Delhi High Court holds Parle’s challenge against PepsiCo’s ‘For The Bold!’ mark prima facie tenable

On September 18, 2023, in the case of PepsiCo. Inc. and Anr. v. Parle, a Single Judge Bench of the Delhi High Court, in a suit for permanent injunction filed by PepsiCo Inc., rejected the plea to restrain Parle from using the tagline “For The Bold!” as part of the label on its B FIZZ beverages. However, the Court restrained Parle temporarily from using the tagline For The Bold! as a predominant part of any advertising campaign for its B FIZZ products. During the pendency of this suit, the defendant Parle filed an application under Section 124 (1) (a) (ii) of the Trade Marks Act, for a grant of leave to file a rectification petition challenging PepsiCo’s registration for its “For The Bold!” trade mark as well, which was a primary matter of consideration in the present case.

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