Rite Foods moves to protect Nigerian consumers, brand identity

…Commits to principles of innovation, fair competition

Rite Foods have reiterated its commitment to protect its Nigerian consumers, brand identity, and the principles of innovation and fair competition in Nigeria’s marketplace, especially in the beverage sector.

This is coming following a recent infringement on its Fearless Energy Drink by a Kano State based manufacturer with the launch of a similar-looking product, Pop Power into the beverage market in Kano.

In a legal document cited by BusinessDay, the company raised fresh concerns over the conduct of Mamuda Beverages Limited (‘Mamuda’), following what appears to be a circumvention of a consent judgment previously agreed between both parties.

According to the document, Rite Foods initiated legal proceedings against Mamuda for infringing on the trademark and design elements of its Fearless Energy Drink with the launch of a similar-looking product, Pop Power in January 2025.

According to the document, the case led to the grant of injunctive reliefs, including Anton Piller orders, after which Mamuda opted for a settlement.

“Under the terms of that settlement, Mamuda in admittance of the violation undertook to destroy all infringing Pop Power Energy Drink products — an exercise confirmed duly carried out, with visual and pictorial evidence provided.

“Mamuda equally pledged to desist from any further violations of Rite Foods’ intellectual property rights,” the document reads.

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However, in an unexpected turn, Mamuda subsequently reintroduced Pop Power into the market, with only cosmetic adjustments to its appearance. Rite Foods maintains that these changes are minor and do little to address the original issues of consumer confusion.

Rite Foods emphasised that genuine business growth must be anchored on originality and respect for intellectual property, rather than imitation and fraudulent business practices. It stated that it believed the rights of innovators and creators in Nigeria’s business environment will be firmly protected to strengthen confidence of genuine investors.

“Reports from the market indicate that the new Pop Power continues to be informally referred to as ‘small Fearless’, reinforcing concerns that the revised product may not only breach the spirit of the earlier agreement but could also undermine consumer clarity and brand differentiation.”

According to Rite Foods, the sequence of events raises broader questions about adherence to judicial outcomes and the integrity of the system safeguarding intellectual property rights. “By proceeding with a product that perpetuates confusion so soon after a formal resolution, Mamuda’s actions risk compromising confidence in dispute resolution mechanisms critical for fair business practice,” the firm stated.