Abstract

The case “Red Bull and Pepsi’s Tagline Spat” discusses the tagline tiff between multinational beverage brands Red Bull GmbH and PepsiCo India Holdings Pvt Ltd., (PepsiCo). Red Bull had alleged that Pepsi’s Sting brand in India used a tagline that was deceptively similar to its own, which it had been using since 1987. However, Pepsi brushed aside the allegations and claimed that its tagline in fact described its product’s features. The case highlights the importance of trademark laws and the actions to be taken in case of infringement, apart from emphasizing the marketing ethics to be followed.

Learning Objectives

The case is structured to achieve the following Learning Objectives:

• Understand the laws related to trademarks in India.
• Identify the ways in which companies indulge in unethical marketing practices.
• Recognize the ethical issues involved in advertising and marketing.
• Analyze the need for organizations to adhere to ethics in their marketing communications.

Keywords

Business Ethics; Marketing Management; Ethics in Marketing; Trademarks; Passing Off; Taglines; Infringement; Marketing Communications; Legal Battle; Secondary Meaning; Brand Management; Creativity; Brainstorming; Reputation; Deception