Soft drink giant Pepsico India Holdings Pvt Ltd has won a trademark case in the Delhi High Court over the trademark ‘Aquafina’ used for its packaged drinking water.
A bench of Justice G S Sistani restrained Aqua Mineral (India) from using “deceptively similar” trademark ‘Aquafine’ for causing infringement of rights.
The court also awarded damages to the tune of Rs 5 lakh to Pepsico India on account of illegal activities of Aqua Mineral (India).
- Varun Gandhi Under Attack Over Defence Deals: Here’s How
- This Diwali, Let Blind Students Brighten Up your Homes With Candles & Diyas
- CBI Files Supplementary Chargesheet In Sheena Bora Murder Case
- Soha Ali Khan And Vir Das Starrer 31st October Audience Reaction
- Sahara Chief Subrata Roy’s Parole Extended Till November 28
- Simple Tips To Secure Your Debit Card From Fraudsters
- New Zealand & India Team Being Welcomed In Chandigarh
- Mumbai Call Centre Scam: All You Need To Know
- Jammu Kashmir Chief Minister Mehbooba Mufti Appeals To Police: Here’s What She Said
- Shocker From Ahmedabad: Find Out What Happened
- Bigg Boss 10 Day 3 Review: Celebs Fail To Do Well in First Task
- Airtel Offers 10GB Data At Rs 259 For New 4G Smartphone Users
- Aamir Khan Starrer Dangal’s Trailer Launched: First Impressions
- TMC Supporters Attack BJP Leader Babul Supriyo
- Sri Lankan Navy Apprehends 20 Indian Fishermen
“On the basis of the documents placed on record, the plaintiffs have established that PepsiCo is the owner of the trademark, trade name, logo and label ‘Aquafina’ and the plaintiff have the exclusive right to use the same,” the court said.
“PepsiCo have also established that they are using a particular label in respect of their product and said label was created for and on behalf of the plaintiffs and that the said label of plaintiffs is an original artistic work that falls within the meaning of Section 2(c) of the Copyrights Act, 1957,” it said.
Pepsico claimed that the ‘Aquafina’ product was launched in India as early as 1999 and it is a unique word coined and exclusively used by them.
It also claimed that under section 17 of the Copyright Act, all rights in the label are owned by the plaintiffs and the said label is distinctive and is an original artistic work under section 2 (c) of the Copyright Act.
The court held that Pepsico has established that “the defendants by using the trademark ‘Aquafine’, which is identical and/or deceptively similar to mark ‘Aquafina’, in respect of packaged drinking water, are causing infringement of rights in the trademark and copyright of the plaintiffs”.
“In view of the above, the plaintiffs are entitled to a decree of permanent Injunction against the defendant from dealing with the goods having infringing mark in terms of prayers…” the court ruled.