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Restrains Karnataka Firm from Using Energy Beverages' 'CLEAR' Mark
The has a Karnataka-based business from using the "CLEAR" or "CLEAR AQUA IND" marks on packaged drinking water, after the defendants failed to contest allegations of . Justice Madhav J. Jamdar, hearing the matter on , made absolute an earlier granted in favour of
The Dispute Over 'CLEAR' Water
Energy Beverages, a manufacturer of packaged drinking water, holds multiple for the "CLEAR" , copyright in its , and a registration for the of its bottle. On , the company's investigator discovered a rival product bearing the mark "CLEAR AQUA IND" sold by . The plaintiff alleged that the impugned product was a counterfeit, using nearly identical and bottle shape to ride on the goodwill of its established brand.
Court's Initial Action and Continued Absence
On , a Single Judge of the High Court granted after physically comparing the . The court appointed a and three —Advocates , , and —to visit the defendants' premises in Karnataka, seize , and make inventories. The defendants were served but did not appear, nor did they file an despite being given three weeks' time. When the matter came up again on 3 September, Justice Jamdar noted that the contentions in the remained .
Why the Court Found the Products Counterfeit
The court had earlier observed that the defendants had suffixed "AQUA IND" to the plaintiff's mark "in negligible font", while giving prominence to the word "CLEAR". The
were sold in an identical bottle shape for which Energy Beverages held registration, and the label mark, colour scheme, and placement of features were all identical. The judge recorded:
"
upon perusal of
, it is evident that the
are
."
The court further stated that the
was "
" and that the defendants' intent
"appears to be to encash upon
earned by the Plaintiff."
Final Order and Implications
Justice Jamdar allowed the in terms of (a) to (e), which restrain the defendants from using the "CLEAR" or "CLEAR AQUA IND" marks, any or labels, and any bottle shape identical to the plaintiff's registered shape. The earlier —including powers to —remain in force. The order is interim and will continue pending the of the . The ruling sends a strong signal against counterfeiters in the packaged drinking water segment, where brand identity and packaging are critical consumer touchpoints.
