A small soda company is suing Coca-Cola for trademark infringement. And they’re wrong.

Cricket Cola’s tagline is “happiness in a bottle” and has been using the phrase for the past 22 months.

In unveiling its latest campaign, “The Coke Side of Life,” the marketer described its concept as aiming to demonstrate how Coke is akin to “happiness in a bottle.” From what we can tell, this took place in a press release. Coke claims to not have used the phrase in any advertising.

A statement in a press release isn’t trademark infringement and Cricket Cola, is, as Coke said in a statement, using this as an, “opportunity to gain publicity and to create negative press around our campaign and brand.”

Cricket Cola is a gourmet soda made with green tea, kola nut and cane suga brewed by a bunch of whiney pants who should spend less time threatening to file frivolous lawsuits and more time coming up with creative ideas to actually market their product and not just their attitude.

“Tiny Cricket Cola Aims Legal Slingshot at Coke” [AdAge via AdRag]

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