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Water Bottles War Goes To Court
By Dickson Jere
You know the 18.9 litres big water bottles that we use for water dispensers, right? Natural Valley Limited – the manufacturers of “Manzi Valley” – avers that it designed and makes those unique and peculiar recyclable bottles for its product. So, only “Manzi Valley” water is supposed to be in those bottles. But then, other companies in water purifying business, are also using the same bottles prompting the current legal battles in Court.
Here is how it works.
The bottles are lent to customers with a returnable deposit and they use the bottles on water dispensers in homes and offices. The 18.9 litres bottles are conspicuously embossed with words “Manzi Valley” and underneath there are words indicating that the bottle is “property of Natural Valley Limited”. The words on the bottles have been trademarked at PACRA and duly registered.
You see, several companies have entered the bottled water industry and uses similar bottles for sale. Natural Valley strongly believes that competitors in the industry should not use its unique 18.9 litres bottles because it spent money in the design and manufacture it.
But some of the players in the market believes that there is a practice or custom in this industry to use each others bottles so long as one put its logo on its product.
This has prompted an action in the High Court for Zambia in which Natural Valley Limited is demanding, among other things, that its competitors should be stopped from using the bottles. It also demanding that damages be paid for “passing off” and infringement of its trademarks.
The High Court Judge refused to grant an injunction to stop the use of the bottles by others players and Natural Valley Limited appealed to the Supreme Court.
Chief Justice Dr Mumba Malila, SC led a three man panel to determine whether the injunction was appropriate in this case pending the hearing of the main matter. Having analyzed the case, the Supreme Court held thus:
“The Appellant is granted an interim injunction restraining…respondents from marketing or distributing their water in the appellant’s 18.9 litre bottles which bear the Appellant’s duly registered trade mark ‘Manzi Valley,” the Court ruled.
The Court further ordered that all bottles described by Manzi Valley but in possession of its competitors should be surrendered to Nature Valley Limited.
“We think that the appellants concerns are genuine,” the Court further noted and ordered that all the 18.9 litre bottles in possession of the business rivals should be part with them until the case is finished.
This is a groundbreaking ruling on trademark and intellectual property (IP) law in Zambia, which is slowing gaining momentum. It will be interesting to see the final case will be decided in the High Court.
Case citation – Natural Valley Limited v Fairly Bottling Limited and six other companies – Appeal No. 61 of 2016 but Ruling belatedly delivered on the 13th January, 2022.
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