismiss the suit for allegedly constituting an abuse of the court process.
According to Mamuda Beverages, Rite Foods had previously filed a similar case against the company on January 28, 2025, using a motion ex parte, a motion on notice, and a writ of summons.
The defendant noted that an ex parte order sought by Rite Foods in that earlier suit was granted on January 31 and executed on February 10.
Mamuda Beverages, therefore, argued that the current case duplicated an earlier one involving the same parties and subject and asked Justice Nwite to throw it out.
The court was expected to hear the preliminary objection on Wednesday, May 28, before the registrar announced the reassignment.
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