Beverage maker Parle Agro has moved the Delhi High Court seeking to restrain rival PepsiCo India from using the word ‘Fizz’ on the packaging of its lemon-flavored drink 7Up, alleging trademark infringement and market confusion.
Parle Agro argued that ‘Fizz’ is the “essential and prominent part” of its popular trademark ‘Appy Fizz’, first launched in 2005, which has since expanded into variants such as ‘Frooti Fizz’, ‘Grappo Fizz’, and ‘B-Fizz’. The company claims its long-standing use of the word has created strong brand recognition and goodwill, which PepsiCo is now attempting to exploit.
Senior counsel Chander M Lall, appearing for Parle Agro, told the court that PepsiCo had earlier used ‘Extra Fizz’ in a descriptive sense while keeping the 7Up branding prominent. However, its latest packaging design reduces the visibility of the 7Up logo and elevates the word ‘Fizz’ as the primary identifier, allegedly mimicking Parle Agro’s trade dress and confusing consumers.
PepsiCo, represented by senior counsel Dayan Krishnan, countered that the company had not yet been served with suit papers. He argued that ‘Fizz’ is a generic term for carbonated beverages and cannot be monopolized by any single company.