Rite Foods Limited (“Rite Foods”), the Nigerian manufacturer of Fearless energy drink, has raised fresh concerns over the conduct of Mamuda Beverages Limited (“Mamuda”), following what appears to be a circumvention of a consent judgment previously agreed between both parties.

The firm has however sued the competitor, the maker of Pop Power Energy Drinks, over allegations bordering on trademark infringement while seeking damages of N1.6bn.

In the fresh suit filed by its team of lawyers led by Oyetola Oshobi and Boonyameen Lawal, the firm also sought an order of perpetual injunction restraining the company from further producing Pop Power Energy Drinks with a similar resemblance to its products.

In the writ of summons marked FHC/ABJ/CS/705/2025 filed on April 14 before Justice Emeka Nwite of the Federal High Court, Abuja Division, the plaintiff sued Mamuda Beverages, a Lebanese firm based in Kano, as the sole defendant.

The plaintiff, which has its registered trademark number as 38227 and its registered design number as NG/DS/NT/2020/1099, sought 10 reliefs.

It would be recalled that 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.

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 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.

In reaffirming its position, Rite Foods stressed its continuous commitment to the protection of its brands, its consumers, and the principles of innovation and fair competition in Nigeria’s marketplace.

The company emphasised that genuine business growth must be anchored on originality and respect for intellectual property, rather than imitation and fraudulent business practices.