date:Jun 08, 2012
ue to insufficient similarity between the bottles.
The court said that Coca-Colas trademark would not be damaged by the presence of PepsiCos bottle on the market, nor would consumers be confused.
Basic similarity in regard to shape a waisted basic form or the presence of a waist on the bottle was insufficient to establish sufficient similarity, the court said.
The scalloped shape of the bottle is used by many manufacturers and so is a generally accepted aesthetic and functional basic shape