January 17, 2021

Parle Agro locks horns with Walmart India within the Bombay HC over its product Appy Fizz

In a uncommon incidence of an area firm taking motion in opposition to a multinational for alleged trademark violation, Parle Agro has moved the Bombay Excessive Court docket in opposition to Walmart India for promoting an apple drink with ‘deceptively comparable mark’ as its Appy Fizz. In an interim order, the court docket has restrained Walmart from promoting any product allegedly much like the petitioner’s product till additional order. The nation’s largest homegrown beverage agency has alleged that the Indian unit of the world’s largest retailer was manufacturing, advertising, promoting and selling an apple drink, ‘Fizzy Apple’, utilizing similar font, model and color scheme as these Parle Agro makes use of for Appy Fizz.

“The mark, form of the bottle, color scheme, label, rise up, structure and all the commerce gown of the defendants impugned product is similar to the plaintiff’s product.,” advocate Hiren Kamod, representing Parle Agro, instructed the court docket. “It’s apparent that the defendants are attempting to sail as near the wind as potential and have made all potential makes an attempt to come back as shut as potential to Appy Fizz’.” Bombay Excessive Court docket Justice BP Collabawala granted an interim aid to Parle Agro on July 9. He’ll subsequent hear the matter on August 20.

Launched in 2005, Appy Fizz was the nation’s first glowing apple juice drink and dominates the phase with greater than 90% market share. Bollywood begin Salman Khan is the model ambassador for the model. “The defendants are in search of to journey on the fame and goodwill generated by the plaintiff in its ‘Appy Fizz’ product and the intensive promotion and commercial of the identical undertaken by the plaintiff and are in search of to make wrongful positive factors,” Kamod instructed the court docket.

Abhishek Malhotra, managing associate of legislation agency TMT Regulation Follow, representing Walmart India, argued that the phrase ‘Fizzy’ is a typical descriptive phrase and nobody can declare a monopoly on the identical. Parle Agro declined to remark because the matter is sub judice. E-mail queries to Walmart India remained unanswered as of press time Friday. When contacted, Kamod and Malhotra declined to remark because the matter is sub judice.