Parle Agro Limited has filed a trademark infringement and passing-off lawsuit against beverage giant PepsiCo in the Delhi High Court, alleging unlawful use of the word “Fizz” in relation to its 7up soft drink branding. The matter was heard by Justice Tejas Karia and is scheduled for the next hearing on Monday, August 18.
Parle Agro, known for its flagship Appy Fizz brand launched in 2005, claims that “Fizz” is a prominent and integral part of its trademark. The company asserts that it holds statutory registrations as well as common law rights over the ‘Fizz’ brand name and trade dress.
According to the lawsuit, Parle Agro discovered in late July 2025 that PepsiCo had started using “Fizz” in a prominent and trademark-like manner on 7up packaging. The company alleges that PepsiCo replicated the style, font, and presentation of “Fizz” similar to that of Appy Fizz, potentially misleading consumers.
Previously, PepsiCo had used the term “Extra Fizz” only as a descriptive phrase alongside its main 7up branding. However, Parle Agro claims the 7up logo has now been reduced in size, while “Fizz” has been elevated to a primary position — a move it alleges is intended to leverage the goodwill of the Appy Fizz brand.
Senior Advocate Chander M Lall, representing Parle Agro, argued that PepsiCo’s use of “Fizz” could cause consumer confusion and harm its market share in the competitive soft drink segment. Lall was briefed by a Khaitan & Co legal team comprising Advocates Ankur Sangal, Ankit Arvind, Shashwat Rakshit, and Nidhi.
On the other side, Senior Advocate Dayan Krishnan, appearing for PepsiCo, maintained that “Fizz” is a generic term for carbonated beverages and cannot be monopolised by a single company. Krishnan was briefed by a JSA team of Advocates Dheeraj Nair and Angad Bakshi.
Notably, PepsiCo had previously approached the Delhi High Court to restrain Parle Agro from using the tagline “For The Bold” on its B Fizz bottles and cans. However, the court refused to grant any such relief.
The case will be closely watched as it could set a precedent in India’s beverage industry trademark disputes.
With inputs from Bar and Bench
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