Parle Agro Moves Court Against Walmart India Over Apple Drink
Parle Agro, one of the country’s leading consumer brands, has filed a case against Walmart for copying its beverage product, Appy Fizz. The case has been moved to the Bombay High Court where Walmart is accused of Trademark violation by Parle.
Appy Fizz, the leading apple drink in the market was founded in 2005 and was sold all around the world with Bollywood star Salman Khan, as their Indian Ambassador.
Walmart, the largest retail market in the country has started selling an apple drink which closely resembled Appy Fizz and it has been said that even the font and package looked similar to Parle’s Appy Fizz. Walmart promoted the product under the name “Fizzy Apple” and said that Fizzy is a common word and no one has a claim over that.
“The mark, shape of the bottle, color scheme, label, get up, layout and the entire trade dress of the defendant’s impugned product are identical to the plaintiff’s product. It is obvious that the defendants are trying to sail as close to the wind as possible and have made all possible attempts to come as close as possible to Appy Fizz,” said Parle’s advocate, Hiren Kamod.
He also told the court, “The defendants are seeking to ride on the reputation and goodwill generated by the plaintiff in its ‘Appy Fizz’ product and the extensive promotion and advertisement of the same undertaken by the plaintiff and are seeking to make wrongful gains.”
As of now, the court has restrained Walmart from selling the product until the next hearing which is on August 20.