MagFast Beverages wins battle against PepsiCo to use trademark ‘Mountain Dew’
Magfast Beverages Chairman Syed Ghaziuddin on Monday said that they started selling packaged drinking water named ‘Mountain Dew in the year 2000.Updated: Oct 08, 2020, 21:51 IST
Hyderabad based MagFast Beverages has won the battle against beverages MNC, Pepsico to use the trademark, ‘Mountain Dew’.
Magfast Beverages Chairman Syed Ghaziuddin on Monday said that they started selling packaged drinking water named ‘Mountain Dew in the year 2000.
“In 2000, I started a company to sell water to the people of Hyderabad as well as India. And that is when I started my idea into work as ‘Mountain Dew” for my packed drinking water. Due to the quality of the product, this brand name has reached national recognition.”
“By 2003, the PepsiCo company of USA launched its soft drink product in India under the name ‘Mountain Dew’. So the PepsiCo started investigating and searching for water packages with the same name. The PepsiCo company filed a suit against our company in Delhi High court for infringement of their alleged trademark. But the Delhi High court refused their appeal and appointed an advocate commissioner. All my documents have been checked thoroughly by the advocate commissioner for the authenticity of the product,” he added.
Ghaziuddin said that he appealed the Supreme court to transfer the case to Hyderabad city civil court as he belongs to this jurisdiction and not the Delhi jurisdiction and so the case has been transferred so.
“Here, we fought for about 15 years, and after all the fight on December 31 last year, the claims by PepsiCo company were all dismissed by the court,” he said
“Though we won the case in December only, I waited till now for the court order. And now regarding compensation, in 2004 the PepsiCo has filed an undertaking by stating that if the case filed is lost by the PepsiCo company, then the company is ready to pay the required compensation to Mag Fast Beverages,” he added.
This win is to all the Indian companies who believe in the Made in India campaign by Modi Government, said Syed Ghaziuddin.
However, PepsiCo issued a statement saying it is the registered owner of the trademark Mountain Dew in India.
“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,” PepsiCo spokesperson said.