PepsiCo Loses “Mountain Dew” Trademark Fight to MagFast Beverages
Hyderabad-based MagFast Beverages has won a legal battle against FMCG giant PepsiCo to use the trademark ‘Mountain Dew’. MagFast Beverages Chairman Syed Ghaziuddin said that he had already started selling packaged drinking water with the name Mountain Dew way back in 2000. PepsiCo had not launched a beverage by the same name back then.
“In 2000, I started a company to sell drinking water to 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.”
He further added, “By 2003, PepsiCo company of the US launched its soft drink products in India under the name “Mountain Dew.” So the PepsiCo started investigating and searching for water packages with the same name. The PepsiCo filed a suit against our company in the 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.”
MagFast Chairman Ghaziuddin also appealed to the Supreme Court to move the case to Hyderabad civil court as he belonged to that jurisdiction as opposed to Delhi jurisdiction.
“Here, we fought for about 15 years, and after all the fights on December 31, last year, the claims by the PepsiCo company were all dismissed by the court,” he said.
Ghaziuddin went on to add, “Though we won the case in December only, I patiently waited till now for the court’s order. In 2004, PepsiCo had filed and undertaking, stating that if they lose the case then the company will provide all the required compensation to MagFast Beverages.”
“This win is to all the Indian companies who believe in Made in India campaign by Modi Government,” concluded Ghaziuddin.
Commenting on the matter, PepsiCo India Spokesperson said, “PepsiCo is the registered owner of the trademark “Mountain Dew” in India since 1985 and continues to be so. PepsiCo’s trademark rights have not been affected in any manner due to the orders passed by the Civil Court Hyderabad. PepsiCo has been advised that it has strong grounds for challenging the orders passed by the Civil Court Hyderabad in appeal. Both on the facts as well as on law, and we are in the process filing the Appeal before the Hon’ble High Court.”