The Delhi High Court has requested a response from PepsiCo India Holdings regarding a plea by Parle Agro to restrain the use of the word “Fizz” on 7Up packaging. Parle Agro, a Mumbai-based beverage company, alleges that PepsiCo’s use of “Fizz” infringes upon its trademark rights, particularly with its Appy Fizz brand, launched in 2005. Over the years, Parle Agro has expanded its portfolio with various “Fizz” products, such as Frooti Fizz, Grappo Fizz, and B-Fizz, establishing “Fizz” as a distinctive marker for its sparkling drinks.
Parle Agro argues that PepsiCo’s recent packaging design, which gives prominent visual display to “Fizz” over the 7Up branding, is an attempt to capitalize on its goodwill and create consumer confusion. The company claims that PepsiCo initially used the phrase “Extra Fizz” descriptively, with 7Up dominating the packaging, but the new design allegedly mirrors Parle Agro’s branding style, diluting the identity of its products.
PepsiCo, however, defends its use of “Fizz” as a generic term for carbonation in soft drinks, claiming that it cannot be monopolized by a single company. The US beverages giant argues that descriptive words associated with product categories cannot form the basis of exclusive rights. The case highlights a larger branding battle in India’s competitive beverages market, where Parle Agro has built cultural equity around “Fizz” and PepsiCo’s counterargument raises questions about protecting brand identity while keeping everyday language free from private ownership. The court will hear the case next on September 4.