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HC refuses injunction against Thums Up ads

31-March-2001
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HC refuses injunction against Thums Up ads

It was advantage Coke on the first day of hearing at the Delhi High Court on a case where Pepsi has alleged that its arch rival has committed disparagement and infringement of its copyright through its various advertisements. The court has refused to grant interim injunction to Pepsi, where it had sought the court’s intervention in stopping Coca-Cola from airing the ads. The HC, instead, fixed the next day of hearing for April 9, when it will hear both the parties before passing a judgement on the injunction.

Pepsi filed the case after two legal notices to Coca Cola where it highlighted the fact that the Atlanta-based soft drink major had infringed on its copyright by airing the ``yeh dil mange more’’ jingle on the Thums Up ad and consequently disparaging it.

It also pointed out that Coca Cola has the exclusive rights to the globe divide, its logo and brand Pepsi, which are registered under the trade and merchandise act and the ads of Thums Up have actually disparaged it. Pepsi has also taken exception to the use of the word ``Pappi’’ to describe Pepsi in a ``disparaging way’’.

In response to the Thums Up ad, which shows Pepsi as a drink fit for kids, Pepsi recently had research agency AC Nielson conduct a blind taste survey of all the cola brands where Pepsi beats Coke and Thums Up.

Simultaneously, it has also launched a new ad campaign featuring Cyrus Bharucha, which subtly tries to highlight Thums Up as a drink for the ``sissies’’.

The last word on the traditional rivalry of the cola giants for the battle of the consumers throat during the summer of 2001 is yet to be spoken as both the rivals are sharpening their pangs for the battle royal over the next few months.

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