| dy"> | | | | for either party to assert their dominance, while it is |
| Tussle over taming the grandeur of the highest | | | | the onus of the courts to simultaneously ensure a |
| mountain range in the world for a commercial venture | | | | level playing field. |
| has reached the courtrooms. Aquifers nestled in | | | | Currently pegged at Rs. 1000 - crore, the Indian |
| Himalayas have been used by the Tata Group | | | | bottled water industry is projected to grow @ 40% |
| (previously Mount Everest Mineral Water Ltd.) and | | | | to touch Rs. 5000 - crore by 2010. The ingoing fight |
| Bisleri International to source a premium segment of | | | | over establishing and protecting the identity of the |
| bottled water (enriched in minerals) as a launch-pad | | | | premium bottled water segment is mainly to create |
| to hoist their international flags and towards a niche | | | | an entry into foreign markets and thus define a global |
| uber-urban segment. | | | | presence. e.g. exploiting the US market which is |
| The trouble brews in the fact that 'Himalaya' is a | | | | touted to touch US$ 50 billion. |
| registered TradeMark with the Tatas. The counter | | | | Viewpoint: |
| argument of Bisleri states that 'Himalaya' is a generic | | | | Any registered TradeMark is designed with an aspect |
| name. Both parties accessed the provisions of the | | | | to provide the basis, thrust, and most importantly, to |
| Indian Judicial System by raising their respective | | | | impart a unique identity to a commodity (product |
| claims. More specifically, Ramesh Chauhan (chairman, | | | | service). Infringement of any registered TradeMark is |
| Bisleri International) has sought cancellation of Tata's | | | | substantiated when it is proved beyond reasonable |
| Himalaya brand through a rectification application filed | | | | doubt that the purported infringer has/is caused |
| with the Intellectual Appellate Board (IPAB), Chennai, | | | | causing confusion about the identity of the product, |
| based on the Geographical Indications Act which | | | | which ought to be protected by the registered |
| forbids the registration of a geographical name by a | | | | TradeMark. Also, an infringement hints at the |
| private company. | | | | strength of the registered TradeMark in the market |
| Statistics' disclosures maintain that 'Himalaya' brand | | | | vis-à-vis its identification of the product and |
| mineral water, currently owned by the Tatas was | | | | seemingly entices potential copiers to piggy-back on |
| bought over from Dadi Balsam (an NRI from | | | | an already paved way of the 'recognised' commodity. |
| Singapore) in 1991. The bottles formerly had | | | | An efficient judicial system enabled by strong laws |
| horizontally located circumferential ridges and square | | | | and defined precedents need to be in place to |
| cross-sectional bottles. Bisleri, on the other hand | | | | thwart such 'piggy-backing' attempts. |
| kicked off their premium segment edition in | | | | A further objection could be raised wherein, the very |
| December, 2006. They have only recently | | | | identity of the product is threatened i.e. whether a |
| accelerated their marketing of said product. Visually, | | | | mark/word(s) ought to be the subject matter in the |
| the bottles are unribbed/unridged carrying a vertical | | | | first pace. |
| label called 'Himalayan' (and in small descriptive font | | | | Apropos the bottled water industry, indicative graphs |
| 'from the Himalayas'). | | | | [1] clearly point out the increasing demand in a |
| While the matter was heard in courts on June 23rd | | | | developing nation like India. |
| and June 24th, 2008, an interim arrangement has | | | | Primarily, for this reason, the cross-tracking attempts |
| been sought by both parties whereby, Bisleri has | | | | and attempts to create well-defined, non-confusing |
| agreed to stop using the domain 'bislerihimalayan.com' | | | | niches within the juxtaposed players of the same |
| It will continue to market water bottles that say | | | | market, a non-generic identity mark is of paramount |
| 'from the Himalayas' as a descriptive mark in small | | | | importance. |
| font to denote the origin of the water. It has also | | | | While it remains clear that 'Himalaya' is a generic name |
| agreed to inform its stockists about these | | | | and a geographical location (and hence, not a subject |
| arrangements. Come October, and a judgment will | | | | matter of a TradeMark registration), it remains to be |
| hopefully be doled out. | | | | seen if its derivative factions such as 'Himalayan' or |
| Representative Advocates: | | | | the like withstand the turbulence caused in respect of |
| - for Tatas: Fali S. Nariman | | | | this case, and attract favourable judgment, thereto, |
| - for Bisleri: AS Chandhiok | | | | thus egging other players to register such |
| Crunching Business Parameters: | | | | TradeMarks, and its plausible complications arising out |
| The numbers game disclosing current and potential | | | | of methods of distinction of such distinctive marks. |
| marketing trends and statistics are the driving force | | | | |