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Water company loses its bottle

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A mineral water bottling company has been barred from using a name similar to that of a world famous Scotch whisky.

This week the Delhi High Court determined that the ‘WAT 69’ brand of water produced by SM Enterprises was too similar to that of Diageo’s legendary ‘Vat 69’ whisky, and has temporarily banned the company from selling, advertising and manufacturing the product until the next hearing in November.

SM Enterprises had placed a label on their WAT 69 brand of water, which had a similar colour combination and design to that of its more famous whisky-counterpart.

Vat 69, a blended Scotch whisky first launched in 1882, is one of the most recognisable brands in a highly competitive sector and the distinctive bottle and label design has changed little over time. Diageo explained to the court that the brand first registered its trademark in 1989 by William Sanderson And Son Ltd and later transferred it to Diageo Brands BV Company.

Diageo is one of the world’s biggest drinks companies and trades in more than 200 countries worldwide. The Netherlands-based company also own Guinness, Johnnie Walker and Smirnoff.

The ruling comes at a time when the amount of Scotch whisky sold abroad is reaching record levels. More than one billion bottles were exported from the UK in 2006 according to the latest Scotch Whisky Association (SWA) figures. Diageo is also making in-roads into the Indian drinks market and has recently opened a plant in Bangalore, with a capacity to bottle 20,000 cases a month.

Meanwhile, the company has also approached the Delhi High Court to protect their well-established Johnnie Walker Black Label trademark from being infringed by Goa-based Real Food Exporters Pvt Ltd, which is distributing a brand of malt whisky called ‘Real Black’.