“He obtained an ex-parte order of injunction in jest.”
The High Court, Commercial Division, sitting in Blantyre has discharged an injunction, which musician Evans Zangazanga famed ‘Piksy’ obtained against Everest Industries, proprietors of bottled water branded Moyo Madzi.
Piksy obtained an injunction from the commercial division of the High Court alleging that Moyo Madzi was a bogus product passing off as his product called Moyo Natural Spring Water.
Judge Justice Dr Michael Mtambo in his ruling ordered that Everest Industries are the duly registered proprietors of the trademark ‘Moyo Madzi’ and as such Piksy had no legal basis to restrain them from from producing, bottling and selling Moyo Madzi.
Mtambo ruled: “Restraining the appellant from production, bottling and or trading of Moyo Madzi brand has no legal ground and doing so would be tantamount to infringing on the trademark rights.
Lawyer representing Everest Industries Edward Chagalamuka Banda expressed satisfaction with the ruling.
“I think the problem with with Mr. Zangazanga was that he rushed to court and obtained an ex-parte order of injunction in jest, without doing any research in so far as the legal status of the trade mark Moyo Madzi was concerned.
“A lot could have been avoided on their part simply by consulting the office of the Registrar General for guidance prior to going to court.
“I must say, we are not surprised that the injunction has effectively been discharged, it was expected,” he said.
Everest Industries General manager Aditya Gadhvi said they were happy justice had been served.
Gadhvi said production of the water had resumed and they hoped to meet the demand for the water which had piled up following the injunction.
He said he believed the musician was threatened by the popularity of Moyo Madzi which has become a fast growing brand on the market.
“What surprised us when we were served with the injunction was that we had never seen their water in any retail outlet before. Not even heard about it before.
“So it was very surprising to be sued over something we didn’t even know existed.” Said Gadhvi.
When contacted Piksy said: “I can’t say much on the matter at the moment as I need to sit down with legal team and navigate a way forward.”Follow and Subscribe Nyasa TV :