Parle Agro sues PepsiCo over use of ‘Fizz’ on 7up packaging

New Delhi: Parle Agro has taken PepsiCo to the Delhi High Court over alleged trademark infringement, seeking to prevent the beverage company from using the word “Fizz” on its 7up drink, according to a Bar and Bench report.

The matter, heard by Justice Tejas Karia on Tuesday, is listed for further hearing on 18 August.

Parle Agro claims it launched Appy Fizz in 2005 as a sparkling apple juice-based drink, with “Fizz” forming a “prominent and essential” part of its branding. It says the company holds statutory registrations and common law rights over the mark and associated trade dress.

According to the suit, PepsiCo previously used “Extra Fizz” in a descriptive manner alongside the 7up brand. However, Parle alleges the 7up branding has now been reduced in size and “Fizz” elevated to a primary position on packaging, in a style “identical” to its own.

Senior Advocate Chander M Lall, appearing for Parle Agro, argued that Pepsi’s use of “Fizz” “affects the market for its products as it creates confusion in the mind of the consumer.”

Representing PepsiCo, Senior Advocate Dayan Krishnan contended that “Fizz” is a generic reference for any aerated drink and “Parle cannot claim monopoly over the word.”

The case follows an earlier dispute where PepsiCo sought to restrain Parle from using the tagline “For The Bold” on its B Fizz products, a request the Court declined.