Crystal Water Company has contracted the legal services of Estevan Perera and Company to look into an issue dubbed, ‘a breach of trademark’. The matter has to do with the Crystal 5-gallon water bottles that are being used by the various water stores. According to John Palacio, the Public Relations Coordinator for Bowen and Bowen Company Limited, even though you have paid fifteen or twenty five dollars for the 5-gallon, it still remains the property of Crystal Water.
John Palacio, Public Relations Coordinator, Bowen and Bowen: “If you are caught using or selling Crystal water or portraying to be selling Crystal water it doesn’t matter if it’s a mom and pop, it doesn’t matter if it’s someone who is doing a refill, if you are caught selling it to somebody, putting your own caps, or putting caps and seals on there knowing that it’s not Crystal water in there then of course you are liable for a lawsuit. It’s clear from the lawyer that what you’re doing is actually putting into a bottle that is the property of Bowen and Bowen, of Crystal company that you’re actually running a sham. You don’t own bottles, it’s a lease of the bottles because you still bring that bottle back to Crystal bottling company, so it’s a lease of the bottle.”
Palacio clarified that while they are not looking to sue the water consumers, it must be understood that the water companies are the ones who are conducting a breach of their trademark bottles.
John Palacio, Public Relations Coordinator, Bowen and Bowen: “That particular person then is not liable for a lawsuit, that person is doing a refill. “
Reporter: But then the company should not be filling that Crystal bottle.
John Palacio, Public Relations Coordinator, Bowen and Bowen: “The company should not be selling a Crystal five gallon water to somebody. If it’s a refill, it’s a refill. There is a difference between a mom and pop and there is a difference between a bigger company. What we’re saying is that large companies should not be selling a five gallon water that says Crystal to somebody or to a store, that we won’t continue to accept. And I’m saying this because what happens is that the handle of this, the quality that you’re getting or that you think you’re getting is not tap quality that we sell for Crystal. So I get where you’re coming from but at the same time it’s clear in the letter from our lawyer that if you are caught selling water in a Crystal bottle then you’re liable for a lawsuit.”
Reporter: It’s the small business, the small refill stations that are receiving those letters, telling them to cease and desist. These small businesses don’t sell in a truck and deliver they only sell at their refill station but these are the people receiving these letters.
John Palacio, Public Relations Coordinator, Bowen and Bowen: “Is that proven?”
John Palacio, Public Relations Coordinator, Bowen and Bowen: “That these people are actually not selling off to other stores? The customer is then not liable for a lawsuit. We’re talking about the businesses who are actually putting or refilling water in a Crystal bottle which is the property of Crystal bottling company going to another store, selling their water to that store and then selling it off to customers, what you’re doing there you’re rerouting, you are liable for a lawsuit.”
Palacio reiterates that the Crystal Water company loses money and clients when the product in their bottles does not originate from their factory and is found faulty.