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Informist, Monday, Aug. 18, 2025

 

NEW DELHI – The Delhi High Court on Monday issued a notice to PepsiCo India Holdings Pvt. Ltd. on Parle Agro Pvt. Ltd.'s permanent injunction suit filed against the former's usage of 'Fizz' in the packaging of its 7Up cold drinks, alleging that it was similar to the petitioner's registered trademark 'Appy Fizz'. The high court placed the matter for hearing on Sept. 4. 

 

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 the launch of similar products 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 packaging of its 7Up cold drink. PepsiCo had replicated the word 'Fizz' in a style and presentation that 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, it said. 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. The counsel for PepsiCo said the 

'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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