NEW DELHI: The Delhi high court has rejected PepsiCo’s plea seeking to restrain Parle Agro from using the tagline “For The Bold” as part of the label on its B Fizz bottles. PepsiCo had argued that it holds a valid and subsisting trade mark registration for the tagline.
In its submission, the US company said it started using the tagline in relation to Doritos tortilla chips produced by it in 2013 internationally and in India since 2015 – when Doritos was introduced in the country – and added that since then, the tagline is “inalienably identified” with the product. PepsiCo and ParleAgro declined to comment.
Parle, on its part, has argued that the registration of the tagline as a trade mark in PepsiCo’s favour is illegal as the tagline is merely descriptive in nature and does not denote the trade origin of the goods. The court in its interim order has, however, directed Parle to not alter the label on its B Fizz bottles without its prior approval. Besides, the company has also been restrained from using the tagline as the predominant part of any advertising campaign for its B Fizz beverage.
“In the event of any fresh advertising campaign or advertisement by Parle, which uses For The Bold as its dominant/predominant part, PepsiCo would be entitled to move this court…,” the order said.
In its submission, the US company said it started using the tagline in relation to Doritos tortilla chips produced by it in 2013 internationally and in India since 2015 – when Doritos was introduced in the country – and added that since then, the tagline is “inalienably identified” with the product. PepsiCo and ParleAgro declined to comment.
Parle, on its part, has argued that the registration of the tagline as a trade mark in PepsiCo’s favour is illegal as the tagline is merely descriptive in nature and does not denote the trade origin of the goods. The court in its interim order has, however, directed Parle to not alter the label on its B Fizz bottles without its prior approval. Besides, the company has also been restrained from using the tagline as the predominant part of any advertising campaign for its B Fizz beverage.
“In the event of any fresh advertising campaign or advertisement by Parle, which uses For The Bold as its dominant/predominant part, PepsiCo would be entitled to move this court…,” the order said.