A federal high court in Abuja on Wednesday 28 May transferred the N1.60 billion suit filed by Rite Foods Ltd, the manufacturer of Fearless Energy Drinks, against Mamuda Beverages Nig. Ltd, for its Pop Energy drink alleged passing off and identity theft case. The file was sent back to the chief judge for reassignment.
This was made known on Wednesday when the matter, which was before Justice Emeka Nwite, was called for hearing.
The suit, which was on number 19 on the cause list, could not proceed as scheduled.
When Justice Nwite called the attention of the registrar to the case after it was not called, she told the judge that since the matter was brought during the Easter vacation, it had been transferred back to the CJ for reassignment.
The News Agency of Nigeria (NAN) reports that Rite Foods Ltd, in a fresh suit filed by its team of lawyers led by Oyetola Oshobi and Boonyameen Lawal, had instituted the case over allegations bordering on trademark infringement and identity pass-off.
The company also sought an order of perpetual injunction restraining Memuda Beverages from further producing Pop Power Energy Drinks with a striking similarity 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.
Rite Foods , which has its registered trademark number as 38227 and its registered design 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 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 the destruction of the offending Pop Power Energy Drink products and all other products held to infringe on its registered design and trademark in the defendant’s possession, custody, and/or control.
It sought general damages of N1 billion for injury suffered by the plaintiff due to the defendant’s infringement and unlawful use of the plaintiff’s registered design and trademark and the cost of the suit for N60 million.
Rite Foods said its novelty design and aesthetic of the “Fearless” energy drinks were registered as an industrial design under the Patents and Designs Act on 24 August 2020 by the registrar of patents and designs.
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”.
According to the firm, the defendant is producing Pop Power Energy Drinks in commercial quantities for public purchase.
Against this development, Rite Foods Ltd filed a fresh suit against Mamuda Beverages Nig Ltd.
But in its preliminary objection, Mamuda Beverages urged Justice Nwite to dismiss the suit as an abuse of the court process.
The defendant said that the case instituted on January 28 by the plaintiff via a motion ex parte, motion on notice, and a writ of summons had the same parties in the instant suit.
It admitted that on January 31, Rite Foods’ ex-parte application was granted, and the company executed the same on February 10.
The preliminary objection of Memuda Beverages had been scheduled for hearing by Justice Nwite today May 28 2025.
