Last week, Besanko J dismissed Coca-Cola Co’s claims that PepsiCo’s “Carolina” bottle shape infringed Coke’s trade marks, and was passing off and misleading or deceptive conduct.
Case C-281/10 PepsiCo v Grupo Promer Mon Graphic The excellent Class 99 blog has a summary focusing on the concept of “informed user”. The IPkitties are typically loquacious. Lid dip: Ray Hind
The war between Coke and Pepsi over the shape of a bottle is alive and well. Last week the parties were in court fighting over discovery. By the tie of the hearing what was actually in dispute was quite narrow. In the end, Dodds-Streeton J ruled that Coca Cola should be allowed to get discovery amongst other things from Schweppes, Pepsi’s bottler in Australia, relating to whether or not Schweppes had sought any.. Read More
Further to my earlier post, Amanda Scardamaglia has a detailed consideration of the issues raised by Coca Cola’s pleading in the battle of the bottle shapes against Pepsi.
Newspaper reports that Coca Cola has sued Pepsico and its Australian licensee, Schweppes, over the shape of the new Pepsi bottle. The print edition had a photo, but not online. You can go down to your local 7 Eleven or compare for yourself: The press report doesn’t say whether the action is over a registered “shape” trade mark, passing off/TPA or both. But, we know Coke has them: So, if it goes to.. Read More