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Informist, Wednesday, Aug. 13, 2025

 

NEW DELHI – Parle Agro Pvt. Ltd. on Wednesday filed a permanent injunction suit in the Delhi High Court against PepsiCo India Holdings Pvt. Ltd. for using 'Fizz' in the packaging of the latter's 7Up cold drink, alleging that it was similar to its registered trademark 'Appy Fizz'. The high court will hear the suit on Monday.

 

Parle Agro said it had created and adopted the trademark 'Appy Fizz' in 2005, with the mark 'Fizz' as the essential and prominent part of its sparkling apple juice-based drink. The product under the 'Appy Fizz' trademark has gained immense popularity, which led to more products being launched with the mark 'Fizz', such as 'Frooti Fizz', 'Grappo Fizz', 'B-Fizz', among others. 

 

In July, Parle Agro discovered that PepsiCo had started using 'Fizz' on the latter's 7Up cold drink's packaging. PepsiCo had replicated the word 'Fizz' in a style and presentation which was identical to the petitioner, said Parle Agro.

 

According to the petitioner, PepsiCo had previously used 'Extra Fizz' in a descriptive manner alongside a prominently displayed 7Up mark, however, the respondent has now reduced the size of the 7Up branding and elevated 'Fizz' name to a principal position on its packaging. This change by PepsiCo is part of a strategy to move closer to the plaintiff's own 'Fizz' branding and capitalise on the goodwill and reputation of the petitioner, said Parle Agro.

 

PepsiCo's use of 'Fizz' affects the market for Parle Agro's products as it creates confusion in the mind of the consumer, said the petitioner. Parle Agro approached the court to pass urgent orders against PepsiCo in the interest of its soft drink market. However, the counsel for PepsiCo said the beverages company had not been served with the papers for the suit and argued that 'Fizz' referred to any aerated drink and Parle cannot claim its monopoly over the word.  End

 

Reported by Surya Tripathi

Edited by Tanima Banerjee

 

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