On 31 May, Delhi High Court dismissed an application for trademark infringement filed by PepsiCo against Heinz India.
The dispute between Pepsi and Heinz concerned a new version of Heinz’s energy drink Glucon-D known as Glucon-D Isotonik, which is a sports beverage. Glucon-D Isotonik’s packaging contained the phrase “rehydrates fluids, replenishes vital salts and recharges glucose”. Pepsi claimed Heinz had lifted this phrase from the advertisements of its own sports drink, Gatorade, which use the words “rehydrate, replenish, refuel”.
After hearing both sides, the court held that the words used were “descriptive of the characteristics of its goods” and that these words “are commonly used to describe the character, quality and attributes of an isotonic drink”.
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