PepsiCo defends ‘Fizz’ use as Delhi HC seeks response in trademark dispute

INDIA – PepsiCo India has defended its use of the word “Fizz” on 7Up packaging, arguing that the term is generic to the soft drinks category and cannot be monopolized by a single company.

The U.S. beverages major made the argument after the Delhi High Court on Monday sought its response to a plea filed by rival Parle Agro, which is seeking to restrain PepsiCo from using the term.

PepsiCo maintains that “Fizz” is commonly understood as a descriptive reference to carbonation in beverages, not a proprietary brand identifier.

“No one company can claim exclusive rights over such a term,” the company has argued in its defence, pushing back against Parle Agro’s complaint.

Parle Agro, however, alleges that PepsiCo’s packaging redesign gives undue prominence to “Fizz,” creating a likelihood of consumer confusion.

The Mumbai-based beverage company launched its flagship Appy Fizz in 2005 and has since extended the “Fizz” label across products including Frooti Fizz, Grappo Fizz, and B-Fizz.

It contends that the branding shift on 7Up amounts to free-riding on the distinct identity it has built around the term.

According to Parle Agro’s petition, PepsiCo’s earlier use of the phrase “Extra Fizz” was clearly descriptive, with the 7Up brand taking precedence on the label.

The newer packaging, however, allegedly mimics Parle Agro’s branding style, diluting the equity of its products.

The dispute goes beyond a single label to highlight a broader branding battle in India’s competitive non-alcoholic beverages market.

With soft drinks competing fiercely for consumer loyalty, words, visuals, and brand associations have become critical tools for differentiation.

Parle Agro has positioned “Fizz” as shorthand for its sparkling drink line, supported by aggressive celebrity endorsements and lifestyle-led campaigns.

Legal experts note that the case raises important questions about how Indian courts interpret trademark protections for terms that straddle the line between being descriptive and distinctive.

A ruling in Parle Agro’s favor could strengthen brand owners’ ability to claim exclusivity over common industry terms, while a win for PepsiCo could reaffirm limits on how far companies can stretch trademark protection.

As the legal battle unfolds, the case is being closely watched by marketers, lawyers, and industry rivals alike, with the September 4 hearing expected to provide the next chapter in this high-stakes tussle over India’s fizzy drinks market.

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