A bench of Justice G S Sistani restrained Aqua Mineral (India) from using "deceptively similar" trademark 'Aquafina' for causing infringement of rights.

The Delhi High Court also awarded damages to the tune of Rs 5 lakh to Pepsico India on account of illegal activities of Aqua Mineral (India).

"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 Delhi High 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.


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