On Wednesday Parle Agro moved Delhi’s High Court trying to hold Pepsico India Holdings from the use of “Fizz” in the packaging of his cold 7up drink. He said that the word “Fizz” was similar to his registered trademark “Appy Fizz”.Parle Agro said he had created and adopted the “Appy Fizz” brand in 2005, with the “Fizz” brand as an essential and important part of his drink based on sparkling apple juice. The product under the “Appy Fizz” brand has gained enormous popularity, which led to being launched more products with the “Fizz” brand, such as “Frooti Fizz”, “Bulp Fizz”, “B-Fizz”, among others.
In July, Parle Agro had discovered that Pepsico had started using “Fizz” for his package from Drink to Cold Drink 7up, supported the Senior Chander M Lall consultant, adding that the use of “Fizz” by Pepsi hits the market for its products as it creates confusion in the market. Pepsico Had Replicated The Word ‘Fizz’ in A Style and Presentation Which Was Identical to the Petitioner, he Said.According to Parle Agro, Pepsico had previously used an “extra -extra” fizz “together with a 7up sign shown prominently, however, the latter has now reduced the size of the 7up brand and the name of” Frizz “high to a main position on its packaging. This change by Pepsico is part of a strategy to approach his “Fizz” brand (of Parle Agro) and capitalize on his good will and reputation, said Agro.
However, the Senior councilor of Pepsico Dayan Krishnan said that the beverage company had not been served with the documents of the suit. He claimed that “Fizz” referred to any aerated drink and speaks cannot claim his monopoly on the word.The HC will listen to the case on Monday.
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