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Parle Agro takes Walmart India to court for trademark infringement

This is a rare instance of a domestic company suing an MNC for trademark violation. The Bombay HC has granted Parle Agro interim relief till the next hearing on August 20

August 08, 2020 / 12:42 PM IST
Image: Instagram/feelthefizz

Image: Instagram/feelthefizz

Parle Agro has pursued legal action against Walmart India for ‘deceptively’ packaging and selling an apple-flavoured drink, similar to its trademarked Appy Fizz. This is a rare instance of a domestic company suing a multi-national company for trademark violation.

The case is being heard by the Bombay High Court Justice BP Colabawalla who, in an interim order, has directed Walmart India to stop retailing the product in question till further order, The Economic Times reported.

Walmart’s drink is called ‘Fizzy Apple’. Parle Agro, in its petition, alleged that the retailer was “manufacturing, marketing, selling and promoting” the product “using identical font, style and colour scheme” as Parle’s Appy Fizz.

Representing Parle Agro, advocate Hiren Kamod told the court the “mark, shape, colour scheme and label … the entire trade dress of the defendants impugned product is identical to the plaintiff’s product.” He added that these attempts show that it was “obvious” Walmart is trying to “sail as close to the wind as possible”.

To support its allegations, Parle said it dominates the sparkling apple juice segment with over 90 percent market share, since Appy Fizz was launched in 2005. Kamod stated that the defendants are thus “seeking to ride the reputation and goodwill” generated by Parle’s product to make “wrongful gains.”

On Walmart India’s part, advocate Abhishek Malhotra from TMT Law Practise told the court that ‘Fizzy’ was a common descriptive word which no one can claim monopoly over.

The interim order from Justice Collabawala came on July 9. The next hearing is on August 20.

Parle, Kamod and Malhotra refused to comment citing subjudice case, while Walmart did not respond to queries, the report said.

Moneycontrol News
first published: Aug 8, 2020 12:42 pm

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