Bombay High Court Restrains Sale Of Counterfeit 'CLEAR' Packaged Drinking Water

The Bombay High Court has restrained a Karnataka-based business from using the “CLEAR/CLEAR AQUA IND” mark after finding the impugned products to be counterfeit.

The court had earlier observed that “AQUA IND” was shown in negligible font while prominence was given to “CLEAR”, and that the rival products had identical bottle shapes, label marks, colour schemes and placement of features.

Justice Madhav J. Jamdar allowed Energy Beverages Pvt. Ltd.'s interim application in terms of prayers (a) to (e) in an order dated September 3, 2026.

Energy Beverages manufactures and markets packaged drinking water. It has registrations for the “CLEAR” word and device marks, copyright in its “CLEAR” label artwork, and registration for the shape of its bottle.

The company approached the court alleging trademark infringement, copyright infringement and passing off. The trademark claim concerns the alleged unauthorised use of its registered “CLEAR” marks. The copyright claim relates to the alleged copying of its label artwork, while the passing-off claim concerns the way the rival product was presented.

Energy Beverages claimed that on March 13, 2026, its investigator came across an impugned product bearing the “CLEAR AQUA IND” mark depicted in pirated artwork. It also told the court that the Karnataka-based business was marketing an identical product using that artwork.

At the initial hearing on April 28, a Single Judge physically compared the rival products. The court found, prima facie, that the impugned products were counterfeit and were likely to cause confusion.

The court noted that “AQUA IND” had been suffixed to the “CLEAR” mark in negligible font, while prominence was given to “CLEAR”. It also found the bottle shape identical to the shape for which Energy Beverages had registration. The label mark, colour scheme and placement of features were likewise found to be identical.

The earlier order also recorded that the intent “appears to be to encash upon goodwill and reputation earned by” Energy Beverages in respect of its registered trademark. It consequently granted ex parte ad-interim relief.

The interim relief also covered the label artwork and bottle shape. The April order restrained use of “CLEAR/CLEAR AQUA IND” and deceptively similar marks, the impugned label artwork, and the bottle shape that was identical or deceptively similar to Energy Beverages' registered bottle shape.

The same order appointed the court receiver with powers to search the relevant premises and seize and seal offending material. Since the businesses concerned were located in Karnataka, Advocates Vishal Tambe, Suhas Deokar and Shreyas Mehta were appointed as Additional Special Receivers to assist with execution of the order.

The Additional Special Receivers were authorised to take local police assistance, seize and seal infringing goods and make an inventory. They could also break open locks, if necessary, with police assistance.

When the matter came up again, the court recorded that the Karnataka-based business had been served, but no one appeared on its behalf. It had also been given three weeks to file an affidavit-in-reply, but no reply was filed.

The court then allowed the interim prayers. The restraints cover the “CLEAR/CLEAR AQUA IND” mark, the impugned label and the bottle shape. The receiver-related directions also permit the seizure and sealing of infringing goods.

The injunction is interim and will continue while the main suit continues.