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PepsiCo trademark case

This article was originally published in Foodnews

PEPSICO, maker of Gatorade energy drink, has lost a trademark case against Heinz India, the maker of the Glucos-D energy brand, over the use of an advertising slogan. PepsiCo has been selling Gatorade sports drink in India since 2004 with the advertising tagline 'rehydrate, replenish, refuel', which it registered as a trademark, India's Economic Times reported. However, Heinz India's Glucos-D Isotonik claims in its tagline that it 'rehydrates fluids, replenishes vital salts and recharges glucose'. The company argued that "the words rehydrate, replenish and refuel are commonly used to describe the character and quality of an isotonic drink and no one can therefore claim monopoly over them". The Delhi High Court agreed.

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