Parle Agro on Wednesday moved the Delhi High Court seeking to restrain PepsiCo India Holdings from using 'Fizz' in the packaging of its 7Up cold drink. It alleged that the word ‘Fizz’ was similar to its registered trademark ' Appy Fizz'.
Parle Agro claimed that it had created and adopted the trademark 'Appy Fizz' in 2005, with the mark 'Fizz' as the essential and prominent part of its sparkling apple juice-based drink. The product under the 'Appy Fizz' trademark has gained immense popularity, which led to more products being launched with the mark 'Fizz', such as 'Frooti Fizz', 'Grappo Fizz', 'B-Fizz', among others.
In July, Parle Agro had found that PepsiCo had started using 'Fizz' for its 7Up cold drink's packaging, senior counsel Chander M Lall argued, adding that Pepsi's use of 'Fizz' affects the market for its products as it creates confusion in the market. PepsiCo had replicated the word 'Fizz' in a style and presentation which was identical to the petitioner, he said.
According to Parle Agro, PepsiCo had previously used 'Extra Fizz' in a descriptive manner alongside a prominently displayed 7Up mark, however, latter has now reduced the size of the 7Up branding and elevated 'Fizz' name to a principal position on its packaging. This change by PepsiCo is part of a strategy to move closer to its (Parle Agro’s) own 'Fizz' branding and capitalise on its goodwill and reputation, Parle Agro claimed.
However, PepsiCo senior counsel Dayan Krishnan said the beverages company had not been served it with the suit papers. He contended that 'Fizz' referred to any aerated drink and Parle cannot claim its monopoly over the word.
The HC will hear the case on Monday.
Parle Agro claimed that it had created and adopted the trademark 'Appy Fizz' in 2005, with the mark 'Fizz' as the essential and prominent part of its sparkling apple juice-based drink. The product under the 'Appy Fizz' trademark has gained immense popularity, which led to more products being launched with the mark 'Fizz', such as 'Frooti Fizz', 'Grappo Fizz', 'B-Fizz', among others.
In July, Parle Agro had found that PepsiCo had started using 'Fizz' for its 7Up cold drink's packaging, senior counsel Chander M Lall argued, adding that Pepsi's use of 'Fizz' affects the market for its products as it creates confusion in the market. PepsiCo had replicated the word 'Fizz' in a style and presentation which was identical to the petitioner, he said.
According to Parle Agro, PepsiCo had previously used 'Extra Fizz' in a descriptive manner alongside a prominently displayed 7Up mark, however, latter has now reduced the size of the 7Up branding and elevated 'Fizz' name to a principal position on its packaging. This change by PepsiCo is part of a strategy to move closer to its (Parle Agro’s) own 'Fizz' branding and capitalise on its goodwill and reputation, Parle Agro claimed.
However, PepsiCo senior counsel Dayan Krishnan said the beverages company had not been served it with the suit papers. He contended that 'Fizz' referred to any aerated drink and Parle cannot claim its monopoly over the word.
The HC will hear the case on Monday.
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