By Watipaso Mzungu
The Commercial Division of the High Court of Malawi has ordered Everest Industries Limited to stop further production of a counterfeit bottled water named ‘Moyo’.
Sensational music icon Piksy registered, trademarked and patented Moyo bottled water on 15 September 2017 with the Registrar General’s Office for an initial period of seven years with an option to register it for a period of 14 years thereafter.
However, Everest Industries Limited took advantage of the popularity of the brand to produce counterfeit bottled water and branded it after Piksy’s brainchild water.
This prompted Moyo Distributors – a newly established manufacturer of bottled water in Malawi – to obtain a court order on Tuesday this week to stop Everest Industries Limited from further violation of Piksy’s copyright rights.
The court has also ordered the Everest Industries Limited to destroy and remove from all the outlets all the bogus water as well as printed or written matter, packaging labels or other articles or materials in possession, custody or control of Everest Industries Limited.
“The court order also restrains Everest Industries Limited from passing off bottled water, not being bottled water of the claimant, as and for the same, whether by use of the mark ‘Moyo’ or any other alphabetical initiation of the mark ‘Moyo’ or otherwise howsoever; and enabling, assisting, causing, procuring or authorizing others to do any of the acts aforesaid,” reads part of the court.
The High Court says it is not known if Everest Industries Limited’s copycat Moyo water is registered although it started hitting the market this year with a black logo.
The court further states that the faulted company broke all trademark and patent laws by manufacturing and selling an item under an already trademarked name.
Piksy told Malawi Voice on Wednesday that he was relieved with the court order.
He said he was disturbed with the action taken by Everest Industries Limited to destroy their product.
“We worked so hard to come up with the brand of ‘Moyo’ and did the trademark for the brand. It is not easy to start such a business as an artist, but with determination, focus and support from family, friends, fans and other well-wishers, we managed to launch the brand and started small,” said Piksy.
“We have been growing by day. We have a case in court now and an order from the court to stop them from producing and selling their product, which is a good thing. We trust in our judicial system and wait for their judgment over the matter,” he added.
