In a significant development, the Delhi High Court has dismissed PepsiCo’s plea for an injunction in its ongoing trademark dispute against Parle Agro concerning the use of the “For the Bold” tagline for the beverage B Fizz. While the court rejected the injunction, it imposed certain restrictions on Parle Agro’s use of the “Bold” label and the tagline in their advertising campaigns until the case is fully resolved.
The court has prohibited Parle Agro from making any significant alterations to the “Bold” label and has also restrained them from prominently featuring the “Bold” tagline in their advertising efforts until all aspects of the legal dispute have been addressed. Any advertisements featuring the “Bold” label must be promptly removed and discontinued. PepsiCo has been granted the right to approach the court if Parle Agro fails to comply with these restrictions.
The Delhi High Court found Parle Agro’s plea challenging PepsiCo’s trademark to be “tenable” and has scheduled a 40-minute submission and hearing for October, with no room for further adjournment.
This legal battle between PepsiCo and Parle Agro dates back to 2021 when PepsiCo initiated a lawsuit against Parle Agro over their newly launched juice-based beverage, B Fizz, which carries the tagline “Be the Fizz. For the Bold.” The beverage was endorsed by celebrities like Priyanka Chopra and is available in numerous cities and towns across India.
PepsiCo argued that the “For the Bold” tagline is a registered trademark for its globally recognized Doritos nacho chips brand and sought ₹2 crore in compensation for alleged unfair trade practices by Parle Agro.
The case takes on added significance as PepsiCo, renowned for its well-known brands such as Lay’s, Cheetos, Gatorade, Pepsi-Cola, Mountain Dew, and Quaker, reported double-digit organic revenue growth in the first quarter of 2023.
Meanwhile, Parle Agro is embroiled in another trademark dispute involving Intercontinental Great Brands, the owner of the Oreo brand of biscuits. This case pertains to Parle Agro’s vanilla cream-filled chocolate biscuits called Fabio/Fab!o and their alleged resemblance and deceptive similarity to Oreo biscuits.
In February, a single bench of the Delhi High Court issued an interim injunction, prohibiting Parle from selling Fabio Biscuits, asserting that they had infringed on registered trademarks. Parle Agro has challenged this order as well, further highlighting the ongoing legal complexities in the realm of trademarks and branding.
