Press "Enter" to skip to content

Ceremony Meals sues Mamuda Drinks for N1.6 billion over trademark infringement in power drink battle 

Ceremony Meals Ltd, the producer of Fearless Power Drinks, has filed a N1.6 billion lawsuit in opposition to Mamuda Drinks Nig. Ltd, producer of Pop Energy Power Drinks, citing trademark infringement and unauthorized replication of its product design.

The lawsuit seeks each damages and an injunction to forestall Mamuda Drinks from persevering with to fabricate power drinks that bear a hanging resemblance to Ceremony Meals’ registered merchandise.

Within the writ of summons filed on April 14 earlier than Justice Emeka Nwite of the Federal Excessive Court docket in Abuja, Ceremony Meals claims that Mamuda Drinks has violated its mental property rights by introducing an almost similar design for its Pop Energy Power Drinks.

The plaintiff alleges that the defendant has copied its distinctive bottle design, decorative options, and model identification, resulting in shopper confusion.

The argument

In line with Ceremony Meals Ltd, its Fearless Power Drinks function a novel 500ml plastic bottle design incorporating a lion head brand, a particular form, and shade scheme, all of which have been formally registered beneath the Patents and Designs Act on August 24, 2020.

  • The plaintiff argues that Mamuda Drinks’ 330ml Pop Energy Power Drinks replicate the form, shade, and general aesthetic of the Fearless model, with some customers referring to it as “small Fearless” as a consequence of its resemblance.
  • The lawsuit calls for an order of perpetual injunction restraining Mamuda Drinks, its distributors, and associates from additional infringing on Ceremony Meals’ trademark, together with manufacturing, distributing, or promoting power drinks that imitate its design.

The plaintiff additionally seeks N1 billion in damages for losses incurred as a result of alleged illegal use of its registered design, in addition to N60 million in authorized prices.

Earlier injunction 

Ceremony Meals had beforehand secured an injunction in opposition to Mamuda Drinks in January 2025 earlier than Justice Inyang Ekwo, restraining the defendant from persevering with the manufacturing and distribution of Pop Energy Power Drinks.

  • The events later reached a settlement settlement, which required Mamuda Drinks to change parts of its product design to make sure differentiation from Fearless Power Drinks.
  • Nonetheless, Ceremony Meals claims that Mamuda Drinks has since violated the phrases of the settlement, reintroducing a “reworked” model of the Pop Energy Power Drinks that continues to be considerably similar to the unique design.

This alleged breach prompted the recent lawsuit, as Ceremony Meals insists that courtroom intervention is critical to guard its unique rights over its registered trademark and product design.

What you need to know 

Mamuda Drinks has responded with a preliminary objection, urging the courtroom to dismiss the case on the grounds that the lawsuit constitutes an abuse of courtroom course of.

  • The defendant argues that the matter was already litigated and resolved in an earlier consent judgment, rendering the courtroom functus officio—a authorized precept stopping the relitigation of settled disputes.

Justice Nwite has scheduled a listening to for Might 28, the place the courtroom will deliberate on Mamuda Drinks’ objection to the case and decide whether or not Ceremony Meals’ lawsuit can proceed.


..

Be First to Comment

    Leave a Reply

    Your email address will not be published. Required fields are marked *