Coca-Cola has lost a lawsuit in Colombia seeking legal protection for one of its trademarks. In a ruling that sets a precedent for trademark protection in the South American country, the Council of State rejected the U.S. multinational’s request to safeguard one of its most recognized brands in Colombia: Agua Brisa.
Coca-Cola had argued that a Colombian brand was creating confusion with its product, but the high court ultimately ruled against the company. The decision comes at a difficult time for Coca-Cola, which has also come under scrutiny in recent weeks over alleged “overexploitation” of a water concession in the municipality of La Calera, near Bogota.
Although the ruling was issued on May 2, it had not been made public until now.
Coca-Cola loses lawsuit over rights to one of its brands in Colombia
Earlier this month, Colombia’s Council of State issued a 23-page ruling rejecting Coca-Cola’s request to protect its Agua Brisa brand against alleged confusion with another Colombian brand.
Though specific details of the disputed trademark have not been made public, the decision represents a significant setback for the multinational in its efforts to safeguard its intellectual property rights in Colombia.
This ruling adds to a series of legal challenges Coca-Cola has faced in Colombia in recent years. One of the most notable cases involves the Indigenous company Coca Nasa, which produces beverages and other products derived from coca leaves.
In 2021, Coca-Cola demanded that Coca Nasa cease using the name “Coca Pola” for its craft beer, arguing it could cause confusion with its brand. However, Coca Nasa responded that the word “coca” is integral to its culture and that Coca-Cola holds no exclusive rights to it.
Additionally, in recent weeks, the U.S. multinational’s troubles in Colombia have also centered on alleged misuse through overexploitation of a water concession in La Calera, on the outskirts of Bogota.
A decade-long dispute between Coca-Cola and Alvisa Alcohol Group
The conflict between Coca-Cola and the Colombia-based Spanish company, Alvisa Alcohol Group, dates back to December 2015. At that time, the Spanish company requested approval from Colombia’s competition regulator to register the trademark “La Brisa Alvisa” for one of its products: an alcoholic beverage.
When the application was initially approved, Coca-Cola immediately filed an opposition, arguing that the proposed brand posed a risk of confusion and association with its Brisa trademark.
In January 2017, Colombia’s competition authority ruled on the case, stating that the multinational’s claim lacked merit and granted the Spanish company permission to use the name La Brisa Alvisa.
The U.S. company appealed the decision, and in June of that year, received another rejection.
However, the controversy persisted. After its request was denied, Coca-Cola challenged the decision before the Council of State. The high court, which took eight years to issue a ruling, also rejected the U.S. company’s petition.
The Council of State’s arguments in favor of Alvisa Alcohol Group
The Council of State’s ruling in favor of Alvisa Alcohol Group and against Coca-Cola rests on three main arguments. First, it found no risk of confusion or association between the brands.
The three magistrates of the high court stated that while “La Brisa Alvisa” includes the word “Brisa” (shared with Coca-Cola’s brand), it also includes “Alvisa,” which provides a “strong and sufficient” distinctive element.
“The inclusion of the word ‘Alvisa’ substantially alters the rhythm, length, and sound of the mark, giving it a more prolonged pronunciation […] ensuring consumers perceive both marks differently,” the ruling states.
It further notes that “Alvisa” is a coined word without any conceptual meaning in Spanish, “originating purely from the creativity and imagination of its authors, with no inherent conceptual meaning in the Spanish language, making it a fanciful term.”
The second argument asserts that the word “Brisa” cannot be monopolized. “Terms like ‘La,’ ‘Agua,’ and ‘Pura’ are common, generic, and descriptive […] and thus excluded from comparison. The same does not apply to ‘Brisa’ and ‘Alvisa,’ which must be analyzed in their entirety.”
Finally, as a third rationale, the Council of State determined that the contested brand has sufficient distinctiveness in its name and pertains to entirely different products: water versus an alcoholic beverage.
Though Coca-Cola demonstrated it owns a “family” of trademarks based on the term “Brisa” or “Las Brisas,” the Council concluded that “La Brisa Alvisa” did not improperly exploit this shared element.
Other rulings against Coca-Cola in Colombia
This decision marks another setback for the U.S. multinational, following a similar defeat four years ago in its lawsuit against Coca Nasa over the use of the term “coca.”
In November 2021, Coca-Cola sent a legal warning to Coca Nasa, an indigenous company of the Nasa people in Colombia, demanding that it cease using the name “Coca Pola” for its craft beer made from coca leaf.
Coca-Cola argued that the term could cause confusion with its trademark and constitute intellectual property infringement. Coca Nasa, legally registered as Tierra de Indio S.A.S., rejected the claim, defending its community’s ancestral use of the coca leaf.
The company described Coca-Cola’s action as “a form of corporate colonialism that ignores the cultural and economic rights of indigenous peoples.” They also emphasized that the word “coca” is an integral part of their identity and heritage.
The conflict reignited debates over cultural appropriation and the rights of indigenous communities in relation to large corporations.
The court’s decision was welcomed by indigenous rights activists and local brand advocates. David Curtidor, director of Coca Nasa, expressed satisfaction with the ruling and reiterated the importance of protecting the cultural rights of indigenous communities.