10 Dec 2013
THE COCA-COLA COMPANY v FRUCOR SOFT DRINKS LIMITED [2013] NZHC 3282
- Citation
- (2013) 104 IPR 432
- Court
- High Court
The Carolina bottle and the combination signs (Carolina bottle plus Pepsi/Pepsi Max/7UP marks) were used in trade and may function as trade marks, but the Carolina bottle (alone) and the combination signs are not materially similar to any of TCCC's three registered contour-bottle trade marks; there is no likelihood of deception or confusion, no passing off and no breach of the Fair Trading Act, so TCCC's claims fail.