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Sales of the products of the 183 Crores (Last five 232 (Since September parties years) 2020 - May 2021)

19. Based on the indices reflected in the above comparison chart, Mr. Sudhir Chandra submits that the features which distinguish the rival products are sufficient to militate against any possibility of likelihood of confusion between the two, irrespective of "For The Bold" figuring on the label of Parle's product. Besides, he submits, Parle's "B Fizz" is in the market since September 2020, which itself is sufficient to justify rejection of PepsiCo's prayer for an interim injunction, applying the principles enunciated in Wander Ltd v. Antox India (P) Ltd.2

20. In its written statement, Parle contends that the vision behind its product "B Fizz" was to provide a beverage which, while being non- alcoholic, would replicate the bold flavour of beer. For this purpose, the bottle, as well as its label, were printed in bold red colour. The impugned product of Parle is stated to have earned, through sales, revenue of ₹ 184 crores during the period September 2020 to March 2021 and ₹ 48.12 crores during the months of April and May 2021. The product is stated to be widely advertised; the expenses incurred by Parle in promotion and advertising of the impugned product, during the year 2021-2022, up to the month of May 2021, is itself stated to be ₹ 35,55,82,129/-.

Digitally Signed mentioned goods or services.

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27. Mr. Sudhir Chandra submits that customers who purchase Parle's product do so because of the Mark DORITOS, and not because of the tagline "For The Bold". As such, he submits that PepsiCo cannot even be said to be using "For The Bold" as a trade mark as defined in the Trade Marks Act, as the tagline does not function as a means to identify the product with the source, i.e. PepsiCo. Obtaining of registration for the "For The Bold" tagline as a trade mark, submits Mr. Sudhir Chandra, does not ipso facto indicate that the tagline is in fact being used as a trade mark, or efface its inherently descriptive nature.

132. Applying the test laid down in the above decision, the impugned label of the "B Fizz!" product of Parle is sufficiently distinct and different from PepsiCo's pack which uses the "For The Bold" slogan only on its reverse, to militate against any chance of confusion between the two.