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Parle Agro Private Limited vs Pepsico India Holdings Private Limited ... on 19 July, 2024

                          $~17
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CS(COMM) 944/2023, I.A. 26144/2023 & I.A. 3878/2024
                                 PARLE AGRO PRIVATE LIMITED                                 .....Plaintiff
                                                    Through:     Mr. Gopal Jain, Sr. Advocate with
                                                                 Mr. Ankur Sangal, Ms. Pragya
                                                                 Mishra, Mr. Shauray Pandey and Ms.
                                                                 Suvarna Jain, Advocates.
                                                                 Mob: 7761895769

                                                    versus

                                    PEPSICO INDIA HOLDINGS PRIVATE LIMITED & ANR.
                                                                                  .....Defendants
                                                  Through: Mr. Rajiv Nayyar, Sr. Advocate with
                                                           Mr. Dayan Krishnan, Sr. Advocate
                                                           and Mr. Dheeraj Nair, Mr. Manish
                                                           Jha, Mr. Deepak Gogi, Mr. Angad
                                                           Baxi, Mr. Karan Singh, Advocates

                                 CORAM:
                                 HON'BLE MS. JUSTICE MINI PUSHKARNA
                                                    ORDER

% 19.07.2024 I.A. 3878/2024 (Application seeking leave to proceed with filing of rectification petition against the plaintiff's registration)

1. Reply on behalf of the plaintiff to the application filed on behalf of defendant no. 1 under Section 124 of the Trade Marks Act, 1999, is on record.

2. Learned Senior Counsel appearing for the defendant no. 1 submits that he may be granted some time to file rejoinder to the same.

3. Let rejoinder be filed within a period of four weeks.

4. At this stage, learned counsel appearing for the plaintiff submits that I.A. 26144/2023, is also ripe for hearing, and the pleadings in the said application are complete.

5. He further points out that the plaintiff is a prior user of the Word Mark 'FIZZ'. He, thus, submits that the defendants' action in launching a product with the same Word Mark 'FIZZ', will infringe the rights the plaintiff.

6. He further submits that a systematic advertisement campaign is being carried out by the defendants.

7. Learned Senior Counsel appearing for the defendants rebuts the aforesaid submissions.

8. List for hearing on 08th October, 2024.

9. In the meanwhile, the parties are at liberty to file their written submissions, along with the judgments, that they wish to rely upon, before the next date of hearing.

MINI PUSHKARNA, J JULY 19, 2024 ak Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:20.07.2024 18:35:18