Coke's Fight to Trademark `Zero' Rebuffed on Dr. Pepper Appeal
In a bitter branding battle, an appeals court sided with Coca-Cola Co.’s rivals and ordered a reconsideration of Coke’s claim that “Zero” is distinctive to its brand. The U.S. Court of Appeals for the Federal Circuit on Wednesday granted Dr. Pepper Snapple Group Inc. a new opportunity to challenge 17 of Coca-Cola’s trademark registrations that use Zero in the brand name. Circuit Judge Kathleen O’Malley said that the Trademark Trial and Appeal Board had “erred” in a case brought by the Royal Crown Co., a Dr. Pepper subsidiary, for failing to consider whether consumers perceived the mark as being a descriptive term as opposed to a distinct brand relation with Coca-Cola.