30 January, 2025 Juan Fernando Marqués

The Curious Case of Nestea and Fuze Tea: When Industrial Property Changes the Flavor of an Iconic Brand

Imagine walking into a supermarket, looking for your favorite refreshing iced tea, and finding that although the bottle still says Nestea, the flavor is no longer exactly the same. Even worse: if you want the original taste, you have to buy a product called Fuze Tea. This is not a case of misleading marketing or a distribution error—it is a strange consequence of industrial property.

This curious commercial tangle began in 2017, when the alliance between Nestlé and The Coca-Cola Company came to an end. For decades, both companies had shared the exploitation of the Nestea brand, one of the most recognized in the ready-to-drink tea segment. However, after their separation, they encountered a typical dilemma in the world of industrial property: Nestlé owned the Nestea brand, but Coca-Cola owned the original formula of the beverage.

The result was that each company took different paths: Coca-Cola launched Fuze Tea, using the original Nestea formula (with some adaptations), while Nestlé reformulated its own Nestea to continue selling it without infringing on its former partner’s industrial property rights. As a result, consumers found themselves in a paradoxical situation: the Nestea they had always known was now called Fuze Tea, and the Nestea they could buy today no longer tasted the same.

Public reaction was varied. Many consumers felt that Fuze Tea was the true successor to Nestea in terms of flavor, although the name change caused confusion. Others stuck with the new version of Nestea, albeit with the feeling that “something had changed.” This situation also highlights a fascinating aspect of industrial property: sometimes, a brand and a product are not the same thing, and they can be separated with unexpected effects on consumers.

Ultimately, this case demonstrates how intellectual property rights and corporate strategies can transform what seems unchangeable. Now, the choice is in the hands of the consumer: Do you prefer the name you’ve always known or the taste you’ve always loved?

At Marqués & Ferrer, we have extensive experience in managing and advising on trademark registrations. Our team of professionals is ready to guide you in the proper selection of classes to maximize your brand’s protection in the market.

For more information, do not hesitate to contact us. Shall we begin?

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