Mamuda Beverages Nigeria Limited has appealed against the ruling of Federal High Court, Abuja Division, restraining the company from producing its ”pop power” energy drinks over alleged trademark infringement.

Counsel to the company, Offiong Offiong, SAN, informed Justice Binta Nyako shortly when the case was called for hearing.

Mr Offiong said that their appeal against the ruling of the court, for allegedly infringing on the trademark of a popular Fearless Energy Drink produced by Rite Foods Limited, had been entered at the Court of Appeal.

Boonyameen Lawal, SAN, who appeared for Rite Food Limited, confirmed the development to Mr Nyako.

The lawyer confirmed he had been served with the notice of appeal.

Ms Nyako in the ruling restrained Mamuda Beverages from further producing its “Pop Power” energy drink pending the hearing of the substantive suit.

The judge agreed that the drink in a copied bottle design allegedly infringed on the trademark of a popular Fearless Energy Drink produced by Rite Foods Limited.

Ms Nyako also refused a preliminary objection filed by Mamuda in a suit marked FHC/ABJ/CS/705/2025.

The judge rather granted the injunctive reliefs sought by Rite Foods Limited.

Mamuda Beverages, in its preliminary objection, challenged the suit on the basis of abuse of court process.

The company also argued that Rite Foods’ instant complaint of infringement of its intellectual property was distinct from an earlier suit between the parties, wherein Rite Foods complained about a different act of infringement.

But the judge, in the ruling, held that Mamuda’s newly introduced bottle design still bears a striking resemblance to Rite Foods’ established Fearless Energy Drink product.

She, therefore, granted an order restraining Mamuda from further production of its Pop Power Energy Drink product, pending the final determination of the suit.

Ms Nyako further ordered Mamuda to cease production of the product forthwith and directed the court bailiff, in conjunction with the parties, to undertake an inventory of the already produced products and file same.

The judge, who said that the products already produced could be dispersed by Mamuda Beverages, ordered that the injunction shall remain in force until the end of the year or pending the determination of the substantive suit.

She adjourned the suit until September 23 for hearing of the substantive suit.

But when the case was called on Wednesday, Mr Lawal informed that the matter was scheduled for hearing.

He said he was aware that the defendant had an application.

Responding, Mr Offiong, however, said that their appeal against the court ruling had been entered.

He stated, “The records of appeal had been transmitted to the Court of Appeal.”

He further stated that their earlier application which sought a stay of execution of the ruling of the court was no longer necessary since their appeal had been entered.

“In the event, we will be asking that the matter be adjourned sine die (indefinitely) while we await the decision of the Court of Appeal, my lord,” Mr Offiong applied.

Mr Lawal, who confirmed Mr Offiong’s submission, did not oppose the application for the case to be adjourned indefinitely.

Ms Nyako consequently adjourned the matter since due to await the appellate court decision.

The order followed an earlier suit against Mamuda in January 2025, where Rite Foods sued the company for infringing on the trademark and design of its iconic Fearless Energy Drink through the launch of “a lookalike product, Pop Power Energy Drink.”

However, Mamuda sought a settlement, and terms of settlement were agreed upon and filed, and the court entered the same as its consent judgement.

Some of the terms of settlement included that Mamuda would desist from further violation of the Fearless Energy Drink trademark and identity pass-off.

It also pledged to change its design and avoid any form of identity imitation.

(NAN)