On Monday, the Delhi High Court issued a temporary order prohibiting the Indian food processing company Parle from featuring the tagline "For the Bold" prominently in any of its advertising campaigns for its B Fizz beverage.

Following a trademark infringement lawsuit filed by PepsiCo, Justice C Hari Shankar issued directives. The Court mandated Parle to cease its Facebook advertisements, which had been identified by PepsiCo, and instructed them to promptly remove those advertisements. However, he declined to issue any orders prohibiting Parle from continuing to utilize the tagline "For the Bold" as a component of the label on its "B Fizz" bottle or can.

In its plea, PepsiCo had explained that it manufactures the DORITOS range of tortilla chips and had initiated a worldwide marketing campaign using the tagline "For the Bold." The campaign aimed to inspire DORITOS consumers to live boldly by embracing life's moments and deviating from the routine of everyday life, in order to savour more experiences and live a fuller life.

PepsiCo alleged that in November 2020, Parle introduced a malt-flavoured fruit juice-based beverage in India called B Fizz and featured the branding "Be the Fizz! For the Bold!" on the bottle. Additionally, PepsiCo informed the Court about Parle's advertising campaigns, which prominently featured the tagline "For the Bold."

Parle, in response, submitted an application challenging the registration of the "For the Bold" trademark in favour of PepsiCo. The Court reviewed the case and determined that Parle's application had merit. Additionally, the Court framed the key issue at hand: "Is the registration of the tagline 'For the Bold' as a trademark in favour of PepsiCo valid?"

Regarding PepsiCo's request for an injunction to prevent Parle from using the "For the Bold" tagline, the Court expressed its disinclination to prohibit the use of the mark as a part of the B Fizz bottle's label. However, the Court did express the view that the way Parle employs the mark in its Facebook advertising campaign should be subject to an injunction.

Consequently, the Court issued an injunction order specifically related to Parle's advertising campaigns.

“Parle is directed to place on record the entire returns earned by the sales of its “B Fizz” beverage, using the label which contains “For the Bold” from the time the use of the said label commenced, duly certified by a Chartered Accountant. Parle would continue to file, every two months, duly certified figures of returns of sales from its “B Fizz” beverage, during the pendency of the suit,” the court had stated.

The Court is scheduled to address the matter and render a decision on September 25 when it will consider Parle's plea during the hearing.

Case: PepsiCo Inc & Anr v Parle Agro Private Limited CS(COMM) 268/2021, I.A. 7170/2021 & I.A. 9591/2021