Foto: mercadonegro.pe
In 2015, Bell’s decided to enter the competitive soft drink market by launching its products Cola Negra and Cola Amarilla. However, this strategy generated controversy due to the similarity in the design of their packaging with those of leading brands Coca-Cola and Inca Kola. The resemblance in colors and bottle shapes raised concerns, as some consumers may have associated these products with the established brands, affecting the perception of Bell’s business origin.
That same year, Supermercados Peruanos S.A., which marketed Bell’s products, applied for the registration of the Cola Negra Bell’s and Cola Amarilla Bell’s trademarks. The Coca-Cola Company filed an opposition, arguing that these trademarks resembled its own, particularly due to the similar background label and font style. Coca-Cola claimed that the application had been made in bad faith, seeking to unfairly take advantage of the reputation of its well-known brands. Additionally, Coca-Cola sent a formal cease-and-desist letter to Supermercados Peruanos S.A., demanding that they stop using the signs in the market, as they were causing confusion and taking advantage of its brands’ reputation.
The soft drink market in Peru was dominated by Coca-Cola and Inca Kola, which together accounted for more than 90% of consumption in the country. By introducing products with similar designs, Bell’s seemed to be attempting to leverage the positioning and loyalty that these brands had built over the years. This imitation resulted in confusion for some consumers, who may have purchased Bell’s products under the impression that they were Coca-Cola or Inca Kola, affecting consumer trust.
Ultimately, in response to the opposition and legal actions, Supermercados Peruanos S.A. decided to withdraw both trademark applications. Although they initially argued that there weren’t sufficient similarities to cause confusion, they chose to abandon the registrations for Cola Negra Bell’s and Cola Amarilla Bell’s, thus avoiding a prolonged legal dispute.