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Cola infringement loses its fizz
The Delhi High Court has ruled in favour of Coca-Cola after a Jodhpur-based local company tried to sell a soft drink named ‘FACTA’. The Court accepted Coke’s contention that the ‘FACTA’ name was too similar to that of the better-known ‘FANTA’.
The local company has been ordered to stop selling its product with immediate effect and has been ordered to pay damages. The high court summised that the drinks labels bore more than a close resemblance and as a large percentage of drinkers were children, it was liable to cause deception.
The Fanta brand was introduced to the United States from Germany in 1940 and Coca-Cola bought the trademark in 1960. Fanta Orange is the most popular Fanta flavour (there are 70 in all), is available in 180 countries and is particularly popular in Asia and South America – often outselling its range of colas.
‘FACTA’ first came to Coca Cola Company’s attention in 2003. The beverage giant said the local company had deliberately used its mark to ride on its reputation and attempted to cash in on the goodwill and good name of Coke.
Coca-Cola has a strong presence in India and has already invested over $1.2 billion in the country. It employs 150,000 people and is planning to set up a retail university to equip Indian retailers with the right techniques, tools and knowledge to sell its products.
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