Wednesday, 18 June 2014

Pepsi Co- Another Trademark Win

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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 headed by Justice Sistane restrained "Aqua Mineral(India)" from using the mark "Aquafine" for being deceptively similar to  the mark "Aquafina" of Pepsico India.
    

PepsiCo prayed protection of its unique label under sections2(c) and section17 of Copyrights Act 1957.The court  awarded damages to  sum of Rs5,00,00/- to PepsiCo India.

The court opined 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 pacakaged drinking water


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