Delhi High Court Restrains Parle From Using ‘For The Bold’ Tagline As Predominant Part Of Advertising ‘B Fizz’ Drink In Suit By PepsiCo

Case: PEPSICO INC. & ANR. v. PARLE AGRO PRIVATE LIMITED

Coram: Justice C Hari Shankar

Case No.: CS(COMM) 268/2021

Court Observation: 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 by means of an interlocutory application in the present suit, seeking injunctive reliefs

The “Be The Fizz! For The Bold!” tagline is relegated to the border of the label, with “Be The Fizz!” in the upper half and “For The Bold!” written upside down in the lower half. “For The Bold!”, therefore, is only a part – and a somewhat insignificant one – of the impugned label of Parle. Even if it is treated as part of the “Be The Fizz! For The Bold!” tagline, it nonetheless constitutes only the latter half of the tagline

As used in the above Facebook advertisements, therefore, “For The Bold” constitutes an independent mark, and not merely an insignificant part of a larger label, as on the surface of the “B Fizz” bottle. As an independent mark, it is identical to the registered “For The Bold” word mark of PepsiCo. The two marks being identical, Section 29(2)(c) read with Section 29(3) would apply, and the Court is bound to presume the likelihood of confusion as a result of the use of the “For The Bold” mark by Parle. The use, by Parle, of “For The Bold” as part of its advertising campaign for its “B Fizz” beverage is, therefore, unquestionably infringing in nature

…the impugned label of the “B Fizz!” product of Parle is sufficiently distinct and different from PepsiCo’s pack which uses the “For The Bold” slogan only on its reverse, to militate against any chance of confusion between the two

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Delhi High Court Restrains