Beverage and snacks major PepsiCo India moved Delhi High Court earlier this month against Mumbai-based beverages major Parle Agro claiming trademark infringement over the use of the tagline ‘For the Bold’.
In its petition, PepsiCo India has sought to refrain Parle Agro from ‘infringement, passing off, dilution and unfair trade competition and damages’.
This comes as Parle Agro, the maker of Frooti and Appy Fizz launched a new beverage B-Fizz in October 2020 with the tagline ‘For the Bold’.
The tagline ‘For the Bold’ is a registered trademark of PepsiCo globally for its brand Doritos, which is the flagship brand of its food business unit Frito-Lay North America.
PepsiCo India has sought a permanent injunction restraining Parle Agro from using the tagline, which it claims would result in “violation of the statutory and exclusive proprietary rights of the Plaintiff No.1”.
PepsiCo India has also sought Rs 2 crore in damages and an order for delivery of destruction of all products including bottles, cans, packing material, stationery, carry bags, price stickers, visiting cards, billboards, brochures, promotional material, point of sale material, letterheads, cash memos, signboards, signposts, leaflets, cartons or any other items of whatsoever description and nature, bearing the expression/tagline ‘For The Bold’.
On June 3, the Delhi HC, without making any observations on the merits & demerits of submissions by PepsiCo, has asked Parle Agro to file its response within 30 days. The case will be heard again on July 16.
Meanwhile, PepsiCo India declined to comment on the matter. “Given that the issue is sub judice, it would not be appropriate to offer detailed comments,” a PepsiCo India spokesperson said.
PepsiCo has been using the tagline ‘For the Bold’ for Doritos since 2013.
Parle Agro, on the other hand, launched B-Fizz in October 2020 as an addition to its fruits plus fizz based product portfolio. At the time of the launch, the company announced marketing investments of Rs 40 crore for B-Fizz and had roped in Priyanka Chopra Jonas as the national brand ambassador and Telugu actor Jr. NTR as the brand ambassador for southern India.
“Positioned as a drink For the Bold, B-Fizz presents a unique, bold, and invigorating taste profile,” the company said in a statement at the time.
The copy has been updated to reflect that Delhi HC has asked Parle Agro to file its response on Pepsico submission within 30 days. No injunction orders passed as of now.
The earlier copy had said "Delhi HC while granting an ex-parte order of ad-interim injunction," which is incorrect.
First Published: IST