Coca-Cola fired the first salvo in the famous war of the colas, and Pepsi has responded almost instantaneously by slapping a legal notice for infringing on its copyright -- Yeh Dil Mange More -- which was used in the Thums Up commercial on Sony Entertainment Television.
A Thums Up teaser ad aired on February 23 as part of the "Grow up to the Thums Up Challenge", which took potshots at Pepsi on the taste platform, has been found unpalatable and unfit for consumption by the latter. Pepsi on February 24 responded almost immediately, slapping a legal notice for infringing on its copyright -- Yeh Dil Mange More -- which was used in the Thums Up commercial on Sony Entertainment Television.
The Thumps Up ad, featuring Bollywood star Salman Khan, dismisses Pepsi as a "kid's drink" and uses the catchphrase Yeh Dil Mange More A Ha! for effect. The storyline in the present Thums Up ad shows Pepsi being too sweet in a blind test by a teenage consumer. A copy of the legal notice had also been sent to Sony and Prasar Bharti Corporation.
The legal notice, reportedly, contends that the catchphrase Yeh Dil Mange More is an original work of Pepsi and is registered in its favour under the Copyrights Act, 1957. Thus, the use of this phrase by anyone for commercial gain in any advertisement is a clear infringement of the Act. The legal notice further points out that Pepsi has been defamed and denigrated in the said commercial by miming and use of the catchphrase for promoting Thums Up and as such constitutes unfair competition.
It has, therefore, also sought to refrain Coke from using the catchphrase in its future advertisements.
This is the first time that Coke has taken a proactive approach in openly challenging Pepsi. Usually, it was always Pepsi, which poked fun at various Coke brands in its commercials over the last few years.