Trademark clash bubbles up over use of ‘fizz’ in soft drink branding
New Delhi – The Delhi High Court is set to hear a fizzy legal battle on Monday, as Parle Agro, makers of Appy Fizz, take on PepsiCo India, makers of 7Up, over the use of the word ‘fizz’ in soft drink branding.
While ‘fizz’ is a widely used and descriptive term—referring to the bubbles or effervescence in carbonated drinks—courts generally do not grant exclusivity over such words. However, legal experts note that companies may still secure protection over the composite mark or trade dress—including the product’s label design, colour scheme, and bottle shape.
“This case will likely hinge on whether PepsiCo’s branding creates confusion with Parle Agro’s Appy Fizz in the minds of consumers,” said a trademark expert.
This isn’t Parle Agro’s first trademark dispute. In 2020, it approached the Bombay High Court against Walmart, which was selling a drink called Fizzy Apple. The court ruled that while “fizz” couldn’t be trademarked, Walmart’s packaging was too similar, potentially misleading consumers.
The outcome of the current case could help clarify the extent to which companies can claim rights over commonly used descriptive terms in the beverage industry.