Dive Brief:
- An Australian judge has ruled against Coca-Cola in the soda-maker's long-running battle with Pepsi over bottle shapes.
- Federal Court Justice Anthony Besanko dismissed Coke's claims that Pepsi's so-called "Carolina" bottle, which is sold in numerous countries outside the U.S., violates Coke's trademarks on its legendary contour bottle.
- The decision comes just one year after Coke lost a similar court fight in New Zealand, and more than two years after a German court also ruled for Pepsi.
Dive Insight:
It's clear why Coke feels so strongly about its bottle shape. There are very few brands where a simple silhouette can represent the product. The strangely evocative Coke bottle, converted into art by Andy Warhol, is one.
Pepsi's "Carolina" bottle is also curvy. And it does seem to hint at its rival's iconic look. But the differences are enough that courts are comfortable with the look.
