According to a letter written by Coca-Cola lawyers in Colombia, the global giant has asked the Nasa community to
cease and definitively refrain from using the name Coca Pola or any other similar term which could be confused with the trademarks held by Coca-Cola.
Its use could
go against the trademark law in Colombia and
also constitute a violation of the law on unfair competition.
The local rules of
intellectual property allow
bring a civil action for trademark infringement against unauthorized use, warns the letter, dated November 26 and written by the law firm Brigard Castro.
The beer, brewed by the Nasa Indians of the Cauca department, has a name
very similar in spelling and phonetics to my client’s brand, which could lead to confusion in the market, adds the letter.
The case was revealed on Wednesday by the Colombian daily. El Spectator.
Coca Pola is a beer produced by the Coca Nasa Company, an indigenous food company, traditional medicines, aromatic drinks and other products made from the coca leaf, a plant sacred to indigenous communities.
Its name comes from the term
pola, which means beer in Colombia, and
Coca, diminutive of the plant which is the raw material of cocaine. The South American country is the world’s largest producer of this drug.
For David Curtidor, legal manager of Coca Nasa, this is not the first time that the American multinational threatens them legally.
We will go as far as Coca-Cola takes us. We will dance to whatever tune they play. If they threaten us with our very existence, we will resist, he assured.
Producing 7,000 beers per month, Coca Pola has been in existence for four years and employs around twenty people.
The multinational addressed the letter to Tierra de Indio, a distributor of the drink, and gave him 10 working days to respond to the request.
They will likely take legal action on Tuesday or Wednesday., commented Mr. Curtidor.
And since we are not going to stop using it, we will wait for the trial and we will respond. […] It may sound a little rude, but we are not afraid of them, warned the representative of the native company.