Delhi HC restrains Parle from using 'For The Bold' tagline in ads of B Fizz

The Delhi High Court has passed an interim order in the Parle vs. PepsiCo Case which restrains Parle from using the tagline ‘For The Bold’ for the advertising campaigns of its B Fizz beverage along with discontinuing all Facebook ads, if running, immediately.

The multinational food, snack and beverage major, PepsiCo, had claimed that it had already used the tagline, ‘For The Bold’ in its global marketing campaign for Doritos wherein it encourages consumers to live boldly by seizing the moments in life and breaking free from the norm of everyday life and to experience more and live more.

In this case, the Delhi HC directed that Parle shall be restrained, pending disposal of the suit from altering the label on its B Fizz beverage bottle and can without prior approval of the court as well as from using the tagline ‘For The Bold’ as the predominant part of the product’s advertising campaigns.

As per PepsiCo, Parle had launched the malt-flavoured fruit juice-based drink in India in November 2020 and used the tagline ‘Be The Fizz! For the Bold!’ on the B Fizz bottle, followed by the rollout of ad campaigns wherein it used the tagline prominently.

“Specifically, Parle is restrained, forthwith, from airing or continuing the Facebook advertisements extracted in para 13 supra. The said advertisements, if continuing, shall be immediately taken down and discontinued,” the Court added.

However, Justice C Hari Shankar, who passed the interim order in the trademark infringement suit filed by PepsiCo, also emphasised that the court is not inclined too injunct Parle from using the tagline, ‘For The Bold’ as part of the product’s label.

“Parle is directed to place on record the entire returns earned by the sales of its ‘B Fizz’ beverage, using the label which contains ‘For The Bold’ from the time the use of the said label commenced, duly certified by a Chartered Accountant. Parle would continue to file, every two months, duly certified figures of returns of sales from its ‘B Fizz’ beverage, during the pendency of the suit,” the Court mentioned further.

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