Court Rules Against Coca-Cola’s Trademark Infringement Claim
The Coca-Cola bottle remains one of the most recognizable examples of trade dress, yet the High Court in New Zealand rejected Coke’s claim that Frucor, a New Zealand PepsiCo Inc. bottling company, infringed their famous bottle design.
Coke alleged that Frucor sold Pepsi products in similar shaped bottles, which caused consumer confusion. However, the court determined that the bottles were sufficiently different, especially given that each bottle was clearly marked with Pepsi’s brand. The court also noted that Coke failed to complain until a year after Frucor first introduced the bottle.
Take a look for yourself. Do you think Frucor infringed Coke’s trade dress?