The Energy Drink Wars: A Reflection on Rite Foods vs Mamuda Beverages Legal Saga
In a saga that underscores the fierce competition in Nigeria’s thriving beverage industry, two major players — Rite Foods Limited and Mamuda Beverages Nig Ltd — have once again locked horns in a high-stakes legal battle over alleged trademark infringement.
Rite Foods, the powerhouse behind the popular Fearless Energy Drinks, Bigi Drinks, and Sosa Fruit Drinks, took Mamuda Beverages back to court, claiming that Mamuda’s Pop Power Energy Drinks bore a striking resemblance to its iconic Fearless brand. The confrontation reignited memories of an earlier court tussle between the two beverage giants — a legal storm that had seemingly calmed after a 2025 settlement overseen by Justice Inyang Ekwo.
Back then, Rite Foods secured an interim victory, compelling Mamuda Beverages to modify its Pop Power Energy Drink design. A terms-of-settlement agreement followed, culminating in a consent judgment. It was thought that the bitter rivalry had been put to rest. But in the volatile world of branding, appearances matter — and unresolved tensions have a way of resurfacing.
This time, as Rite Foods sought an urgent preservative court order to halt Pop Power’s production, Mamuda Beverages struck back by filing a preliminary objection, accusing Rite Foods of relitigating a matter that had already been settled. Their lawyer, O.E.B. Offiong, passionately argued that the Federal High Court was functus officio — legally incapable of revisiting an issue it had already adjudicated.
Yet, in a dramatic courtroom showdown, Rite Foods’ counsel, Boonyamen Lawal, fought fiercely to have their urgent motion heard, decrying the rival’s move as a mere ploy to delay justice.
At the heart of the controversy lies a deeper question: In a market where branding defines identity and customer loyalty, where does healthy competition end and intellectual property protection begin?
This latest chapter in the Energy Drink Wars not only showcases the aggressive defense of corporate trademarks but also reflects a broader trend in Nigeria’s booming consumer goods industry, where brand imitation, fierce marketing, and legal brinkmanship are becoming the new normal.
As the Federal High Court resumes ruling on April 25, 2025, the industry watches keenly — because beyond the courtroom drama, the outcome could set a new precedent for how Nigeria’s courts balance innovation, competition, and intellectual property rights in the modern marketplace.
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