The Delhi High Court is set to hear a case between Parle Agro and PepsiCo over the use of the term “fizz” in their respective products. Parle Agro, the manufacturer of Appy Fizz, has filed a lawsuit against PepsiCo, alleging that the company’s use of the term “fizz” in their product, PepsiCo’s Fizz, constitutes trademark infringement.
Parle Agro claims that they have been using the Appy Fizz brand name since 2005 and have built a significant reputation and goodwill in the market. They argue that PepsiCo’s use of the term “fizz” is an attempt to ride on the coattails of their success and confuse consumers into thinking that the two products are related.
PepsiCo, on the other hand, argues that the term “fizz” is a descriptive term that refers to the carbonation process used in their product. They claim that they have not infringed on Parle Agro’s trademark and that their product is distinct and does not cause any confusion among consumers.
The case is significant as it raises questions about the use of descriptive terms in trademark law. While Parle Agro argues that the term “fizz” has become synonymous with their brand, PepsiCo claims that it is a generic term that can be used by anyone.
The Delhi High Court will have to consider several factors, including the likelihood of confusion among consumers, the distinctiveness of the Appy Fizz brand, and the intent of PepsiCo in using the term “fizz”. The court’s decision will have implications for the use of descriptive terms in trademark law and could set a precedent for future cases.
In recent years, there have been several high-profile trademark disputes in India, including cases involving multinational companies such as PepsiCo and Coca-Cola. The Indian courts have been grappling with the issue of trademark protection and the use of descriptive terms, and this case is likely to add to the ongoing debate.
The outcome of the case is uncertain, and it remains to be seen how the Delhi High Court will rule. However, one thing is clear: the battle over “fizz” is set to be a significant test of trademark law in India, and the decision will have far-reaching implications for companies operating in the country. The case is expected to be closely watched by intellectual property lawyers, companies, and consumers alike, as it will provide clarity on the use of descriptive terms in trademark law.