By TAIYE AGBAJE

Rite Foods Ltd, the manufacturer of Fearless Energy Drinks, has sought N1.6 billion in damages from Mamuda Beverages Nig. Ltd, the maker of Pop Power Energy Drinks, over allegations bordering on trademark infringement.

Rite Foods Ltd, in a fresh suit filed by its team of lawyers led by Oyetola Oshobi, SAN, and Boonyameen Lawal, SAN, also sought an order of perpetual injunction restraining the company from further producing Pop Power Energy Drinks with 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 in Abuja, the plaintiff sued Mamuda Beverages, a Lebanese firm based in Kano, as sole defendant.

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

It sought an order of perpetual injunction restraining Mamuda Beverages, its directors, distributors or any other person(s) from infringing its registered trademark by engaging in the trade or business of manufacturing, supplying, distributing or selling the drinks in Nigeria,

Rite Foods Ltd prayed the court for an order for the delivery up for destruction of the offending Pop Power Energy Drink products and all other products held to be infringing its registered design and trademark, in the possession, custody and/ or control of the defendant.

It sought ?general damages in the sum of N1,000,000,000.00 (One billion naira) for injury suffered by the plaintiff as a result of the infringement and unlawful use of the plaintiff?s registered design and trademark by the defendant.

?Cost of this suit in the sum of N60,000,000.00 (sixty million naira).?

In its statement of claims, Rite Foods Energy, incorporated as a company in February 2007, said it produces fast-moving consumer goods such as ?Bigi Drinks,? ?Fearless Energy Drinks,? ?Sosa Fruit Drinks? and ?sausage.?

The plaintiff said before it introduced its energy drinks, other energy drinks in the Nigerian market were being sold in 250 millilitre and 473 millilitre metal cans.

It said it pioneered and designed a unique and highly distinctive 500 millilitre plastic bottle with colours, size, shape, ornamental configuration with a lion head and the name ?Fearless? which together form a distinctive getup or design.

Rite Foods said its novelty design and aesthetic of the ?Fearless? energy drinks was registered as an industrial design under the Patents and Designs Act on 24 August 2020 by the Registrar of Patents and Designs.

It, however, averred that Mamuda Beverages had since the introduction of the design and before the issuance of the writ of summons in this suit infringed on the plaintiff?s registered design for the Fearless Energy Drinks bottle.

According to the plaintiff, the defendant?s imitation, though in a smaller 330ml bottle, bears striking similarities in shape, colour, and logo placement, leading to widespread confusion among consumers and retailers, some of whom have referred to the infringing product as ?small Fearless.?

Against this backdrop, Rite Foods said it sued Mamuda Beverages before Justice Inyang Ekwo of a sister court in suit number: FHC/ABJ/CS/139/2025 to seek redress earlier in the year.

The plaintiff said on Jan. 31, it obtained injunctive and other preservative orders before Justice Ekwo, restraining Mamuda Beverages from continuing with the manufacturing, supplying, distributing, selling, marketing the earlier Pop Power Energy drinks? product.

It alleged that while these interim protective orders of the court were pending, the defendant approached it with a proposal for settlement.

It explained that the proposal for settlement was predicated on four broad heads.

It said it was agreed that ?the bottle cap shall be changed to a different colour, the two existing border lines on the product label shall be modified to a new colour, the word ?classic? on the label shall be replaced with an alternative term and the colour of the bottle shall not be black or gray and shall be adjusted to a different colour.?

It said it was to ensure that the defendant would redesign its energy drink product in such a way as to distinguish their product from that of the plaintiff.

Rite Foods said in the earlier suit, it did not demand for any monetary compensation for the damage suffered and losses incurred as a result of the defendant?s deliberate imitation of its product.

?All the plaintiff wanted was to be able to enjoy its intellectual property right in its product and to restrain unauthorised persons such as the defendant from infringing on same,? it said.

It said parties executed terms of settlement which was filed in the registry of the court on March 3, and subsequently adopted same as the consent judgment on March 4.

Rite Foods Ltd, however, alleged that a few weeks after the consent judgment of the court, it got wind of the commencement of production and distribution of a ?remake? or ?remodel? of Mamuda?s Pop Power Energy Drinks? product.

?Upon an examination of the purported ?remake? or ?remodel? of the earlier infringing Pop Power Energy Drinks product, it was discovered that the new product was substantially the same as the earlier infringing product which was subject of Suit 139,? it averred.

According to the firm, the defendant is currently producing the Pop Power Energy Drinks in commercial/industrial quantities for purchase by the unsuspecting public.

Against this development, Rite Foods Ltd filed the fresh suit against Mamuda Beverages Nig. Ltd.

It said unless the court intervenes, the defendant will continue to infringe on the plaintiff?s exclusive right to the use of its registered design and trademark.

But in its preliminary objection, Mamuda Beverages urged Justice Nwite to dismiss the suit for being an abuse of court process.

The company, through its lawyer, Chief Offiong Offiong, SAN, argued that Rite Foods Ltd had filed a similar suit marked: FHC/ABJ/CS/139/2025 before Justice Ekwo.

The defendant said that the case which was instituted on Jan. 28 by the plaintiff via a motion ex parte, motion on notice as well as a writ of summons, had the same parties in the instant suit.

It admitted that on Jan 31, Rite Foods? ex-parte application was granted and the company executed same on Feb. 10.

Mamuda Beverages also admitted that the parties subsequently compromised and settled the said suit on terms of settlement adopted on March 4 and entered as consent judgment by Justice Ekwo.

It said one of the agreements was that Mamuda Beverages shall effect modifications to the product design of its Pop Power Energy Drinks before resuming production and sale, which it claimed it did.

According to the defendant, the present suit therefore constitutes an abuse of court process in that it seeks to relitigate matters resolved in suit no FHC/ABJ/CS/139/2025.

?The honourable court is functus officio in respect of the subject matter and lacks the jurisdiction to adjudicate the complaints of the plaintiff in this suit,? it argued.

Justice Nwite had fixed May 28 for the hearing of the preliminary objection of Mamuda Beverages Nig. Ltd. (NAN)

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