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Pearl Narang

Pearl Narang is a final year law student of B.B.A.LL.B (Hons.) at Chandigarh University, Mohali and is currently interning as a Trainee in Business World Legal Community. She is also pursuing a diploma in Contract Drafting, Negotiation and Dispute Resolution. She is passionate about both law and writing.

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Local Hyderabad Court Restrains PepsiCo From Using Disputed Trademark Mountain Dew

Magfast Beverages Chairman Syed Ghaziuddin in a statement said that they started selling packaged drinking water bottles called "Mountain Dew" in the year 2000.

Mr Ghaziuddin claims that his Company started selling packaged drinking water under the brand name Mountain Dew

Magfast Beverages Chairman Syed Ghaziuddin issued a press statement after his company secured a restraining order against the global beverages giant- PepsiCo. 

As per the order, PepsiCo is not allowed to use the disputed trademark, Mountain Dew. Mr Ghaziuddin informed the media that he started his Hyderabad based company back in the year 2000 to sell water to the people of Hyderabad. He claims that the idea of selling packaged drinking water under the brand name Mountain Dew came to him in the initial year itself. He was of the view that his product has gained national recognition owing to its quality.

PepsiCo started searching for similar water packages after launching its soft drink Mountain Dew

Pepsi Co's soft drink beverage Mountain Dew was launched in the year 2003. Mr Ghaziuddin asserted that PepsiCo started searching for water packages with the same name. It was during this investigation that the multinational company filed a case for alleged infringement of their trademark against Megfast Beverages. The Delhi High Court directed for the appointment of an Advocate Commissioner for a thorough check of the authenticity of the documents evidenced by Mr Gajiauddin in support of his case.

"All my documents have been checked thoroughly by the advocate commissioner for the authenticity of the product", says Mr Ghaziuddin

Back then, Mr Ghaiziuddin had appealed to the Supreme Court to shift the case to Hyderabad Civil Court since he did not belong to the Delhi jurisdiction.

Court rejects PepsiCo’s claim of trans-border reputation

Mr Ghaziuddin informed that the Court rejected the claims made by PepsiCo on trans-border reputation and infringement while granting the order in his favour. He also claimed that PepsiCo had filed an undertaking in 2004 promising to compensate Magfast Beverages in case the multinational company lost the case.

In his concluding remark, Mr Ghazuddin dedicated his win to all the Indian companies who believe in 'Make in India' Campaign.

PepsiCo’s trademark rights in Mountain Dew not affected, says PepsiCo in response

While Mr Ghaziuddin is elated for securing order in his favour in this 15-year-old case, PepsiCo is in no mood to accept the order passed by the local Hyderabad Court. 

The global beverages company released an official statement to clarify that PepsiCo’s trademark rights in Mountain Dew have not been affected in any manner due to the orders passed by City Civil Court Hyderabad. The company affirmed its ownership over the Mountain Dew trademark in its official statement. PepsiCo's official statement reads as under:

PepsiCo is the registered owner of the trademark Mountain Dew in India since 1985 and continues to be so. PepsiCo’s trademark rights in Mountain Dew have not been affected in any manner due to the orders passed by City Civil Court Hyderabad. PepsiCo has been advised that it has strong grounds for challenging the orders passed by City Civil Court Hyderabad in appeal, both on facts as well as on law, and we are in process of filing the Appeal before the Hon’ble High Court.



Disclaimer: The views expressed in the article above are those of the authors' and do not necessarily represent or reflect the views of this publishing house


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