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Island Chill and Fiji Water end trademark dispute
FoodBev Media

FoodBev Media

24 June 2008

Island Chill and Fiji Water end trademark dispute

A dispute between Fiji Water owned by Roll International and Dayals (Fiji) Artesian Waters has ended after the parties agreed to settle a trademark infringement lawsuit. Dayals' Island Chill brand of water evokes an association with Fiji Water’s label.

Like Fiji Water, Island Chill capitalises on the image of the island getaway with its 3D label featuring an exotic red flower, square bottle and blue cap. Months after entering the US market, Island Chill filed a lawsuit against Fiji Water in anticipation that Fiji Water would file a suit claiming Island Chill infringed on its trademark.

In the suit, which was scheduled to go to trial on June 24, Island Chill owner Jay Prakash Dayal asked a federal judge to determine that the company was not infringing on Fiji Water's trademark by advertising its water as being from Fiji and that the company is not engaging in unfair business practices.

However, the companies settled and Island Chill agreed to remove the flower from the bottle’s label and only reference the water’s source, Fiji, on the back of the label.

“The idea behind settlement was to stop war between the companies and let everybody continue to compete fairly and sell water,” according to Marc Hankin, Island Chill’s lawyer.

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