High Court: Day three of Coke v Pepsi

Frucor Beverages and PepsiCo presented their opening submissions at Auckland High Court this morning in day three of their defence against The Coca-Cola Co.

Coca-Cola claims Pepsi products, manufactured by Frucor, use bottles too similar to its trade marked contour-shaped bottle. It also claims the two soft drink manufacturers are misleading consumers.

The defence claims the silhouette of the bottle isn’t enough to infringe on the trade mark. It also argues consumers take into account the colours, logos and other details on the package rather than the shape by itself.


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