Pune-based Kutwal Foods has decided to take on packaged drinking water giant Bisleri for infringement of its trademark ‘Urja’. Kutwal Foods, which runs businesses under the brand name Urja, has filed a civil suit against Bisleri in the Pune District and Sessions Court for infringement of its trademark and the petition has been admitted by the court, a statement issued by the company said.
Kutwal Foods managing director Ramdas Kutwal said that their company was incorporated in the year 2000 and is into the business of manufacturing and marketing packaged drinking water, sweetened carbonated beverages, carbonated water (soda), fruit drinks, milk and milk products such as amrakhand, shrikhand, curd, paneer, ghee, buttermilk, lassi, flavored milk, fruit drinks and ice creams.
Bisleri has launched a ‘sweetened carbonated beverage’ under the brand name ‘Urzza’ and made an application to trademark authority for registration of brand name ‘Urzza’ under class 32 in December 2013, he said.
“It is an infringement because ‘Urja’ is already registered under class 32 by us and we are the only registered proprietor of the mentioned mark.
The registration of the above mentioned mark is valid and we have an exclusive right to use the same,” he claimed.
“Kutwal Foods is already using brand name Urja for their products since 2000.The use of the said mark by Bisleri is contrary to public interest as it leads to deceiving the general public about the source of the goods. The impugned mark is deceptively and phonetically similar to the our registered trademark ‘Urja’, and, hence, it ultimately misguides the consumer,” he said.