Eu Judges have recently stated that Coca-Cola new version of the iconic bottle curvaceous design is not distinctive enough.The world’s biggest soft-drink company sought to convince the EU General Court in Luxembourg that consumers would see it as a “natural evolution” of the earlier shape loved by designers and artists from Andy Warhol to Salvador Dali.
But the court ruled on Wednesday that the shape is “a bottle like the majority of bottles on the market.” It’s a “mere variant of the shape and packaging” of such products “which will not enable the average consumer to distinguish” this shape from others. Shape trademarks aren’t easy to get. The EU courts in past cases have set clear rules that for a shape to get intellectual property protection, owners must prove that consumers can recognize the product exclusively by that characteristic, and not in combination with a logo or another sign. Coca-Cola has been trying since 2011 to get an EU trademark for the bottle shape, whether made out of glass, metal or plastic. The trademark office based in Alicante, Spain, in 2014 decided the shape lacked any “distinctive character.”