The N1.60 billion suit filed by Rite Foods Limited against Mamuda Beverages Nigeria Limited at the Federal High Court in Abuja has been transferred to the chief judge for reassignment.
Rite Foods, which produces Fearless Energy Drinks, said Mamuda Beverages used images similar to its Fearless brand for its Pop Energy drink to confuse consumers.
The company asked the court for an order of perpetual injunction restraining Mamuda Beverages from further producing Pop Power Energy Drinks with a striking similarity to its products.
When the matter was called for hearing on Wednesday, May 28, 2025, before Justice Emeka Nwite, the registrar was it had been transferred to the CJ for reassignment because it was filed during the Easter vacation.
The suit, which was number 19 on the cause list, could not proceed as scheduled.
In the writ of summons marked FHC/ABJ/CS/705/2025 filed on April 14 before Justice 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, including 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.
According to the News Agency of Nigeria (NAN), Rite Foods 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.