PepsiCo v/s Parle: Delhi High Court Dismisses PepsiCo’s Plea In Trademark Dispute With Parle Agro

PepsiCo Inc & Anr v Parle Agro Private Limited [CS(COMM) 268/2021, I.A. 7170/2021 & I.A. 9591/2021] The Delhi High Court has dismissed PepsiCo's plea in trademark dispute with Parle Agro. The single bench of Justice C. Hari Shankar has imposed certain restrictions on Parle Agro. The company is not allowed to modify the label of "Bold", and they are prohibited from prominently featuring the "Bold" tagline in any advertising campaign for their beverage until all aspects of the case have been resolved. Parle shall be restrained, pending disposal of the suit from altering the label on its “B Fizz” beverage bottle/can without prior approval of this Court. Parle shall also stand restrained, pending disposal of the suit, from using the tagline “For The Bold” as the predominant part of any advertising campaign for its “B Fizz” beverage. Specifically, Parle is restrained, forthwith, from airing or continuing the Facebook advertisements extracted in para 13 supra. The said advertisements, if continuing, shall be immediately taken down and discontinued,” the Court said. During the pendency of the suit, Parle has filed IA 9591/2021 under Section 124(1)(a)(ii) of the Trade Marks Act, for grant of leave to Parle to file a rectification petition challenging the registration of PepsiCo’s “For The Bold” trade mark. PepsiCo claimed in its defence that it manufactures the DORITOS brand of tortilla chips and has started a worldwide advertising campaign with the slogan "For The Bold" to inspire DORITOS customers to live bravely by seizing the moment and deviating from the routine of everyday life, to experience more and live more. According to PepsiCo, Parle introduced the B Fizz drink, which has a fruit juice base and a malt flavour, in India in November 2020. The bottle's label reads, "Be The Fizz! For the Bold!" PepsiCo also told the court about Parle's advertising efforts that prominently feature the phrase "For the Bold." The issue raised was whether the registration of the tagline “For The Bold”, as a trade mark in favour of PepsiCo is valid.” “The challenge, by Parle, to the registration of the “For The Bold” trade mark of PepsiCo is found to be tenable. By this, however, it is clarified that the Court only intends to convey that the challenge is arguable and requires consideration. The Court has not expressed any opinion on the merits of the challenge, even tentative,” the court said. The court directed Parle to place on record the entire returns earned by the sales of its “B Fizz” beverage, using the label which contains “For The Bold” from the time the use of the said label commenced, duly certified by a Chartered Accountant. Parle would continue to file, every two months, duly certified figures of returns of sales from its “B Fizz” beverage, during the pendency of the suit. Decision Summary The ruling was delivered by the Division Bench of Telangana High Court comprising Justice P. Sam Koshy and Justice Laxmi Narayana Alishetty. Advocates Amarjit Singh Chandhiok, Manish Jha, Dhruv Nagar, Ms. Avni Sharma appeared for the Plaintiffs while the Defendant was represented by Advocate Sudhir Chandra, Ankur Sangal, Pragya Mishra, Shashwat Rakshit READ ORDER PepsiCo_Inc___Anr_v_Parle_Agro_Private_Limited-1Download

M	T	W	T	F	S	S
				1	2	3
4	5	6	7	8	9	10
11	12	13	14	15	16	17
18	19	20	21	22	23	24
25	26	27	28	29	30	31

PepsiCo v/s Parle: Delhi High Court Dismisses PepsiCo’s Plea In Trademark Dispute With Parle Agro

People Reading Now

JurisHour Team

Angel tax for start-ups: What CBDT has clarified after scrutiny notices

Quashing of GST Summons: Analysis of Assessee’s Agreement and Enquiry Proceedings Outcome (Read Latest Order)

Concept Of Combining Fantasy Sports App With Stock Market Not Unique And Does Not Amount To Copyright Infringement: Delhi High Court

People Reading Now

JurisHour Team

Subscribe to our mailing list to get the new updates!

Law Minister tables women’s reservation bill in Lok Sabha

Supreme Court Allows Tax-credit on dividend exempt under Oman's domestic law

Related Articles

Organize elections in Jammu and Kashmir by September 2024 and expeditiously reestablish statehood: Supreme Court

Scrapping special status (Article 370) of Jammu and Kashmir valid: Supreme Court

Assessee’s Win: Five Significant Income Tax Decisions | Recent High Court Cases

Income Tax Act’s Sections 194IB and 194IC

Angel tax for start-ups: What CBDT has clarified after scrutiny notices

Quashing of GST Summons: Analysis of Assessee’s Agreement and Enquiry Proceedings Outcome (Read Latest Order)

Concept Of Combining Fantasy Sports App With Stock Market Not Unique And Does Not Amount To Copyright Infringement: Delhi High Court