Trade Dress & Source Identifiers: How Coke Can Get Away With No Labels on Cans
This month Coca-Cola introduced a new version of its red can in Middle Eastern countries. The biggest change, it leaves out the words “Coca-Cola” all together, featuring only a white ribbon on a red can and the words “Labels are for cans, not people.” While this is part of a marketing campaign connected to social activism, it is also an interesting lesson in branding, trademarks, and source identifiers.
Not to mention the fact that Coca-Cola has famous trademarks, the beverage-giant can comfortably make this change to its cans because it owns several trademark registrations incorporating the self-described “flowing ribbon design” as a mark. This is a great example of how packaging or color schemes used in connection with products can be used as source identifiers without the use of traditional trademark text. These types of source identifiers are known as “trade dress.” If the various elements used to promote a product or service are inherently distinctive, or have acquired secondary meaning, they are entitled to protection.
So while Coca-Cola’s marketing campaign may be “Labels are for cans, not people,” the campaign also shows that labels are not necessary needed at all, so long as there are other elements that can identify a product or services.
Source: http://www.cnn.com/2015/07/07/living/coca-cola-ramadan-label-social-good-feat/index.html
About the Firm:
Klemchuk LLP is a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services. The firm focuses on serving mid-market companies seeking long-term, value-added relationships with a law firm. Learn more about experiencing law practiced differently and our local counsel practice.
The firm publishes Intellectual Property Trends (latest developments in IP law), Conversations with Innovators (interviews with thought leaders), Leaders in Law (insights from law leaders), Culture Counts (thoughts on law firm culture and business), and Legal Insights (in-depth analysis of IP, litigation, and transactional law).