Coca-Cola Appeals Russian Court’s Decision in Trade Dress Suit

The Coca-Cola Company, an American soft drink giant, has recently filed an appeal against a Russian court’s decision to reject its trade dress lawsuit against Spring, a soft drink manufacturer based in Omsk, southern Russia.

Coca-Cola claims that the shape of Spring’s two-liter bottle used for the traditional Russian beverage kvass sold under the Bochonok label, closely resembles the shape of the well-known “contour bottle”, a registered trademark that helps distinguish Coca-Cola from other brands.

The Omsk Arbitration Court rejected Coca-Cola’s lawsuit on July 18, after the defendant presented reports showing the absence of confusion among Russian consumers regarding the source of goods.

The color of the plastic and the label design are substantially different and are not subject of dispute.

Coca-Cola also sells kvass under the “Kruzhka i Bochka” (Mug and Barrel) brand. The bottle Coca-Cola uses for that product resembles a wheat plant and is different from the bottle used for the company’s most popular drink Coca-Cola.

Prepared by: Jelena Jankovic

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Source: The Moscow Times