PEPSICO, HEINZ LOCKED IN TAG OF WAR

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PEPSICO and Heinz India are entangled in a legal battle over similar taglines that both use for different products.
 
Soft drinks and snacks firm PepsiCo India filed a lawsuit against the makers of Complan and Glucon-D in Delhi High Court because Heinz’s Glucon-D Isotonik uses similar tagline as PepsiCo’s Gatorade sports drink, a person familiar with the development.
Gatorade uses the tagline ‘rehydrate, replenish, refuel’, while Heinz advertisements say ‘Glucon-D Isotonik rehydrates fluids, replenishes vital salts and recharges glucose’.
     
PepsiCo has been selling Gatorade sports drink in India since 2004 with the advertising proposition ‘rehydrate, replenish, refuel’. It got the three words registered as its trademark around the same time.
 
“It (PepsiCo) has alleged that the same words are now being used by Heinz to market its glucose drink,” said another person privy to the ongoing battle.
  
When contacted, Heinz spokesperson said, “The matter is sub judice but we are strong on our facts and conviction.”
 
PepsiCo too refused to comment as the case is under investigation.
 
A person close to Heinz said the words are generic and have been used by the company “to describe the entire concept of energy drinks”.
 
Technically, Gatorade and Glucon-D compete in two different categories. While Gatorade is a premium ‘sports’ drink positioned at adults, the powderbased Glucon-D targets families and children. Apart from Heinz’s Glucon-D, the other significant brand in the glucose-powder-based category is Dabur’s Glucose-D.
 
Though a small category estimated at close to Rs 350 crore, it has been growing in double digits of about 22-25%. While Heinz leads the powder-based glucose market with a share of over 60%, Dabur has share of about 28%. Last month, PepsiCo extended its Gatorade brand to the ready-to-mix powder format – similar to that of Glucon-D.

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