The Delhi High Court, on September 18, refused to restrain Parle from using the tagline 'For the bold' on the label of its beverage called “B Fizz.” However, the court did impose certain restrictions on Parle regarding the label and advertising of “B Fizz.”
The court ruled that Parle cannot alter the label on its “B Fizz” beverage bottle or can without prior approval. Additionally, Parle is not allowed to use the tagline “For The Bold” as the predominant part of any advertising campaign for its “B Fizz” beverage. Parle has also been prohibited from airing or continuing Facebook advertisements using this tagline.
Furthermore, the court has directed Parle to set aside its entire earnings from the sales of the “B Fizz” beverage since the time it started using the label.
This decision comes in response to a lawsuit filed by food, snack, and beverage giant PepsiCo, which claimed a valid trademark for the use of 'For the Bold' for its product Doritos, a range of tortilla chips. PepsiCo argued that it launched a global marketing campaign under the tagline “For The Bold,” encouraging consumers to live boldly, seize life's moments, and break away from the norm to experience more.
PepsiCo asserted that they began using the 'For The Bold' tagline for Doritos internationally in 2013 and in India since its introduction in 2015. They claimed that due to extensive and continuous use, 'For The Bold' is strongly associated with PepsiCo’s Doritos tortilla chips.
In response to PepsiCo's claims, Parle argued that the distinctive features of their products are sufficient to prevent any confusion between the two, regardless of the presence of “For The Bold” on Parle's product label. Parle also pointed out that some Doritos packs use taglines such as “FOR MORE BOLD EXPERIENCES,” “SNACK BOLDLY,” “BOLD CRUNCH,” “BOLD FLAVOUR,” and “DO YOU SNACK BOLD,” but not 'For the bold.'
The court concluded that considering these factors, there is no prima facie case or balance of convenience in favor of PepsiCo to warrant an interim order restraining Parle from using the 'For the bold' tagline. The court noted that PepsiCo would not suffer irreparable loss if Parle continued to use the tagline. Therefore, the court declined to issue an interim order in Pepsi's favor.
Parle was represented by Senior Advocate Sudhir Chandra, who was assisted by the law firm Khaitan & Co. Pepsi was represented by Senior Advocate Amarjit Singh Chandhiok, with legal support from the law firm JSA.
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