Parle Agro Seeks to Stop PepsiCo from Using 'Fizz' on 7Up Packaging in Delhi HC

Parle Agro has moved the Delhi High Court to stop PepsiCo from using 'Fizz' on 7Up packaging, alleging similarity to its registered trademark 'Appy Fizz'. Parle Agro claims it created and adopted 'Fizz' in 2005 and its products have gained immense popularity. PepsiCo argues it has not been served with the suit papers and 'Fizz' refers to any aerated drink. The HC will hear the case on Monday.

In a significant move in the beverage industry, Parle Agro has approached the Delhi High Court to seek an injunction against PepsiCo's use of the term 'Fizz' on its 7Up packaging. Parle Agro alleges that the prominent use of 'Fizz' on 7Up packaging closely resembles their own trademarked 'Appy Fizz', which they claim was adopted in 2005 [1].

The suit, filed by Parle Agro, argues that PepsiCo's recent packaging strategy minimizes 7Up's branding while prominently highlighting 'Fizz', creating confusion among consumers. Parle Agro contends that this usage infringes on their trademark rights. The matter is scheduled for further hearing on August 18 [1].

PepsiCo, represented by Senior Advocate Dayan Krishnan, has argued that 'Fizz' is a generic term commonly used for aerated beverages and that Parle Agro cannot claim exclusive rights over it. The Delhi High Court will hear the case on Monday, providing an opportunity for both parties to present their arguments [1].

This legal dispute follows an earlier case where PepsiCo attempted to restrain Parle Agro from using the tagline "For The Bold" for its B Fizz products, a request that was ultimately declined by the Delhi High Court [1].

The outcome of this case could have significant implications for the beverage industry, particularly regarding the use of generic terms in branding and the protection of trademark rights. As the case progresses, investors and financial professionals will be closely monitoring the developments, as they may impact market perceptions and strategic decisions of both companies.

References:
[1] https://www.storyboard18.com/brand-marketing/parle-agro-takes-pepsico-to-delhi-hc-over-use-of-fizz-on-7up-label-78817.htm