Manufacturers of Moyo bottled water, Moyo Distributors have been granted an injunction by the Commercial Court against a similar bottled water brand on the market called ‘Moyo Madzi Malawi’ produced by Everest Industries Limited.
Musician Evans Zangazanga popular for his moniker Piksy, owner of Moyo Water through his lawyers Joe and Max Chambers obtained the injunction against Everest Industries Limited over the ‘Moyo’ trademark.
The injunction stops the other company from further manufacturing and distributing a bottled water that is also called ‘Moyo’.
The court has ordered the destruction and removal from all outlets of Everest's water as 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 authorising others to do any of the acts aforesaid,” reads part of the injunction obtained from the High Court Commercial Division.
It is not clear if Everest Industries Limited’s ‘Moyo’ water is registered but it started hitting the market in 2021.
“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 the 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 judgment over the matter,” Piksy said.
Piksy registered, trademarked and patented Moyo bottled water on September 15, 2017 with the Registrar General’s office initially for seven years with an option to extend to 14 years.