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Today on IPcopy we have a guest post from Tyrone Walker of Moore Attorneys on the subject of a soft drink trade mark battle in South Africa. This post has been reproduced with the permission of the author.
The soft drink battle of “PEPSI TWIST” versus “LEMON TWIST” continued in South Africa in the Supreme Court of Appeal.
In 2006, PepsiCo had applied for the registration of the trade mark “PEPSI TWIST”. Atlantic Industries (“Atlantic”), a wholly owned subsidiary of The Coca-Cola Company had opposed these trade mark applications. The basis of Atlantic’s opposition was that “PEPSI TWIST” was confusingly similar to their current trade marks “TWIST”, “LEMON TWIST” and “DIET TWIST”. PepsiCo responded with a counter action by applying for the expungement (“removal”) of Atlantic’s marks. (more…)
On 14 October, Coca-Cola Company (“Coca Cola”) filed an opposition against the application based on four of its earlier figurative CTMs; (more…)