# Peppo contempary article



## morbious_fod (May 5, 2010)

While looking through some articles that I had copies of from one of my local newspapers I found an article on the Peppo soda which had Dr. Pepper suing Coca-Cola for trademark infringement. I quickly typed it up and am posting it here. I thought a contemporary account of what happened would prove interesting.

     "Two national drink firms in brand fight

   Memphis (ap)-Two nationally known soft drink bottlers are embroiled in a court battle over a trade name. The Dr. Pepper Co. filed suit in federal court here Friday charging the Coca-Cola Bottling Company of Memphis with trademark infringement for its manufacture of â€œPeppo,â€ a soft drink similar in name and taste to Dr. Pepper.  Walter P. Armstrong, lawyer for Dr. Pepper, a Dallas firm, said the company has had its trademark, â€œDr. Pepperâ€ registered with the U.S. Patent Office since March 27, 1906.

 Armstrong said the Memphis Coca-Cola plant has manufactured â€œPeppoâ€ and distributed it here for several months, referring to it as a â€œPepper-type sodaâ€.  Armstrong said Coca-Cola â€œhas deliberately simulated the flavor of the plaintiffâ€™s primary Dr. Pepper beverage. The use by Coca-cola of â€œPeppoâ€ as a trademark is likely to cause confusion and to mistake and deceive the consuming public.â€ 

 He asked that Dr. Pepper be awarded treble whatever damages it has sustained as a result of the alleged infringement. Officials of the Memphis Coca-Cola plant said itâ€™s Memphis firm is the only Coca-cola bottling company in the country manufacturing â€œPeppo.â€ It has been in production since â€œearly this year.â€ a spokesman said, and â€œtastes essentially like Dr. Pepper.â€ Johnson City Press July 2, 1972

 Of course Peppo was the forerunner of the Mr. Pibb brand.







 The can photo is borrowed from the USAsoda.com site. This cat has a great collection of cans and bottles. http://usasoda.com/

 Now someone has to have a real good picture of the bottle.


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## morbious_fod (May 5, 2010)

Nevermind, Usasoda.com has a picture of it as well.






 The bottle photo is also borrowed from the USAsoda.com site. http://usasoda.com/


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## SODAPOPBOB (May 5, 2010)

Morb ~

 Interesting article. And if I understood it right, that law suit was in 1972. Do you know the outcome, other than "Peppo" isn't on the market today?  I've never heard of it.



> The use by Coca-cola of â€œPeppoâ€ as a trademark is likely to cause confusion and to mistake and deceive the consuming public.â€


 
 It cracks me up when I read accounts like this and they word it as if "the public" are a bunch of dummies and don't know the difference between Dr. Pepper and some other knock-off product. They must assume when we go into the market we just stand there all "confused," biting our finger nails unable to make a decision. "Oh me - oh my ... what should I do? If I don't choose the right soft drink the world will come to an end!"  Lol  [] 

 SPB


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## SODAPOPBOB (May 5, 2010)

> awarded treble


 
 You also have to wonder why they used the word "treble" instead of "triple," (Which is what the word means).  ???

 What Dr. Pepper was really worried about was that the "confused public" would like the knock-off better than the original. Especially when the knock-off sold for $1.00 a six-pack (in 1972) and the original was $1.50.

 SPB


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## morbious_fod (May 5, 2010)

Of course Coca-Cola lost the lawsuit; however, was able to rename the drink and produce it as Mr. Pibb. I like this story, because of all the grief that Coca-Cola caused so many would be competitors for the exact same use of trademark infringement cases, only to have on leveled at them for their own blatant infringement.


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## digdug (May 5, 2010)

Here is an article from June of 1972 about introduction of Mr Pibb. I think Peppo was just a flavored drink the Coca-Cola Bottling Company of Memphis offered.


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## celerycola (May 5, 2010)

*RE: Peppo Ade*

Dr. Pepper imitator 1903


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## celerycola (May 5, 2010)

*RE: Peppo Phate*

Dr. Pepper Imitator 1905


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## celerycola (May 5, 2010)

*RE: Deacon Brown*

Dr. Pepper Imitator 1908


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## wonkapete (May 5, 2010)

*RE: Deacon Brown*

Hey Morbious, I have a few of those Peppo bottles and cans.  Yep, cool story.  I hope you don't think I'm trying to hijack your thread, but Dennis had to mention Deacon Brown.  Here's a few Deacon Browns from Birmingham and Montgomery (for those that aren't familiar with them).  Notice the Montgomery one has the middle embossment; Birmingham ones only are embossed around base.






 and I even dug out an old invoice:


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## morbious_fod (May 5, 2010)

> ORIGINAL:  digdug
> 
> Here is an article from June of 1972 about introduction of Mr Pibb. I think Peppo was just a flavored drink the Coca-Cola Bottling Company of Memphis offered.


 
 Ok, popular legend claims what I did that Mr. Pibb was a result of the lawsuit; however, this article proves that wrong.

 Wonka don't worry about hijacking the thread. Part of my purpose for posting the article was to start a discussion about immitators of Dr. Pepper. And so far I personally have learned things about this legend that I didn't know before.


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## celerycola (May 5, 2010)

*REeacon Brown Waco TX*

Deacon Brown Bottle Waco TX 1908


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## celerycola (May 5, 2010)

*RE: Deacon Brown Dr. Pepper Prattville AL*

In 1909 it was determined that Waco Texas wasn't big enough for both Dr. Pepper and Deacon Brown. In some kind of swap Deacon Brown left Waco and took over the Dr. Pepper/Artesian Mfg. plant at Prattville AL. Deacon Brown's inventor J. Wm. Wells was from an old Alabama family that owned bottling plants going back to the 1860's at Mobile, Montgomery, Eufaula, Selma, and Birmingham, AL plus Columbus and Macon, GA. This was the same Wells that used the caveman hutch at Galveston TX and owned bottling plants in Mexico before taking on Dr. Pepper on it's home turf at Waco.


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## celerycola (May 5, 2010)

*RE: Deacon Brown Dr. Pepper Prattville AL*

A year later Deacon Brown moved into a new building across the river at Montgomery. They had bottling plants as far north as Philadelphia and New York City.


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## celerycola (May 5, 2010)

*RE: Deacon Brown*

They put out blue and green seltzer bottles and signs, and serving and tip trays. I bought a dozen of these tip trays for six bucks apiece about forty years ago.


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## celerycola (May 5, 2010)

*RE: Deacon Brown*

Their ads in the bottlers magazines were pretty risque for the time. I like the one with the Deacon character surrounded by young ladies and the slogan "try a mild flirtation with the Deacon."


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## SODAPOPBOB (May 5, 2010)

*RE: Deacon Brown*

I was looking around for a descent color photo of the first Mr. Pibb bottle, (1972 ?) and although I haven't found the right one yet, I did find this link to a list of "other" Dr Pepper knock-offs. Check it out. It also deals with a taste test the guy conducted.

 SPB

http://www.kibo.com/kibofood/dr_pepper.html


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## wonkapete (May 5, 2010)

Man, I love Pibb stuff.  I've always picked up Pibb pieces when I can.  Here's a few items..

 Random bottles..the middle longneck is a prototype..





 I love these guys..






 and..






 syrup can..






 A really neat item - A prototype bottle, in original mailing box and letter, from Libery Glass to Coke, basically saying, "Here's our one way bottle for 1974, how do you like it?"






 Few cans with cooler - notice the paper stickers wrapped around each can talking about the 'new taste'.






 Couple throwaways.. the green one is an error bottle of course






 A seat cushion in original mailer






 Random stuff... OK, that's probably enough


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## SODAPOPBOB (May 6, 2010)

Dear Mr. Pibbs ~

 Wow! What can I say?  You win the award for the best posting of the week! Great photos. []

 That was a real treat ... but ,  []  I still don't like the taste of your beverage. I prefer Dr Pepper. [8|]

 Sorry and thanks at the same time.  [] 

 SPB


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## morbious_fod (May 6, 2010)

Great bottles Wonka as always. Thanks to Celery Cola as well!


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## SODAPOPBOB (May 6, 2010)

wonkapete ~

 Am I reading the large can right ... "One Gallon Liquid?" I can't quite make out the scale in size. Is the can itself one gallon of syrup, or when it's mixed with carbonated water it makes one gallon? I'm assuming it must be for commercial fountain use. It's just that I've never heard of soda syrup coming in a can, especially such a large one. Does it have a handle or special spout on top? It's like someone said earlier ... "Inquring minds want to know."

 Thanks. And I hope you didn't mind my teasing you about preferring Dr Pepper. Actually, I drink classic Coca Cola with a little rum occasionally, and only keep D.P. on hand for my daughter who likes it. 

 SPB


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## morbious_fod (May 6, 2010)

The can itself it one gallon capacity. These cans were usually filled with the bases for the drinks, which is most likely what this one was used for.


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## wonkapete (May 6, 2010)

Yep, this is a 1 gallon can and was for commercial use.  Over the years, syrup came in stoneware jugs, kegs, glass jugs, plastic jugs, bottles, cans, and even cardboard containers.  For a while, I was on a syrup container collecting streak; maybe I should start that thread.  Here's a pic of more of my gallon cans.  I've always liked these too cause they are so colorful.


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## wonkapete (May 6, 2010)

Oh, and to answer your other question, they were opened with a can or  bottle opener, just like the old Hawaiian Punch cans.


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