Parle Agro Takes PepsiCo to Court Over Use of ‘Fizz’ on 7Up Packaging

Fast Summary

• Parle agro has approached the Delhi High Court to restrain pepsico India Holdings from using the word “Fizz” on its 7Up packaging.
• Parle claims “Fizz” is a core element of its registered trademark “Appy Fizz,” which it established in 2005. Products under this trademark, including Appy Fizz, Frooti Fizz, Grappo Fizz, adn B-Fizz have gained notable market recognition.
• In July, Parle noticed PepsiCo’s revamped use of “Fizz,” prominently displayed on 7Up packaging. Parle alleges this creates confusion among consumers and undermines its brand identity by leveraging goodwill associated with its branding.
• PepsiCo previously used “Extra Fizz” descriptively alongside the larger branding for 7Up but has now allegedly promoted “Fizz” as a standalone feature.
• PepsiCo’s counsel argues that “Fizz” is generic for aerated drinks and cannot be monopolized by any entity.
• The Delhi High Court will hear the case on Monday.

Indian Opinion analysis

The dispute raises critical questions about intellectual property rights concerning common descriptive terms like “Fizz.” While Parle Agro emphasizes the distinctiveness of how it integrated “Fizz” into its product branding as 2005,claiming consumer association with their offerings,PepsiCo counters that such a term describes any carbonated drink generically and should remain open to broader usage in industry contexts. This legal battle could not only impact marketing strategies for both companies but also set precedents within India’s fast-evolving FMCG sector regarding trademark disputes over widely recognized yet generic terms.

If ruled in favor of Parle Agro’s claim, companies may face stricter boundaries when adopting creative elements that resemble established trademarks closely tied to specific brands’ reputation. On the other hand, if PepsiCo prevails by highlighting descriptiveness principles historically upheld in intellectual property laws internationally and locally-this may allow freer competition across product categories sharing similar market language while preserving consumer choice clarity overall.

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