Parle Agro Limited has filed a trademark infringement suit in the Delhi High Court against PepsiCo, seeking to restrain the beverage giant from using the word “Fizz” in relation to its 7up drink. [Parle Agro v. Pepsico]
The matter came up before Justice Tejas Karia and is next listed for hearing on Monday, August 18.
Parle Agro alleged that PepsiCo has adopted "Fizz” as a trademark in a manner identical to its own, amounting to infringement and passing off.
According to Parle, it introduced the Appy Fizz brand in 2005 for a sparkling apple juice-based drink, with “Fizz” forming a prominent and essential part of the mark. The company has asserted that it holds both statutory registrations and common law rights in the “Fizz” mark and associated trade dress.
Parle discovered in late July 2025 that PepsiCo had begun using “Fizz” prominently as a trademark on its packaging. The company alleges that PepsiCo has replicated the word “Fizz” in a style and presentation identical to its own.
It is further claimed that while PepsiCo previously used “Extra Fizz” in a descriptive manner alongside a prominently displayed 7up mark, it has now reduced the size of the 7up branding and elevated “Fizz” to a principal position on its packaging. Parle contends that this change is part of a strategy to move closer to its own “Fizz” branding and capitalise on its goodwill and reputation.
During the brief hearing today, Senior Advocate Chander M Lall contended that Pepsi's use of 'Fizz' affects the market for its products as it creates confusion in the mind of the consumer. He sought urgent orders against Pepsi in the interest of its soft drink market.
Senior Advocate Dayan Krishnan appeared for Pepsico and contended that they had not been served the papers for the suit. He further argued that "Fizz" referred to any aerated drink and that Parle cannot claim monopoly over the word.
Lall was briefed by a team from Khaitan & Co comprising Advocates Ankur Sangal, Ankit Arvind, Shashwat Rakshit and Nidhi.
Krishnan was briefed by a team from JSA comprising Advocates Dheeraj Nair and Angad Bakshi.
Pepsi had earlier sued Parle asking the Court to restrain it from using the tagline 'For The Bold' as part of the label on its B Fizz bottles and cans. However, the Court refused to pass any such order.