Parle Agro has approached the Delhi High Court seeking to restrain PepsiCo India Holdings from using the word ‘Fizz’ on the packaging of its 7Up cold drink, alleging infringement of its trademark rights over ‘Appy Fizz’.
Parle Agro claims it created and adopted the ‘Appy Fizz’ trademark in 2005, with ‘Fizz’ being the key and distinctive element. Over the years, the company expanded its product range to include ‘Frooti Fizz’, ‘Grappo Fizz’, and ‘B-Fizz’. According to senior counsel Chander M Lall, PepsiCo recently began highlighting ‘Fizz’ on 7Up packaging in a manner nearly identical to Parle’s style, reducing the prominence of the 7Up logo and giving ‘Fizz’ a principal position.
Parle Agro alleges this move is intended to cash in on its goodwill and create market confusion. It notes that PepsiCo previously used ‘Extra Fizz’ in a purely descriptive way, alongside a prominent 7Up mark, but has now altered its branding strategy to mimic Parle’s.
PepsiCo’s counsel, Dayan Krishnan, argued that the company has not been served with the suit papers and contended that ‘Fizz’ is a generic term used for any aerated drink, meaning Parle cannot claim monopoly over it.
The Delhi High Court will hear the matter on Monday.
