4. Dr. Pepper is a very popular carbonated beverage in the southern and southwes

Question

4. Dr. Pepper is a very popular carbonated beverage in the southern and southwestern United States. Dr. Pepper is not easy to get in China, but it is sold here. Dr. Pepper is seeking to expand its sales here, and as it does so, it comes to Zhejiang Province, where it finds another drink being sold in local stores that it finds upsetting. The picture below shows a picture of the original Dr. Pepper can, and the other can. What legal claims, if any, does Dr. Pepper have here in China against the maker of the other drink? - Dr er ep ep 3

Explanation / Answer

Dr. Pepper will have a case of ‘trademark infringement’ against the maker of the other drink in China. The can of the other drink is strikingly similar to Dr. Pepper’s can and this is most likely to cause confusion in the mind of consumers. Using a can similar to Dr. Pepper’s can is the unauthorized use of Dr. Pepper’s trademark.

In this case Dr. Pepper can file a civil action against the makers of the other drink to get the other maker stop using Dr. Pepper’s trademark and to get monetary relief as well.

Dr. Pepper will only have to prove in court that it owns the valid mark and whose use by the other maker is not authorized by Dr. Pepper.

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