Dr. Pepper arrives at a hot settlement

FOR IMMEDIATE RELEASE
Bangalore, Karnataka, India, Republic of (Free-Press-Release.com) January 16, 2012 -- Dr. Pepper Bottling Co. based at Dublin, Texas (hereinafter referred to as Dublins plant) established in 1891, is engaged in the production and distribution of bottled soda in the United States. The company has to its credit a legacy of 121 years. The company is well known for its distinct range of sodas made of pure sugarcane sugar. Some of its popular products include Triple XXX Root Beer and Nugrape. Along with manufacturing different varieties of sodas, the company also operates old Doc’s soda shop and W.P.Kloster Museum (world’s largest Dr.Pepper memorabilia collection).

Dr. Pepper Snapple Group, Inc based in Plano (Texas) is the third largest producer of varied beverages in North America and Caribbean. The said company has an annual income of about $ 7 million. Some popular and sought after bands of the company are Mott’s apple juice, Snapple tea, 7UP, Canada Dry and Sunkist soda. Dr. Pepper started franchising its products in the year 1925.

A franchise agreement was entered into between Dr. Pepper and Dublins plant for the distribution of Dr. Peppers soft drinks. During late 1970’s all most all the American soft drinks bottlers used high-fructose corn syrup (HFCS) sweeteners instead of sugarcane sugar, but Dublins plant followed the original recipe by using cane sugar and named it as “Dublin Dr. Pepper”. The agreement restricted the geographical limits of Dublin plant’s soft drink distribution to 44-mile radius of Dublin which included Stephenville, Tolar, Comanche and Hico. The popularity of Dublins soft drink was spread beyond the boundaries and every year approximately 80,000 tourist attracted by old fashioned soda visit Dublins. For decades a free bottle of Dublin Dr. Pepper was given to every visitor of First National Bank of Dubline.

In June 2011 the parent company (Dr. Pepper Snapple Group) filed a suit against Dublin’s plant for Trademark dilution before the federal court of Sherman. Dr. Pepper alleged that Dublins plant is diluting Dr. Pepper brand and selling the same with the label “Dublin Dr. Pepper”, beyond the approved territory. Company also contented that Dublin plant is using their logo without authorization. Dr. Pepper argued that the word “Dublin” must be removed form the label and it should stop selling soda beyond the approved territory.

Soon after the suit was filed, Dublin’s plant decided to rebut the contentions raised by the giant corporate. A large number of people joined to express their support for Dublin’s plant. Even a protest song and a video were recorded illustrating the values of the town. Legal defense fund was also launched in order to support Dr Dublin’s plant.

Finally after all the discussions made on 11 January 2012 both the companies agreed to settle the dispute and entered into a settlement agreement. The settlement agreement permitted Dr.Pepper Snapple group to take back the franchise rights that was earlier granted to Dublin’ plant. As per the agreement only one unit of Dr. Pepper shall distribute Dr. Pepper sweetened with cane sugar in Dublin (former Dublin plant territory).

The agreement also led to the change in the name of Dublin’s plant as “Dublin Bottling Works”. Henceforth, the company will produce its own brand of soft drinks and will no longer produce Dublin Dr. Pepper. "Our main focus has always been on protecting the strength and integrity of the Dr Pepper trademark" said Rodger Collins, president of Dr Pepper Snapple packaged beverages. "We're pleased to reach an agreement that accomplishes that while also preserving the history and the special relationship Dr Pepper has with the Dublin community."
Author: Roopa B


To know more about the Intellectual Property services offered by Brain League, please visit Brain League.