Delhi HC hears Parle Agro vs PepsiCo in India’s ‘Fizz’ trademark battle
Delhi HC seeks PepsiCo’s reply after Parle Agro alleges 7Up’s ‘Fizz’ branding copies Appy Fizz, sparking a high-stakes trademark battle.
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The Delhi High Court on Monday sought a response from PepsiCo India Holdings on why it should not be restrained from using the word “Fizz” on its 7Up packaging, following a plea by Parle Agro.
The case will be heard next on September 4.
Parle Agro, the Mumbai-based beverage company, has alleged that PepsiCo’s use of “Fizz” infringes upon its trademark rights linked to the popular Appy Fizz brand, first launched in 2005. Over the years, Parle Agro expanded its portfolio with Frooti Fizz, Grappo Fizz and B-Fizz, positioning Fizz as a distinctive marker of its sparkling drink line.
The company argues that PepsiCo’s packaging shift, where “Fizz” takes visual prominence over the 7Up branding, is a deliberate attempt to cash in on its goodwill.
According to Parle Agro, PepsiCo initially used the phrase “Extra Fizz” descriptively, with 7Up clearly dominating the packaging. The more recent design, however, allegedly mirrors Parle Agro’s branding style, creating consumer confusion and diluting the identity of its products.
PepsiCo, in its defence, maintains that “Fizz” is a generic term for carbonation in soft drinks and cannot be monopolised by a single company. The U.S. beverages giant contends that descriptive words commonly associated with product categories cannot form the basis of exclusive rights.
Beyond the legal wrangling, the case underscores a larger branding battle within India’s competitive beverages market. Parle Agro has built cultural equity around “Fizz”, making it shorthand for its flagship drink. PepsiCo’s counterargument highlights the tension between protecting brand identity and keeping everyday language free from private ownership.
