India - Delhi High Court Holds Parle’s Challenge Against PepsiCo’s ‘For The Bold!’ Mark Prima Facie Tenable.

October 25, 2023 by Rohin Pujari

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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Manisha Singh – Lex Orbis

Manisha Singh, founder and managing partner of LexOrbis, is a highly reputed lawyer with more than 23 years of experience. Known for her astute understanding of IP laws and litigation nuances, Manisha provides practical and business-oriented solutions to a vast number of clients including many Fortune 500 companies, globally renowned universities, and public sector research organizations.

She has been instrumental in developing global portfolios of patents, designs and trademarks for many Indian companies and research institutions. She passionately pursues endeavors to strengthen India’s IP protection and enforcement system to align it with international standards and work closely with the industry associations and the government. She is a member of IPR committees of CII, FICCI and ASSOCHAM.

She was elected as the Vice-President of India Group of Asian Patent Attorney Association in 2019. Manisha is also the Standing Counsel for the Reserve Bank of India at the Delhi High Court and is known for her deep understanding of corporate, banking, and financial services laws. Manisha is a prolific writer and has contributed chapters in Indian IP laws to many leading publications including Mondaq, IP Media Group, Vantage Asia, Managing IP, Asia IP, CTC Media to name a few. She is consistently recognized for her contribution to the IP field by world-renowned organizations.