Foodway Challenges Dr Pepper Trademark Deprotection in Russia
A Russian distributor, Foodway, has filed a request with the Patent Disputes Chamber to strip the Dr Pepper soda trademarks of their protection, enabling imports and production of the beverage within Russia. The move aims to bring the product directly to the domestic market, but Foodway has not yet obtained the necessary permissions to proceed, according to data reported by Vedomosti with reference to Rospatent. (Source: Vedomosti)
The Patent Disputes Chamber is set to review the objection on February 28, 2023. Two weeks later, on March 14, the Intellectual Property Court will hear Foodway’s case against European Refreshments Unlimited Company ERUC, a unit tied to the global Coca-Cola entity. ERUC holds the rights to the Dr Pepper trademarks in the proceedings. (Source: Vedomosti)
A key argument from Foodway notes that if a brand’s products are not manufactured within a country for three consecutive years, the legal protection for those trademarks can lapse. The piece argues that Dr Pepper had not been produced in Russia for a considerable period, which ERUC is allegedly leveraging to retain brand ownership while declining to manufacture locally. (Source: Vedomosti)
Foodway’s director, Nikolai Komarevtsev, asserts that the company possesses the resources necessary to establish Dr Pepper production in Russia. He also points out that ERUC has not yet responded to Foodway’s objection regarding the potential transfer of manufacturing rights to the Russian Federation. (Source: Vedomosti)
According to Komarevtsev, over the past 12 years multiple legal entities have altered ownership in a way that preserves the trademark protection for the Pepper brand, even with changes to the copyright holder. Foodway maintains it stands ready and capable of bringing the drink to the Russian market if rights can be aligned for local production. (Source: Vedomosti)
Industry data from NielsenIQ cited by a major business daily indicates broader shifts in the Russian beverage market. The split among the world’s leading carbonated beverage producers—American Coca-Cola and Pepsi—has contributed to a contraction in soda sales in Russia. In the previous year, natural sugar-free beverage sales fell by roughly 10 percent, reducing their market share to about 8.5 percent. (Source: NielsenIQ via Kommersant)
These developments highlight a broader dynamic in the global beverage landscape, where brand rights, local production capabilities, and regulatory protections intersect with evolving consumer preferences. For Foodway, the core question remains whether it can secure manufacturing rights and regulatory clearance to reintroduce Dr Pepper to Russia, while ERUC continues to defend the trademark in the absence of local production. The outcome could influence similar disputes in other markets where multinational brands balance protection with regional manufacturing opportunities. (Source: Vedomosti; NielsenIQ via Kommersant)