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Quick Hit: Is Sodastream Infringing on Coca-Cola’s Trademark?

Sometimes I come across products that remind me of a competitor’s products.  And that happened today.

I have been considering whether to buy a Sodastream machine for some time.  At a store today, I took a look at one and was looking at the flavors they sold.  As you can see from the photo I took in the store, Sodastream utilizes certain colors to market their Cola products.

If you do not know, as part of the Lanham Act (which governs US Trademark law), what is known as “trade dress” is protected.  Essentially this protects product packaging from being copied by a competitor.

By comparison here is the trade dress for Coke and Diet Coke.

What do you think?

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3 Comments Post a comment
  1. This is very fascinating, You are a very professional blogger. I have joined your rss feed and look forward to in the hunt for more of your fantastic post. Also, I have shared your site in my social networks

    September 14, 2011
  2. M. Tran #

    It’s just the color… does it really count? Pepsi, at least here in Canada, also uses silver for their diet Pepsi and 7-up. A lot of other cheap brands, such as RC Cola, uses red for their “Coke”.

    September 20, 2011

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