The Delhi High Court has dismissed an appeal filed by PepsiCo against Heinz India for the alleged infringement of a Pepsico slogan, ‘Rehydrate, replenish, refuel’, which it uses for its Gatorade product since 2004.
Heinz India uses the slogan, ‘Rehydrates fluids, replenishes vital salts and recharges glucose’ for its Glucon-D Isotonik beverage.
The court said the words ‘Rehydrate, replenish and refuel’ are a common descriptive expression and rejected the appeal. “The court has held that the words are commonly used to describe the character and quality of an isotonic drink and no one can claim monopoly over these,” said Anuradha Salhotra, managing partner of the Lall Lahiri & Salhotra, the law firm specialising in intellectual property rights which represented Heinz. The judges rejected the argument of PepsiCo regarding trademark infringement; it said it had regiastered its slogan.
