![]() ![]() The bench held that Magfast Beverages had committed copyright violation by copying the ‘Aquafina’ label and the description on Aquafina bottle, which is the bottled water brand of PepsiCo. The court held that even though bottled water and soft drinks are different products, they are sold across the same counter and if they are sold by an identical mark, customers are likely to believe that both are being sold by Pepsi. The High Court noted that ‘Mountain Dew’ enjoyed worldwide reputation even before 2000 when the drinking water brand was launched by the city firm. Radha Rani, held that PepsiCo had exclusive rights over ‘Mountain Dew’ as it had a valid registration since 1985. The High Court bench, comprising Justice P. Senior counsel Sunil B. Ghanu, representing Magfast Beverages, argued that his client was not aware of PepsiCo’s trademark and that it came up with the ‘Mountain Dew’ brand on its own in 2000 much before Pepsi launched the soft drink in India. It stated that Magfast Beverages had dishonestly copied the name for selling bottled water. Vivek Reddy argued that the firm had registered the ‘Mountain Dew’ trademark in 1985. In contrast, the rival firm has sales of Rs 3.25 lakh. PepsiCo approached the High Court by stating that it was spending approximately $15 million per annum on the advertisement and promotion of ‘Mountain Dew’, whose global annual sale was approximately $7 billion. The trial court also observed that the rights conferred by registration of the trademark were subject to the rights of prior users of the trademark, which in this case was Magfast Beverages. The court reasoned that while Pepsi was using the Mountain Dew trademark for soft drinks, Magfast was using it for bottled water and these were two different categories. The trial court had held that PepsiCo’s rights over ‘Mountain Dew’ were not exclusive and that Magfast Beverages also had a right to use the trademark because it was the first to use the label. The dispute reached the High Court, as both companies were aggrieved by lower court’s orders. PepsiCo had sued the firm in the city civil court 18 years back. You can see the interactive map and each label at : The Telangana High Court made it clear that PepsiCo has exclusive rights over the ‘Mountain Dew’ trademark. City-based Magfast Beverages is marketing packaged drinking water bottles with the ‘Mountain Dew’ name. The specialty bottles will be available at all stores that sell Mountain Dew. Its second main sport? Still basketball." Kentucky's label includes an image of Kentucky State Park Cumberland Falls, people horse racing and an image of a basketball and hoop with the caption, "Kentucky's main sport is basketball. The label also includes a guitar for Cleveland's Rock and Roll Hall of Fame, a football for Canton's Pro Football Hall of Fame. Though the other symbols and images didn't have descriptions, here are some images recognized on Ohio's label: Next to the flying pig on Ohio's label, it says, "'Wild hogs' may now refer to a renegade gang of motorcyclists, but back in the 1800s, you'd find farmers guiding herds of them through the streets of Cincinnati, giving us the nickname, 'Porkopolis.'" Some of the symbols include explanations. The website includes an interactive map that shows the themed label for each of the states. Anyone who collects and scans 50 of the the labels will earn a $100 prepaid Visa gift card. Each valid bottle uploaded will also score you one entry into the $1 million grand prize sweepstakes. "Taking inspiration from DEW® consumers across the country, we designed a bottle series that celebrates the spirit of DEW® Nation," the website states.Įach of the 50 states has its own unique label. ![]() This promotion began on May 18 and will continue until July 11. Mountain Dew is releasing themed bottles for all of the 50 states and Ohio's label has a recognizable theme.īuckeyes, a hippo that looks like Fiona, a river and tributes to two of Ohio's museums are all included. Watch Video: Taste testing Mountain Dew cake recipes for the drink's 60th anniversary ![]()
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