bottle of Coke
Intellectual Property lessons from a
Most of us have developed an unhealthy addiction to it but Coca Cola is arguably one of the world’s most recognizable beverages. A brand that was founded in 1892 and continues to remain a fixture in our everyday lives should be of interest to any business owner seeking to create a product that has longevity. A key reason for Coca Cola’s staying power in the market has been its protection of its intellectual property. Strictly defined, intellectual property refers to the idea, invention or process that derives from the work of the mind or intellect (Merriam-Webster). Protecting intellectual property safeguards an individual from having aspects of their business stolen by another. What does that bottle of Coke have to teach you about intellectual property? Keep reading to find out.
TRADEMARK Trademarks are those words, symbols and designs that are used to distinguish a product or company from another. It allows the owner to have total rights over the use of the mark and guarantees the rights of the owner to sue in court should someone else try to copy or take advantage of their mark. Coca Cola trademarked its logo in 1886 and each label can be seen carrying a ™ symbol reflective of this status. In 2013 Coca Cola was able to successfully defend against Harris International who launched a line called “Rhiam Cola”. Their bottle bared similar designs to Coca Cola and as a result the Coca Cola claimed it infringed on their trademarking. They were thus able to successfully defend its brand due to their trademark protection.
COPYRIGHT Copyright is the type of intellectual property that covers creative work. It protects the owner from the illegal copying or distribution of print media, designs and musical productions by others. Copyright protection is reserved for works of art. Therefore it is unsurprising that Coca Cola has a copyright protection for areas like print where its labels and other forms of advertising are legally protected.
patents Coca Cola has both a design patent and utility patent. Patents are valid for a limited period of time and protects the invention of the owner. Design patent covers the industrial design of a product. Coca Cola has a design patent on the structure of its bottles with its first design patent being granted in 1923. Whilst design patents protect the look of the product, utility patents protect the way the product is used. Coca Cola also has a utility patent. This utility patent covers the tamper resistant caps found on their bottles.
TRADE SECRETS Perhaps the most interest thing about Coca Cola is the brand does not have a patent on its recipe. Patent application requires the owner to submit how the item is constructed or formulated. Patents are also time limited. Trade secrets, while not as secure as the other forms of intellectual property previously highlighted, require neither documentation detailing product construction nor are they limited by time. Yet, the exact Coca Cola recipe has remained a secret over the years. Trade secrets include that which helps a company have an advantage over another and may include recipes, business strategies and distribution methods. Trade secrets are covered in law primarily under the protection of confidential information. Coca Cola themselves claim to have the world’s most guarded secret and the recipe is kept in Atlanta secured behind a vault.
Ultimately, by having a truly distinctive product, Coca Cola has been able to remain easily separate from its competitors. This has contributed to its staying power in the market. A valuable lesson for any business owner.
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