Delhi High Court recently decided a Trademark case involving the soft drink giant, Pepsico India Holdings Pvt. Ltd. (Plaintiff) involving the Trademark ‘Aquafina’ used for its bottled water products. Justice G S Sistani restrained the usage of the deceptively similar trademark ‘Aquafine’ by Aqua Mineral (India) (Defendant).
The Hon’ble court acknowledged the successful efforts of Pepsico India in establishing the trademark, trade name logo and label ‘Aquafina’ being used in respect of their product and said that the label was created for and on behalf of the Plaintiff, adding that it was an original artistic work falling within the meaning of Section 2 (c) of the Copyright Act, 1957. The court further held that the usage of a mark that was identical and/or deceptively similar to the Plaintiff’s trademark by the Defendant, in respect of packaged drinking water, was a clear cut infringement of Copyright and Trademark rights enjoyed by the Plaintiff.
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