In a dispute over packaged drinking water sold in eco-friendly paper boxes, More Than Water Private Limited sued Nesco Limited in the Delhi High Court claiming that Nesco was passing off its product by using the very similar name “My Water Box” after the plaintiff had been selling its own “Water Box” and “More Than Water Box” brands since 2018 through its predecessor company. The plaintiff argued it had built strong reputation and customer goodwill over the years with steady sales and promotions, while Nesco had dishonestly copied the core part of its name and packaging to confuse buyers. Nesco defended itself by saying it held an official trademark registration, the plaintiff’s sales evidence was weak and unreliable with questionable invoices and gaps in regulatory approvals, and there was no real proof of substantial goodwill or confusion in the market. After carefully examining the sales records, promotion expenses, packaging designs and regulatory documents, the court found that the plaintiff had not been able to show clear, continuous and substantial market presence or goodwill dating back to 2018, while several of its key documents raised doubts about their authenticity. Justice Tushar Rao Gedela therefore refused to grant any temporary ban on Nesco’s use of its “My Water Box” mark, saying the plaintiff had failed to make out a strong enough case at this early stage for an interim injunction, though the full trial on the passing-off claim will continue.
More than Water Pvt Ltd Vs Mesco Ltd, 15.04.2026, CS(COMM) 125/2026, Not Provided, High Court of Delhi, Hon'ble Mr. Justice Tushar Rao Gedela
Disclaimer: Donot treat this as substitute for legal advise as it may contain subjective errors.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
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