Coca-Cola falls flat in EU trademark dispute

Coca-Cola’s latest bid to win EU trademark protection for a new version of its iconic bottle fell flat as judges said its curvaceous design wasn’t distinctive enough.

The world’s biggest soft-drink company sought to convince the EU General Court in Luxembourg consumers would see it as a “natural evolution” of the earlier shape loved by designers and artists from Andy Warhol to Salvador Dali. But the court ruled the shape is “a bottle like the majority of bottles on the market.”

It’s a “mere variant of the shape and packaging” of such products “which will not enable the average consumer to distinguish” this shape from others.

Shape trademarks aren’t easy to get. The EU courts in past cases have set clear rules for a shape to get intellectual property protection, owners must prove consumers can recognise the product exclusively by that characteristic, and not in combination with a logo or another sign.

Coca-Cola “is disappointed with the result and considering whether to pursue this further to the Court of Justice,” the company said. Coca-Cola has been trying since 2011 to get an EU trademark for the bottle shape, whether made out of glass, metal or plastic. The trademark office in 2014 decided the shape lacked any “distinctive character.”

Amid its trademark battle, the beverage giant is offloading its bottling operations to focus on its core business: Selling the concentrate that’s used to make drinks. The Atlanta-based company said this month it will accelerate the initiative. --