Bisleri, Everest case to be heard in October

Mount Everest Mineral Water (MEMW), the Tata Group's beverage company, is fighting legal battle with Bisleri over the Himalyan trademark. It would take another four months to be heard at the Delhi High Court, it is expected to be heard next in October MEMW, which had registered the Himalayan trademark in 1994 has taken Bisleri to court over using the word "Himalayan" in its packaging. According to a release issued by Bisleri, it had introduced the new packaging for their mountain water from the plant in Uttaranchal, the Himalayas in December 2007 whereas MEMW had launched its new packaging of Himalayan in Mumbai market in April 2008. Ramesh Chauhan, founder, Bisleri said: "Bisleri had launched its mountain water ‘from the Himalayas' in December 2006. We question the delay in filing an objection to the authorities." When contacted, MEMW declined to comment. Some of its legal claims are based on the fact that Prevention of Food Adulteration Act specifies that there are only two types of mineral water-packaged drinking water and natural mineral water. Bisleri's brand fits in the former as per the BIS standard for the two types. However, it has already won an interim injunction against Bisleri. According to the court order, Bisleri can sell its bottles marked with a label that uses the phrase "from the himalayas" in a smaller font and not those bottles that use a bigger font with the contentious trademark. Bisleri has already discontinued the use of its website www.bislerihimalyan.com that could have confused the customer in differentiating between the two brands. By Ms.Bobby Aanand, Metropolitan Jury.

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