Natural Waters of Viti Ltd v Dayals (Fiji) Artesian Waters Ltd

Natural Waters of Viti Ltd, the owner of Fiji Water, brought an action against Dayals (Fiji) Artesian Waters Ltd for passing off and trademark infringement. The dispute centred around the similarity between the Island Chill and Fiji Water product packaging. The Federal Court of Australia heard the case and provided its judgment. The court examined whether Dayals intended to deceive consumers into associating Island Chill with Fiji Water and if consumers were likely to be misled by the similarities in the product packaging. The court found that Dayals did not intend to deceive consumers and that the reasonable consumer would not be misled into thinking Island Chill was Fiji Water or associated with it. The court also considered the distinctiveness of certain features of Fiji Water's packaging and concluded that these features were not unique to Fiji Water or associated with it in the minds of consumers. The court dismissed the application, finding that there was no passing off or trademark infringement. The parties were ordered to file and serve written submissions on costs or consent orders as to costs within fourteen days.