Picture
The famous argument between Coke and Pepsi as to which beverage is more appealing to consumers has raged on for at least 100 years. The good-natured competition between both outfits as to whose bubbly, caffeinated libation is the supremo has touched pretty much every point of product feature imaginable. The latest is the battle over bottle shapes.

Coca-Cola’s bell-shaped contoured bottle is pretty well recognized by many consumers in the US and, arguably, internationally. It is the subject of many trademark registrations in the US and other countries. “Trademarks on product packages or shapes?” you might ask? Yes, actually; registration of a package design is an invaluable tool that makers of consumer goods can (and should) use as part of their trademark protection strategy.

New Zealand is a country where Coca-Cola heavily markets (and has also released some pretty unique flavors like Raspberry Coke). Pepsi also sells many soft drinks in New Zealand through a subsidiary, Frucor Beverages. You probably wouldn’t be surprised to hear that Pepsi and Coke are just as ruthless in their competitive efforts in NZ as they are in the US. Pepsi’s choice to adopt a contoured bottle design that is similar to Coke’s ever popular bell-shaped bottle is a pretty good indication of the level of competition. Okay, maybe similar was too strong of a word to use. After all, the court only found one real commonality between Coke’s bell bottle and Pepsi’s design and Pepsi did place its logos on the side of the bottle, perhaps to dispel any notion that it was obviously copying Coke’s bottle design.

Picture
Sparkling Ribena Beverage Bottle (look familiar?)
Essentially, according to Coke, Pepsi thought they could pull a fast one over Coke by simply taking the previous Pepsi bottle design, tweaking it to make it ever so slightly different from the bell-shaped vessel of Coke goodness, and putting the Pepsi logo prominently on the side of the bottle. It worked pretty nicely, at least in New Zealand. Last month the High Court (NZ’s equivalent of a federal district court in the US) deemed that Pepsi’s bottle design did not infringe Coke’s registrations in its bottle design in NZ. According to the judge there was no likelihood of confusion posed by Pepsi’s bottle design because the primary feature that the bottles had in common (the waist, you know that middle part of the bottle that would hold up a pair of jeans, if bottles wore jeans) was not enough to make the two bottle designs similar. Indeed, the waist itself was a feature that is extremely common in the trade. Some of the other differences that the judge cited were a lack of fluting on the Pepsi bottle, no horizontal “belt” around the waist, and the Pepsi bottle’s neck is different from that of Coke’s bell bottle.

Picture
The court seemed to be saying that most of the features that Coke was trying to protect (the curved waist, the contoured shape from the base of the bottle up to the waist and then again from the waist to the tip) are so common among all beverage containers that they are essentially a functional feature, unprotectable as a trademark. The court also (pursuant to NZ’s statutory framework) concluded that reasonable consumers would not confuse Pepsi’s bottle with Coke’s bottle because the average consumer, with their “imperfect recollection” would only remember certain features from Coke’s protected bottle design, features which were not embodied in Pepsi’s design. 

What about Pepsi’s prominent use of its logo on the side of the bottle? Isn’t that enough to demonstrate to consumers that Pepsi’s bottle isn’t from Coke? According to well-founded law in both NZ and the US, courts aren’t supposed to place any significance on the combined use of one logo with an imitated logo. After all, once a defendant uses someone else’s trademark commercially as a mark of the defendant’s, all bets are off; consumers at that point have already been drawn to the defendant’s mark by virtue of the mental connection, the connection between that mark and the true source.

But I wonder if there’s any there there, that is whether the court (even though it said it did not) gave more shrift than was necessary to Pepsi’s inclusion of its own logos on the side of the bottle. If the court evaluated the difference between Pepsi and Coke’s bottles through the lens of a consumer’s imperfect recollection, it would be easy to give logo’s more weight in the likelihood of confusion analysis. Pepsi’s bottle still sports features that the Coke bottle is most well-known for, including the curved silhouette. But this silhouette is now so common for bottle shapes now that it may be de jure functional. De jure functionality means that competitors must use a particular shape in order to compete effectively. Maybe consumers are so used to tapered silhouette shapes for bottle designs that they demand this particular shape for beverages (and will not buy sodas that don’t come in these kinds of packages). An even more compelling argument for the functionality of the silhouette shape that Coke seeks to protect as a mark might be that soda machines are designed now to accommodate tapered bell-shaped silhouettes 

I can’t help but wonder how this case would have turned out in the U.S. Maybe the U.S. is the next stop on this bubbly expedition by Pepsi across the world to prove that Coke’s trademark rights in its bottle design may be a little narrow around the waist. The most interesting question in my mind is whether the Coke bottle silhouette is a trademark and whether the proliferation of other similar silhouette bottles (like Pepsi’s) is likely to confuse a consumer.

We won’t shake up the bottle anymore for fear of exploding contents.

 


Comments

07/10/2014 6:55am

It's time Pepsi went completely their own way instead of aping everything Coke did or does

Reply
03/16/2015 5:10am

Excellent post share with us and this blog is impresses more people to reading that blog.

Reply
05/11/2015 4:16am

We design exclusive hand created petticoats with stiff crashy Organdy or super Soft Chiffon and all lengthes, the ultimate in female decadence.

Reply
05/12/2015 7:06am

Surprise Circle is fast growing eCommerce site, popular with its quality women apparel, clothing, lingerie, jewelry, free surprises gifts on every purchase

Reply
05/14/2015 4:19am

Watch Amateur Voyeur Tube for free daily on our website - Hidden Voyeur Spy - Upload and share your favorite voyeur sex videos with us! The Best Amateur Porn Videos you can find here!

Reply
05/21/2015 2:43am

Audio to text transcription for $0.70 per audio minute. 36 hour turnaround with 98% accuracy. Cheap audio transcription for your audio to text, speech to text, and voice to text needs

Reply
06/10/2015 5:40am

Military credits for retirees proliferate and there are normally boundless conceivable outcomes on how one future a ready to get it. Credits as house advances, auto, credits business advances, training credits and more are all accessible to military retirees.

Reply

Education is no more just looked for by the world's childhood. With an expanded pattern towards grown-up and proceeding with education,

Reply
06/15/2015 4:01am

iCrowd bietet die perfekte Software für Crowdsourcing und Innovationsmanagement. Kollaborativ aus Ideen umsetzbare Innovationen entwickeln und profitieren!

Reply
06/17/2015 5:05am

CTMotor is a motorcycle parts company who put the "Customer on Top".Our mission is balance the Western Customer Service Experience, Modern Management Concept, Information Technology and Eastern Low Cost Production.

Reply
06/25/2015 5:51am

We provide offshore outsourcing through setup of customized captive offices in India. It remarkably reduces office and employees monthly costs.

Reply
07/06/2015 5:02am

Buy Perfect Money e-Vouchers, ukash voucher, bitcoins with Paypal and Credit cards Online. Exchange paypal to perfect money usd, visa to perfect money, buy ucash with visa instant.

Reply

Toyota Material handling equipment manufacturers and suppliers in India. Toyota forklift, hand pallet truck in India, all set for selling of Material Handling equipments.

Reply

Toyota Leading BT Autopilot LAE240 is a semi-automatic powered pallet truck providing driverless operation .For enquires; call us at +91-(124) 3877103.

Reply
07/21/2015 6:36am

Online shopping across various categories products with Buying Regroupment . you get many offers on many products, and Deal of the day etc.

Reply

Buy Perfect Money e-Vouchers, ukash voucher, bitcoins with Paypal and Credit cards Online. Exchange paypal to perfect money usd, visa to perfect money, buy ucash with visa instant.

Reply
10/11/2015 5:42pm

This will attract you to perceive bounteous good circumstances for pay for your ages to ages costs and included conceivable costs. An extenuative cash plan or giving strategy will consent arranged giving your machine genuinely in the mishap that they see that you are some individual who is butterfingers for positive and has surrendered bits.

Reply

That was an awesome pos.

Reply

I would like to read posts on this blog.

Reply
11/19/2015 4:59am

Excellent post.Thanks for sharing this message.Really,Your blog is not only instructive but useful too. Chennaitirupatitourpackage.com provides Tirupati Balaji Tour Packages, One Day Tour Packages, Kalahasti Package, with Online Booking from Chennai.

Reply
11/19/2015 5:14am

Thank you very much for posting and sharing this great Blog. Irvine Pediatrics, located in Irvine, CA, opens its doors to you and your family. Our primary focus is immunizations, newborn care & dietary guidelines.

Reply
11/25/2015 4:52am

Thank you very much for posting and sharing this great Blog . Tirupati Balaji Travels Chennai: Offers Tirupati Darshan One Day Tour Packages with Darshan from Chennai by Luxury Cars like Innova, Indica and Tempo Traveller.

Reply

From your blog, I can learn some new knowledge, I like the valuable information you provide in your articles. Acumedica : No1 health clinic, offers Traditional Chinese and Western style acupuncture treatments at London, Manchester, Wolverhampton, Derby and Stoke

Reply
11/27/2015 11:15am

this is very good.

Reply

Interesting story you have shared it is useful and getting a lot of new thing its really nice and making best thing. We balaji travels chennai a reliable travel agency offers complete tirupati tour packages with Online booking facility for travellers to book easily without any hurdles.

Reply
12/19/2015 11:14am

I prefer Pepsi. And you?

Reply
01/16/2016 2:15pm

your post is very interesting for see, I am personally very fond with your handwriting on this page.

Reply
02/12/2016 8:42pm

I'm excited to uncover this page. I want to to thank you for your time due to this wonderful read!! I definitely appreciated every bit of it and I have you bookmarked to look at new information in your web site.

Reply
02/21/2016 2:19am

Tactical backpacks are easily identifiable by their appearance. Most backpacks inthis category utilize a modular lightweight load-carrying equipment system (MOLLE), a 1-inch thick webbing of straps that covers the front and sides of the backpack.

Reply
11/02/2017 1:50am

Currently various types of businesses, both online and offline we can find with various trademarks. But you know, if some of the trademarks used by online and offline business people, it turns out there are not yet registered.

Reply
11/03/2017 6:31pm

Creation of Asset-Registration of copyright creates intellectual property, intangible assets. Registered copyright is intellectual property and its rights may be sold, marketed in franchise or commercial

Reply
11/04/2017 12:33am

Thank you for sharing information is very helpfully

Visit Here: http://wildgirllove.com/
8904750567


<a href="http://wildgirllove.com/">escorts in Bangalore</a>


<a href="http://wildgirllove.com/">bangalore escorts</a>

<a href="http://wildgirllove.com/">escort service in bangalore</a>

<a href="http://wildgirllove.com/">bangalore escort service</a>

Reply
11/05/2017 6:19am

If you believe the condition of the laptop or computer is still good, then suddenly bluescreen when used browsing via firefox, maybe the following factors that cause the condition.

Reply
11/05/2017 11:39pm

This is excellent web page and an amazing web link. Thank you beloved for discussing a such a amazing Website.
http://sofiyaloani.in/
http://www.gurgaonrussianescorts.com/
http://www.wexte.biz/
http://www.antakusuma.com/
http://osoft.in/
http://www.gurgaonmodels.in/
http://www.escortsindelhincr.in/
http://www.ashlynn.in/

Reply
11/07/2017 12:10am

The price We offer, Very attractive and we always provide Promo For Our Clients. Having a Maximum Above Vehicle with well cared and Vehicle engine. We have drivers experienced and friendly so can in cooperate with good.

Reply
11/07/2017 12:40am

Navya Bisht Chennai Model Agency guarantees that our services will meet your expectations and that our professional girls will arrive quickly at the place of your choice.
http://www.sexychennaiescorts.com

Reply
11/08/2017 7:37am

One of the beautiful islands in Indonesia, Bali is a very interesting tourist spot. It is considered a business center and also a major cultural center in Indonesia.

Reply
11/09/2017 1:25am

Not an easily fulfilled request of course. In addition to not easy to be released Atletico Madrid also because there are other clubs who have the same desire with Messi.

Reply
11/10/2017 12:30am

Wat is a modern interior design, and how do we add it to our homes? First, it's all about the basic features of the rooms. We are increasingly interested in clean design and neutral colors in an effort to stay ahead of the game.

Reply
11/12/2017 2:12am

For faster computer performance, because now a lot of software that requires at least 2GB of RAM to work with the maximum.

Reply
11/13/2017 9:04am

To get a feel of modern design you can add some existing entertainment furniture, and for the impression of luxury, classic and elegant.

Reply
11/16/2017 3:50am

This is excellent web page https://www.trio-tots.com/hsr-layout

Reply

Nice thanks https://www.trioworldacademy.com

Reply

good nice post http://www.feenixlanguage.com

Reply
11/16/2017 3:56am

good thankyou http://www.advocasy.com

Reply
11/16/2017 3:57am

Good posting http://www.shivanandastrologer.com/

Reply
11/16/2017 3:59am

thanks for sharing http://www.sapsolutionsonline.com

Reply

very good post https://www.vlsiguru.com/embedded-systems-training

Reply
11/17/2017 10:16pm

I am a 22-year-old work as Faridabad Escorts Girl offer a wide range of services to my gentlemen people for their optimum mental and physical fulfillment.

Reply
11/17/2017 10:17pm

Friends are you ready for romance with call girls services in Faridabad then you can visit Faridabad escorts girl and find out Diya Gupta.

Reply

Dear Friends if you are want to stay at day/night with call girls services in Faridabad and Faridabad escorts girl services then you can connect with us and take enjoy with us.

Reply
11/17/2017 10:19pm

Hello guys if you are want to selected slim figure babes and now time to change then Good choice Independent Faridabad escorts girl service Golden Touch for you.

Reply
11/22/2017 1:03am

SEO is short for Search Engine Optimization is a secret method that is used by many people to bring in thousands even tens of thousands of visitors were stunned without having to pay like.

Reply
11/22/2017 10:58pm

Thanks a lot.

Reply
11/22/2017 10:59pm

Nice!!!!

Reply
11/22/2017 11:00pm

Good information.

Reply
11/22/2017 11:01pm

Thanks for the given info.

Reply
11/23/2017 5:35pm

We'll do it in a way that your keywords look more prominent. Keyword density of website content, the convenience of users in opening your website is the initial foundation for sales.

Reply
11/25/2017 2:58pm

Many websites have the title 'SEO Services. In internet marketing, we want our website entered in the first page sequence of Google.

Reply
12/03/2017 11:00pm

Hello, Both the drinks are not good for health. Just take organic one for good health and live long.

Reply
12/08/2017 10:32pm

Beauti Queen amazing kolkata escorts agency alwyas ready for you at your doorstep. Beauti Queen provide you high profile independent girl in kolkata, escorts service in kolkata, kolkata escorts. If you are looking for the ultimate encounter in Kolkata then I am your sophisticated young Kolkata escorts that provides upscale companionship for making your night becomes true.

Reply

Reply
12/11/2017 8:15am

La coca cola a vita, la pepsi è troppo dolce, non mi piace

Reply
12/12/2017 2:25am

Enjoy one on one intimate come across with warm independent Bangalore Escorts. Get exclusive and inexpensive call girls services in Bangalore as consistent with your comfort.

Reply
12/12/2017 2:26am

Directly call Teena Roy 9000000000 for hire fulfill your naughty desires Independent Bangalore escorts girl, Good communication skills like as take enjoy with me as a girlfriends and housewife.

Reply
12/12/2017 2:26am

Hi Friends if you are interested in Housewife, College girls, Russian girl and Airhostess then you can connect with Independent Bangalore escorts girl Roshni Verma, she is arrange all type of profile for your dating.

Reply

Dear guys feeling alone then you can contact with Independent Bangalore escorts queens because we are offer unlimited fun with best anal and all type of dating services.

Reply

Dear lovely friends if you are want to meet with Bangalore escorts girl in your personal place and hotels then you can follow Diya gupta website and book you’re dating with me www.diyagupta.com.

Reply
12/13/2017 3:45am

Season 2017 so far passed by Barcelona smoothly. However, the top standings La Liga still have big plans to strengthen the team in January. Three players Lazio was so shooting Barca.

Reply
12/14/2017 12:20am

beton instan solusi terbaik untuk bahan bangunan Anda

Reply



Leave a Reply