Trademark Battle: Parle Agro Accuses PepsiCo of Copying ‘Fizz’ Label Style
Parle Agro has filed a trademark infringement case against PepsiCo in the Delhi High Court, seeking to stop the beverage giant from using the word ‘Fizz’ on 7up packaging.
The matter came up before Justice Tejas Karia on Tuesday and will be heard further on 18 August.
Parle Agro stated that it introduced Appy Fizz in 2005 as a sparkling apple juice drink, with ‘Fizz’ being a major part of its brand identity. The company says it owns statutory registrations and common law rights over the word as well as its overall packaging style.
According to the suit, PepsiCo earlier used the phrase ‘Extra Fizz’ only in a descriptive way alongside the 7up branding. However, Parle Agro alleges that PepsiCo has now made ‘Fizz’ the most prominent element on the label, while reducing the size of the 7up name — in a style they claim is identical to their own.
Senior Advocate Chander M Lall, representing Parle Agro, argued that PepsiCo’s use of ‘Fizz’ could mislead customers and affect Parle Agro’s market share.
PepsiCo’s counsel, Senior Advocate Dayan Krishnan, countered that ‘Fizz’ is a generic term used for any carbonated drink, and that Parle Agro cannot claim exclusive rights over it.
This is not the first clash between the two companies. Earlier, PepsiCo had tried to restrain Parle Agro from using the tagline ‘For The Bold’ for its B Fizz drink, but the Court had rejected that request.
