Coca Cola Company Threatens to Sue Norwegian Local Producer Tøyen-Cola and Jallasprite

Photo: Foto: Anders Høilund / Vårt Oslo

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The Coca-Cola Company wants local brand Tøyen-Cola’s new product Jallasprite to be banned with the claim of trademark infringement and violation of the marketing act.

According to Vårt Oslo’s report, Jallasprite and Tøyen-Cola’s producer Jarle Hollerud has been informed by Coca-Cola Company that the case will be taken to the district court in Oslo, if he does not stop using the name Jallasprite before Friday.

The Coca-Cola Company also requires that all bottles labeled Jallasprite are removed from the stores and that all labels and marketing materials are destroyed.

Sprite is a word from the dictionary

Sprite is a word in English meaning spirit; soul and a computer graphic which may be moved on-screen and otherwise manipulated as a single entity. We believe that Coca-Cola can not own this word, “said Jarle Hollerud to Vårt Oslo.

On the other hand, Coca Cola asks Holler to pull out his patent application for Jallasprite bottles.

– We wrote in a letter to Coca-Cola, almost four months ago, that we were open to change the name of Jallasprite. However, we first would sell the stocks with bottles labeled Jallasprite before any name change. We did not hear anything from them until today. We have responded to all inquiries and have been open to dialogue all the time, “says Hollerud.

The Patent Board agrees with Coca-Cola

But the Norwegian Patent Office has also found that the possibility of confusion between Sprite and Jallasprite is high after Coca-Cola has asked to get an assessment of whether the brands can be confused.

The producer of Jallasprite on the other hand claims that the public is able to distinguish Sprite from Jallasprite.

– One drink comes in a plastic bottle, the other is in a brown glass bottle. The logos are completely different, and the customers call our product with shortened names such as Jalla or Jallabrus. I do not think it’s easy to mix these products. It is easy to see that they come from different producers, “says Hollerud.

Tøyen Cola – A Local Success Story

Tøyen-Cola has become a well-known soft drink brand in in Oslo recently. The brand, started with a couple of bottles for sale at kiosks in the eastern part of Oslo, has now become a popular product in the big chains and restaurants.

They have also recently introduced their lemon flavored Jallasprite product. The company has doubled the revenue in 2017.

What makes Tøyen Cola unique is that the ingredient of the product is open source and recipe of the drink is found on all bottles.

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