Parle Agro sues Walmart India for selling an 'Appy Fizz-like' beverage

The company claims that Walmart India's beverage looks 'deceptively similar' to Appy Fizz in terms of design and packaging.

Parle Agro has sued Walmart India for selling a beverage which it claims is ‘deceptively similar’ to its Appy Fizz product. Walmart India’s beverage is called ‘Fizzy Apple’ and resembles Appy Fizz’s packaging, label graphics, size, font and overall design.

As reported by Economic Times, Parle Agro, advocate Hiren Kamod told the court that - “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”.

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

Abhishek Malhotra, managing partner of TMT Law Practice that is representing Walmart India in this case argued that no company can claim a monopoly on the word ‘Fizzy’ as it’s a common descriptive word. The report also mentioned that Parle Agro has declined to comment since the matter is sub-judice.