Why Can Pepsi Use The Coca-cola Registered Trademark In Their Commercials?
Posted by Copyright Law Enquirer on July 13th, 2009 at 04:26am
Someone told me it’s because Pepsi owns Coke. True? If not then how can they get around the trademark laws when you see a coke truck, or hat, or can in the Pepsi commercials?
Tags: Cocacola, Commercials, Pepsi, Registered, Their, Trademark
Under trademark law
9 Comments for Why Can Pepsi Use The Coca-cola Registered Trademark In Their Commercials?
1. TM Express™ | July 13th, 2009 at 4:33 am
This is called nominative use or comparative advertising. Here’s what Wiki says:
“Nominative use is a term a defense to trademark infringement in the United States, by which a person may use the trademark of another as a reference to describe the other product, or to compare it to their own.”
Check this link: http://www4.law.cornell.edu/uscode/html/… for further info
2. boop7777 | July 13th, 2009 at 9:45 am
a better question is—why would they want to?
3. Cool_dud | July 13th, 2009 at 4:10 pm
THEY DONT! PEPSI TASTES GOOD! I SAW THE COKE POLAR BEAR DRINKING PEPSI!!!
4. ▲▼▲▼ | July 13th, 2009 at 8:19 pm
how am i supposed to know?
5. Free WP Plugins | July 14th, 2009 at 2:37 am
i dont remember pepsi using coke registered trademark
but pepsi does not own coca cola
6. Iron Rider | July 14th, 2009 at 4:35 am
Pepsi does not own coke, they can use the image as long as they don’t use the name.
7. ? | July 14th, 2009 at 8:40 am
I think there are other laws not prohibiting competitive companies from using other’s likenesses. I’m a big believer in it being nothing more than demographic area. When living in Texas, I hardly ever saw a Pepsi can or advertisment. Now i’m back in Indiana, and the same goes for Coke. Different demographs like different things.
Pepsi does not own Coke. If ownership were an issue, Coke is produced and distributed more throughout the world than Pepsi. Pepsi owns Pizza Hut, KFC, Taco Bell, etc.
8. Mikey | July 14th, 2009 at 2:05 pm
cause they are not giving them a bad name or falsifying information or ruining their good name so its perfectly fine
9. Zorro | July 14th, 2009 at 5:35 pm
Pepsi and Coke are seperate rival companies. Pepsi, Coke, Oreo, and a lot of other products names are so widely used that it is not usually considered illegal to use them as long as they are not viciously damaging the image or falsely representing themselves as the product company . It is also free advertisement and most companies spend millions on ads each year.
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