By Chancy Namadzunda:
Musician Evance Piksy Zangazanga through his lawyers Joe and Max Chambers has obtained an injunction against Everest Industries Limited over ‘Moyo’ trademark.
Manufacture of Moyo bottled water, Moyo Distributor sought the court’s intervention following the coming in of a new bottled water brand on the market called ‘Moyo Madzi Malawi’ produced by Everest Industries Limited.
Piksy registered, trademarked and patented Moyo bottled water on September 15, 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.
The injunction stops the other company from further manufacturing and distribution of counterfeit bottled water also called ‘Moyo.’
The Court has ordered the destruction and removal from all outlets of all the bogus water s well as printed or written matter, packaging labels or other articles or materials in possession, custody or control of the Everest Industries Limited.
“The defendant by himself or through agents, servants or otherwise be restrained 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 imitation 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 injunction obtained from the High Court Commercial Division.
Piksy said it is not known if Everest Industries Limited’s ‘Moyo’ water is registered but it started hitting the market this year with a black logo but it did break all trademark and patent laws by manufacturing and selling an item under an already trademarked name.
“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.
“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 product which is a good thing. We trust in our judicial system and wait for their judgment over the matter,” said Piksy.