Rite Foods Files New Trademark Infringement Suit Against Mamuda Beverages Over Alleged Breach of Consent Judgment
Hassan Hammoud, Chairman/CEO of Mamuda Group, the company accused of trademark infringement
.....Company Accuses Mamuda of Market Confusion, IP Violations Despite Prior Settlement
Rite Foods Limited, makers of the popular Fearless Energy Drink, has initiated fresh legal action against Mamuda Beverages Limited, accusing the company of violating a consent judgment earlier reached between both parties in a trademark dispute.
The new lawsuit, filed at the Federal High Court, follows what Rite Foods describes as a deliberate circumvention of terms agreed upon in a previous settlement. The earlier matter, filed in January 2025, centered on alleged trademark and design infringement by Mamuda with the launch of Pop Power Energy Drink, which closely resembled Rite Foods’ Fearless Energy Drink.
In that case, the court granted injunctive relief, including an Anton Piller order, prompting both parties to settle. As part of the settlement, Mamuda acknowledged the infringement and committed to destroying all infringing Pop Power products. The destruction exercise was confirmed with photographic and video evidence. Mamuda also pledged to permanently desist from further infringing on Rite Foods’ intellectual property.
However, Rite Foods alleges that Mamuda has reintroduced the Pop Power brand into the market with only superficial changes, which the company claims are insufficient to eliminate consumer confusion. Market reports indicate that consumers still refer to the rebranded Pop Power as "small Fearless," reinforcing concerns that the product continues to piggyback on the goodwill and recognition of the Fearless brand.
Rite Foods maintains that the reintroduction violates not only the letter but also the spirit of the consent judgment. The company emphasizes that such actions could erode public trust in judicial enforcement mechanisms and weaken the protection of intellectual property rights in Nigeria.
Sources close to the case clarified that contrary to some media reports, Rite Foods’ ex parte application in the new suit was not dismissed by the court. Instead, the court opted to hear Mamuda’s preliminary objection first, a procedural step that does not reflect on the substantive merits of the case.
In a statement reaffirming its stance, Rite Foods emphasized its commitment to consumer protection, brand integrity, and fair competition. The company condemned attempts to exploit market confusion through imitation and called for stronger safeguards for innovation and intellectual property.
“Originality is the foundation of sustainable business growth. The continued misuse of our brand identity threatens not just our business but also the confidence of consumers and investors in Nigeria’s legal and economic systems,” a company representative stated.
The outcome of the ongoing legal proceedings is expected to have significant implications for brand protection and IP enforcement in Nigeria’s fast-growing consumer goods sector.
