Accused of mimicking Sting’s overall design, color combination, bottle shape, branding
A fine of Rs 150 million has been imposed on Mizan Beverages (Pvt) Ltd on Friday for copying the packaging and trade dress of PepsiCo’s energy drink “Sting” by the Competition Commission of Pakistan (CCP).
According to the Commission, Mizan’s energy drink ‘Storm’ mimicked Sting’s overall design, color combination, bottle shape and branding, creating a clear likelihood of consumer confusion. The commission categorized this as parasitic copying that violated Section 10 of the Pakistan Competition Act 2010.
Section 10 of the Pakistan Competition Act 2010 prohibits companies from engaging in “deceptive marketing practices”.
The Act defines deceptive practices to include: distribution of “false or misleading information capable of harming the business interests of others”; distribution of false or misleading information to consumers; “false or misleading comparison of goods during advertising process”; or “fraudulent use of another’s trademark, company name, or product labeling or packaging.”
Read: CCP imposes Rs2.36 billion. fines in 2025
The case had been pending since 2018. PepsiCo Inc. had filed a complaint alleging that Mizan Beverages designed ‘Storm’ to resemble Sting and illegitimately benefit from PepsiCo’s brand reputation. Instead of pursuing the case, Mizan challenged the Commission’s authority in court and obtained preliminary injunctions that repeatedly delayed the investigation for several years.
Last year, the Lahore High Court dismissed Mizan Beverages’ petition and upheld CCP’s authority to conduct the investigation. The court noted that Mizan used legal injunctions to halt the Commission’s proceedings and ordered the CCP to complete its investigation and issue a decision.
The Competition Commission’s detailed ruling noted that Storm’s red color scheme, bold slanted white lettering and bottle shape closely resembled Sting. These branding elements may mislead ordinary consumers. The commission emphasized that having a registered trademark for “Storm” does not exempt a company from competition law if it misleads consumers.
CCP Chairman Dr. Kabir Sidhu stated that copying brands and using misleading packaging or marketing will not be tolerated, regardless of the size of the company, and strict action will be taken.
