Voltic and others move to overturn court’s restraining order

A Kumasi Commercial Court would on Friday hear a motion seeking to overturn a restraining order on the production of ‘voltic cool pac’ sachet water.

The court had granted the order following a writ filed by Century Investment Limited against Voltic Ghana Limited together with six other sachet water companies – Nivaansh, Adat Water Limited, Straight Gate Ministry, Tasty Urban and Right River Enterprise, over what it claims to be an unfair trade practice, deception of consumers and passing off.

The seven companies, are however, asking that this is set aside, alongside all other orders and a stay of execution.

Century Investment in its statement of claim, says among other things that, the six companies have been producing sachet water with the brand name ‘cool pac’ and with different registered numbers embossed on the 500 milligrams (mg) sachets.

It says on the 500ml sachets (primary packaging) is the inscription ‘cool pac’ but on the larger packs (secondary packaging) containing 30 pieces of 500ml sachet water, the name ‘voltic’ is added to brand name to now read, ‘voltic cool pac’.

It insists that it is unlawful for a person to manufacture, label, package, sell or advertise a food in a manner that is false, misleading or deceptive as regards its character, nature, substance or quality.

Century Investment adds that the arrangement under which these companies produce sachet water with the franchise of Voltic under the brand name ‘voltic cool pac’ constitutes not only a deception of the unsuspecting consumer but unfair trading and passing off.

Voltic, however, flatly rejects any wrong doing in its statement of defence, saying that, it validly gave the companies franchise to produce sachet water banded ‘cool pac’.

It claims that per the franchise arrangement entered into with them, they are to act as its agents in producing the said branded sachet water, whilst it exercised supervisory role in ensuring that the franchisees meet Voltic’s sachet water standards.

Voltic is also making counterclaim of infringement on its trademark and unfair competition practice against Century Investment.

Meanwhile, Eric Darko, an official of one the sachet water producing companies, has profusely denied claims that he is actively mobilizing their workers storm the Commercial Court to cause confusion.

“I am a law abiding person and would never do any such thing”, he told the Ghana News Agency (GNA).

Source: GNA