Top Story

e4m_logo.png

Home >> Media – Print >> Article

Pepsi’s appeal against Coke commercials dismissed by HC

22-September-2001
Font Size   16
Pepsi’s appeal against Coke commercials dismissed by HC

The Delhi High Court dismissed, with conditions, Pepsi Foods Ltd’s application seeking interim injunctive reliefs against Coca-Cola India and damages claim to the tune of $106,000 in two cases relating to television commercials of the latter’s beverage brands, ThumsUp and Sprite.

Pepsi had filed the application in March this year, alleging that these commercials constituted trademark and copyright infringement, trademark dilution, commercial disparagement, trade libel and unfair competition.

Justice CK Mahajan read out the operative part of the judgment in the Thums Up-Sprite cases and pronounced Pepsi's petition seeking interim injunction against Coke dismissed, subject to the condition that Coke will undertake to pay damages to Pepsi if Pepsi ultimately succeeds in the suit.

This is a unique case concerning comparative advertising in the country. Both companies have been regularly airing commercials taking on either the brands or the respective campaigns, primarily during the peak season.

Pepsi issued two legal notices on Hindustan Coca-Cola Beverages—one on February 24, and the other on Mach 23. The first related to a ThumsUp commercial wherein a phrase “Yeh Dil Mange More” was mimed.

Pepsi has been using the same phrase in the commercials for its Pepsi-Cola brand and claimed the ThumsUp ad was infringing copyright.

Coca-Cola had contended that “Yeh Dil Mange More” could also mean “this heart wants a peacock” instead of the popular understanding that “this heart wants more.” The original ad by Pepsi was based on its global campaign “Ask for More.”

Pepsi also challenged Coca-Cola for featuring a fictitious beverage (having close resemblance to the form of a Pepsi bottle) and naming it Pappi (sounding close to Pepsi) in one of the commercials of its clear-lime drink Sprite.

Tags

Vijay Mansukhani, speaks to exchange4media about the resurgence of Onida, the scope of growth of consumer electronics market in India and the reasons why Indian consumer electronics brands don’t compete on a global scale

Projjol Banerjea opens up about hiring Anne Macdonald and GroupM's Rob Norman, and the brand's new identity

Meera Iyer tells exchange4media that in FY 2016/17, bigbasket clocked a revenue of Rs 1,400 crore. The online supermarket currently stands at 70,000 orders a day, with operations in 25 cities.

CMO, Kashyap Vadapalli on the start-up’s marketing play, why it has decided to stay away from IPL and response to its furniture rental apps

In an exclusive data shared with e4m, Pan Masala/Zarda/Gutkha had the highest jump of 185 per cent in terms of ad volumes in the first 14 matches

Bose, who has a career spanning over two decades, was DNA’s Editor-in-Chief. He has previously been associated with the India Today Group

Vijay Mansukhani, speaks to exchange4media about the resurgence of Onida, the scope of growth of consumer electronics market in India and the reasons why Indian consumer electronics brands don’t compe...