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Showing posts with label Trademark. Show all posts
Showing posts with label Trademark. Show all posts

Wednesday, January 19, 2011

SC admits appeals by Pepsico and BIS in 'Aquafina' 'Purity Guranteed' labelling case


SC has admitted the cross appeals filed by Pepsico and BIS over the former's packaged water brand 'Aquafina'. In Nov, 2008, Delhi HC had asked Pepsico to remove the picture of snow capped mountain from the bottle's label, and use words like 'pure', 'refreshing' etc. as per BIS guidelines.The judgement can be read here


Bureau of Indian Standards moved an LPA aginst of the impugned judgment and order dated 08.05.2006 delivered by the Learned Single Judge,in Writ Petition  no 20909 of 2005 whereby it was held that the use of the words PURE , CRISP , REFRESHING , PURIFIED AND PURITY GUARANTEED and the pictorial depiction of snow-capped mountain and the sun on the label of  Pepsico India Holdings Pvt. Ltd. for packaged drinking water, was not misleading, and was not prohibited by any law.


The basic premise of the LPA was whether the pictorial device SNOW-CAPPED MOUNTAIN and the expression PURITY GUARANTEED as used in the label creates confusion in the mind of general public regarding the origin nature, composition and properties of the product and suggest that the origin of the water being in the mountains.