Coca-Cola fails in Australian lawsuit against Pepsi
Â Â Â Â Following a four-year legal battle, Coca-Cola originally pressed charges against Pepsi following PepsiÂs release of the ÂCarolina bottleÂ which they believe holds similar shape to Coca-ColaÂs own, iconic ÂContour bottleÂ, which has been distributed in Australia since 1938, by comparison PepsiÂs ÂCarolina bottleÂ has only been distributed from as recently as 2007.
Â Â Â Â Coca-Cola claimed the ÂCarolina bottleÂ infringed four of Coca-ColaÂs own registered trademarks for the ÂContour bottleÂ Â Coca-Cola argued that trademark infringement occurred due to the fact that Pepsi had used the whole bottle shape of the ÂCarolina bottleÂ as its own trademark.
Â Â Â Â The claims of trademark infringement, misleading or deceptive conduct by Coca-Cola against Â PepsiCo inc., PepsiCo Australia Holdings Pty Ltd, and Schweppes Australia Pty.
Â Â Â Â However despite strong claims and allegations, the Federal Court of Australia rejected Coca-ColaÂs claims against Pepsi on November 28 2014 Â Justice Besanko in judgement, held that the outline/silhouette of the ÂCarolina bottleÂ was not sufficient to indicate to the consumer a connection in the course of trade between the beverage and Pepsi.
Â Â Â Â Following the rejection Coca-Cola expressed its disappointment with the outcome by giving a statement ÂThe judgement is extremely disappointing. For more than a century, the Coca-Cola Company has carefully developed and protected our intellectual property including our trademarks, patents and copyrightsÂ Coca-Cola were ordered by the Judge to pay PepsiCoÂs legal fees.
Â Â Â Â The rejection follows both a similar rejection in New Zealand against Pepsi and a steady decline in soft-drink consumption Â particularly amongst young adults, for Coca-Cola. Over the last 8 economic quarters (2 years) Coca-ColaÂs profits had fallen more than 20%.
Â Â Â