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Coke labels SodaStream promotion unlawful

user iconThe New Lawyer 22 June 2012 SME Law

Coca-Cola has sent a letter of demand to SodaStream, which gathered and displayed several thousand dumped bottles and cans of Coke, among other brands, in a case of self promotion.

Coca-Cola has sent a letter of demand to SodaStream, which gathered and displayed several thousand dumped bottles and cans of Coke, among other brands, in a case of self promotion.

SodaStream’s South African team gathered the rubbish from a South African garbage dump as part of a cage installment at the airport in Johannesburg.

‘The Cage’ is an awareness tool, used to demonstrate the impact of pre-packaged soda to the environment.

Coca-Cola argues that in using this discarded rubbish, SodaStream has made unlawful use of their trademark.

But in a clever retort, SodaStream suggests that if Coca- Cola wishes to claim ownership of these bottles and cans, which were dumped, then it should take responsibility for cleaning up every one of its bottles and cans that go to landfill each year.

“Their mess, their responsibility,” the company said in a statement.

Approximately 1 billion bottles and cans go to landfills, parks, rivers, oceans and incinerators every day. SodaStream aims to illustrate with its Coca-Cola dump campaign that reusable bottles can replace the thousands many people would typically throw out each year.

"We care for the environment and we will not compromise on our environmental strategy which is to rid the world of plastic bottles. We have no intention of being silenced on our position,” said SodaStream South Africa's managing director, Francois Dippenaar.

“The truth is that plastic bottles destroy our planet. 340 billion bottles around the world still end up in landfills every year. Because of this threat to the planet we will continue telling the story.”

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