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% 18.09.2023 I.A. 7170/2021 (under Order XXXIX Rules 1 and 2 of the CPC) & I.A. 9591/2021 [under Section 124 (1)(a)(ii)]

1. This judgment decides IA 7170/2021 filed by the plaintiffs, PepsiCo, Inc. and PepsiCo India Holdings Private Ltd. (who would be referred to, hereinafter, collectively as "PepsiCo") under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) and IA 9591/2021 filed by the defendant Parle Agro Private Limited ("Parle" hereinafter) under Section 124(1)(a)(ii)1 of the Trade Marks

Written Statement and Submissions of Mr. Sudhir Chandra

18. Mr. Sudhir Chandra handed over, at the outset, the following Comparison Chart: 

                  Point of comparison                PepsiCo              Parle

                  Trade Marks applied by the          FOR THE BOLD        Be The Fizz! For The
                  Parties                                                 Bold!

                  Brand Names            of    the       DORITOS                  B'FIZZ
                  products

                  Company        names    of   the       PEPSI Co            PARLE AGRO
                  Parties

                  Packaging




                    Classification of Goods for        Class 30                   Class 32
                    which the mark has been
                    applied                     Coffee, tea, cocoa,       Beers; non-alcoholic
                                                sugar, rice, tapioca,     beverages; mineral and
                                                sago,        artificial   aerated waters; fruit
                                                coffee; flour and         beverages and fruit
                                                preparations     made     juices; syrups and
                                                from cereals, bread,      other     non-alcoholic
                                                pastry             and    preparations        for
                                                confectionery, ices;      making beverages
                                                honey, treacle; yeast,
                                                baking-powder; salt,
                                                mustard;      vinegar,
                                                sauces (condiments);
                                                spices, ice; snack

                                                foods based on flour,




20:16:11
                                                corn, cereal, rice;
                                               processed     cereal
                                               seeds