Delhi HC seeks response from PepsiCo India over ‘Fizz’ trademark use in 7Up packaging

The Delhi High Court on Monday sought response from Food and beverage major PepsiCo India Holdings as to why it should not be restrained from using word ‘Fizz’ in the packaging of its 7Up cold drink, as sought by Parle Agro.

Mumbai-based food and beverage firm Parle Agro had moved the HC last week alleging that the word ‘Fizz’ used by Pepsico was similar to its registered trademark ‘Appy Fizz’.

The HC will hear the case next on September 4.

Parle Agro claimed that it had created and adopted the trademark ‘Appy Fizz’ in 2005, with the mark ‘Fizz’ as an essential and prominent part of its sparkling apple juice-based drink. The product under the ‘Appy Fizz’ trademark gained immense popularity, it said, leading to more products being launched with the mark ‘Fizz’, such as ‘Frooti Fizz’, ‘Grappo Fizz’ and ‘B-Fizz’.

In July, Parle Agro found that PepsiCo had started using ‘Fizz’ for its 7Up cold drink’s packaging It said that Pepsi’s use of ‘Fizz’ affected the market for Parle Agro’s products as it created confusion in the market. PepsiCo had replicated the word ‘Fizz’ in a style and presentation which was identical to that of the petitioner, the Mumbai-based firm alleged.

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According to Parle Agro, the US-headquartered PepsiCo had previously used ‘Extra Fizz’ in a descriptive manner alongside a prominently displayed 7Up mark, but later reduced the size of the 7Up branding and elevated ‘Fizz’ name to a principal position on its packaging. This change by PepsiCo was part of a strategy to move closer to Parle Agro’s ‘Fizz’ branding and capitalise on its goodwill and reputation, Parle Agro claimed.However, PepsiCo had last week told the court that ‘Fizz’ referred to any aerated drink and the beverages firm cannot claim its monopoly over the word.

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