- Sheelpe Enterprises, the owner of Aava natural mineral water, had filed a trademark infringement and passing off suit against Indikhaa Natural Foods and Beverages because of the use of Aava natural for their products
- The similarity between the defendants’ product name and Sheelpe Enterprises’ registered trademark Aava had caused confusion among the general public: Sheelpe Enterprises
- The next date of hearing is June 23
- The company’s premium natural mineral water has received numerous national and international awards over the last 18 years, earning substantial goodwill in the market
NE LEGAL BUREAU
AHMEDABAD, JUNE 16
The City Civil Court, Ahmedabad, has recently granted an interim injunction against the use of the “Aava and Aava Natural” name by Indikhaa Natural Foods and Beverages Pvt Ltd.
The order came in response to a civil suit alleging trademark infringement and passing off of the brand name “Aava and Aava Natural” against the Andhra based company and its directors by Sheelpe Enterprises Pvt. Ltd., a renowned Ahmedabad-based company known for its internationally famous natural mineral water brand “Aava”.
Sheelpe Enterprises submitted before the court that it has been commercially using the trademark “Aava” since 2006. The brand sells over 2 lakh bottles per day across India and has established a prestigious clientele, including all India online sales, top airlines, airports 5-star hotels, and national as well as international flights and being a leader in the natural mineral water category.
The company’s premium natural mineral water has received numerous national and international awards over the last 18 years, earning substantial goodwill in the market.
During the court proceedings, Aava’s counsel, SR Kheskani, argued that the defendant company’s use of the “Aava and Aava Natural” name constituted trademark infringement and passing off. He submitted that the similarity between the defendants’ product name and Sheelpe Enterprises’ registered trademark Aava had caused confusion among the general public, especially online leading them to believe that the defendants’ products are associated with the plaintiff’s company and brand.
He cited Sheelpe Enterprises’ goodwill and exclusive association with the “Aava and Aava Natural” trademark to seek an urgent injunction to prevent further unauthorized use or passing off of their trademark.
After the preliminary hearing, Civil Court Judge JK Prajapati, observed, “Looking at the facts of the case, it is desirable to restrain the defendants from using, advertising, marketing, dealing their products, services under the trademark “Aava” or “Aava Natural”.”
He granted ad interim relief observing that the object of filing the suit would be defeated by delay.
In his order, he granted a stay on the use of the “Aava and Aava Natural” trademark on the products of the defendants and fixed June 23 as the next date of hearing.
