PEPSI-CO VS. Slovak COLA BLUE – BLUE COLA, its origin and history 

Photos related to this story can be found in the photo gallery. 

 

10 YEARS ANNIVERSARY

10 years ago, a complaint was filed on Constitutional Court by my legal representative filing number RVP 2274/09 from 22. 12. 2009 which is registered under file number ÚS 472/2010. We haven’t received an answer since.

An inventory of the story under the name CAUZA PEPSI BLUE might also be suitable as a theme for a film, it would only be difficult to determine under what kind of genre such a film could be included.

This case carries elements of the genre from adventure to horror and the drama is that it is a reality in Slovakia.

The effort to implement blue cola, ie cola for Slovakia in blue, upon accession to the EU and the visibility of Slovakia in such a historical event brought an interesting situation where the case was taken over by a certain power in the state. There was economic damage without the possibility of protection against this power.

Without the principle of justice and the principle of legal certainty, there can probably be no patent office and state that takes fees for its actions and creates a sense of security on the part of the law and the state for the author or innovator and then stands as if opposed to its employees own written rules of the game, which apparently no longer apply to everyone equally. State will organize a court hearing without allowing the plaintiff to attend and will decide for himself.

The best protection of the idea in Slovakia is if you do not say it.

Limited series and world championship for the PEPSI Group and liquidation for the author. In the course of 2003, the planned production of colored cola beverages was stopped for Slovakia and for partners in the surrounding countries. The reason was legal uncertainty in further proceedings in this project, which apparently began to be blocked by a certain power in the state.

In 2009, it was decided to apply to the Constitutional Court for violations of fundamental human rights and freedoms under Article 46, paragraph 1 of the Constitution of the Slovak Republic, and 2019 is the 10th anniversary of this submission and this complaint, which is still unanswered. The economic damage and the continuing damage directly related to it, the constant damage to the good name on which each company stands, led me to the decision to publish the origin of blue cola on the basis of documents and supporting documents.

During the period from the inception of the dispute to the present day, the state has separated the inseparable guarantors from the law and the Constitution of the Slovak Republic from our property of a company intended for business for the benefit of third parties, which sold this property. The unenforceability of our law in several ways significantly affected the economy of the company and, last but not least, the family.

In the given case, Slovakia probably stood against Slovakia against its citizen and probably at least against the Slovak national color. For comparison, the Slovak Double Cross also stands on the elevated top of the blue three hills.

Legal uncertainty has hindered and continues to hinder business in Slovakia. It is probably impossible to invest in business by entrepreneurs – investors, unless the state power protects their business intentions, but apparently with a good project that opened up competition to a multinational concern takes over the damage and economic liquidation of the author.

Initiation of a lawsuit under the name CAUSA PEPSI BLUE /// Beginnings of the production of blue-flavored lemonade in color blue

The Slovak Republic has its own symbol as part of the ongoing accession to the EU, which aims to make another plan for the production of beverages in color versions with pilot control of cola color. Color change of other known products taking place before the formation of colored cola beverages.

The high interest and marketability of CURACAO BLUE liqueur provided the basis for experimenting with the colors of well-known products such as ZUBROVKA for ROSÉ ZUBROVKA, KORD VODKA for purple VODKA CASSIS or for red VODKA Cherry, yellow RUM DAIQUIRI, etc.

This also provided the basis for the idea of colored non-alcoholic cola drinks with a pilot production of blue cola.

Due to the courage of production and the change of color of cola, there was no producer in Slovakia in the beginning who would like to enter the project together. With the words Who ever saw that COLA was BLUE, a manufacturer from the Czech Republic finally joined the cooperation. By an agreement on exclusive production and cooperation in the representation of this producer for Slovakia and the surrounding countries, he was provided with KNOW-HOW for the production of blue cola.

Jožko Stümpel and later N-radio under the direction of Jarek Dóczy were also very helpful to us with advertising for products at that time.

Due to the intervention of the PEPSI Group with its PEPSI BLUE production in Slovakia and the Czech Republic, was sent a letter in 2002 to the company PEPSI-COLA, s.r.o. Slovakia. The group’s response was brief and worded that they were doing something else.

Solution of colored cola drinks e.g. in blue it was not known in Europe at that time and the fact that it was not known in America and elsewhere in the world was confirmed and acknowledged by the PEPSI concern itself, as it declared and presented the development of PEPSI BLUE on its website since August 2001.

The pilot blue cola came into circulation first in the Czech Republic and then in Slovakia. Despite the unresolved condition with product components, in 1998 the manufacturer in the Czech Republic began to verify the production and sale of products, which was reported on in Prague Radio  the unique blue cola, and was organized a meeting where the blue cola was presented.

The market research was above expectations. Due to the ownership of the new solution during the cooperation with the manufacturer from the Czech Republic, which received the know-how for the production of blue cola, the registration of blue cola / colored cola drinks / at the industrial property office from Slovakia was transferred to the Czech Republic and explored the possibility of expansion to other countries in the time limit guaranteed by the law of extension of the patent.

In this matter, I would like to point out that there were changes at that time, where Slovakia moved and opened its own Department of industrial property for Slovakia in Banská Bystrica.

In Slovakia, a specialist was entrusted with the registration of the application for colored cola drinks, who was entrusted with such work directly by the Patent Office of the Slovak Republic. As an expert in the field of chemistry after the litigation in 2006, she also issued her written opinion.

To our letter sent to Pepsi-CO. in november 2002, a response came from the group ‘s representatives that they were making something different that was not the answer for us, as it was impossible to make a cola – flavored blue lemonade so that it was not blue. The components in the production of the cola beverage until the time of production of the first blue cola in such production were not known, as the Pepsi-CO concern also admitted. Who did something else was a Slovak company, as the cola had its characteristic brown color with its historical telling value.

In other words, when two do the same thing, it is never the same thing, but in the production of blue cola, the blue cola must be made lighter or darker, but blue. This fact applies to all colors. The change in color changes the informative value of the product, which I confirm, as well as the production of PEPSI GOLD on the occasion of the World Championships, where each of the athletes wants to achieve GOLD. Claudia Schiffer and Thierry Henry took part in the commercial at the time. In both hands of these celebrities was yellow cola, which is in gold and created an impression of competitiveness.

A WRITTEN ACCOUNT STATEMENT was issued by Pepsi-CO.’s Intellectual Property Representative in September 2007, stating that he has worked in the Company in various positions since 1986 and is authorized to make this affidavit on behalf of her company.

In one part it states that PEPSI BLUE was a product with limited costs and constant production in the Slovak Republic. The sale was to end after the sale of a number of the products listed.

This document states that the company started production of PEPSI BLUE in Slovakia on 28 October 2002, distribution started on 1 November 2002 and the last time PEPSI BLUE was produced in Slovakia on 16 December 2002. It is further stated that the company stopped sales of that product at the beginning of February 2003 and it is emphasized that the vast majority of the products were sold in November and December 2002.

This letter confirmed, to the best of its knowledge, information and belief, that the facts set out in that document were true and correct. The document is dated August 24, 2007.

In order to form an opinion, I recommend watching the broadcast of the All-Slovak TV Markíza dated 06.05.2004, which is also located on this website. The cameraman’s shot is on lemonade with cola flavor, which go in order: green, yellow, red, blue.

The name of the solution of the improvement proposal for COLD BEVERAGES filed on 09.05.2001 at the Patent Office in Slovakia is: Non-alcoholic cola drinks in color versions under no. SK 2964 U

Production of the PEPSI concern:

October 2002 – production of PEPSI BLUE and delivery to the sales network in Slovakia, worldwide – in August 2001

June 2005 – production of PEPSI SPICE and delivery to the sales network in Slovakia and probably also in the world

June 2006 – production of PEPSI GOLD and delivery to the sales network in Slovakia and probably also in the world

In September 2007, the BRATISLAVA REGIONAL COURT set out a hearing in which I was unable to attend due to my incapacity for work and sent a notice of this situation to the court well in advance, requesting that the hearing be postponed to another date.

The court was hearing in my absence against my will and I was recognized as an unsuccessful party of what I did not know, and in October I sent a document from the Social Insurance Agency to the court about the termination of incapacity for work. An appeal was lodged against this court proceeding and its decision within the set time limit.

The deprivation of the right to appear in court will not change, among other things, the fact that Pepsi-CO’s Attorney-in-Chief of the Intellectual Property Representative acknowledged that my right to be registered with the Patent Office had been violated and was apparently violated in both 2002 and 2005 and 2006.

In any case, I would appeal in court, where they prevented me from attending, that a color also has a visual telling value, and a change in color is a change from one state to another, and each color has its own telling value. The known state at the time of production of the pilot blue cola for Pepsi-CO was dark brown with its informative value of the known cola drink. The registration of colored cola beverages at the patent office with the production of pilot blue cola changed the production recipe and the overall character of cola beverages and their informative value.

The technique of making cola beverages is generally known, what was not known was the color solution of cola beverages. . After stopping by this body of state power, which is likely to happen, the driver must firmly claim that he has passed the paint and the law will probably be fulfilled.

The emergence of colored drinks is in the time horizon since 1992, which are directly related to the emergence of colored cola drinks in the Czech Republic and Slovakia

1992 – 1997 Cooperation with two prominent and at that time already known companies in the former Czechoslovakia in the field of beverages in the form of exclusive representation of the company Kántor for Slovakia

1994 Certification of alcoholic beverages for sale on the Slovak market, namely: To the well-known ZUBROVKA until 1989 from TUZEX with bison grass in a pear bottle, the ROSÉ ZUBROVKA in pink was added

August 1997 Signing of an exclusive contract for Slovakia with a producer of soft drinks in the Czech Republic

1998 Manufacturer’s declaration on the supply of know-how for the production of blue cola

1998 Establishment / Company standard / drinks with cola flavor in blue – BLUE COLA in the Czech Republic

May 1998 Extension of Slovakia’s exclusive representation for Hungary

13.07. 1998 Radio Prague in the Czech Republic reports on the unique BLUE COLA

The period when the limits were considered / so-called quotas / and limits on the import of water and beverages to Slovakia have been introduced

1999 – 2000 Expansion of Slovakia’s exclusive distribution and agreement with a producer in the Czech Republic for new foreign business partners

May 2000 Certification of soft drinks for sale on the Slovak market, namely: Blue cola – lemonade with cola flavor in blue

May 2001 Registration of Industrial Property Office in Slovakia for colored cola drinks

March 2002 Extension of the application to the PATENT OFFICE in the Czech Republic with the right of priority from 2001

October 2002 production of PEPSI BLUE and delivery to the sales network in Slovakia and in the world since August 2001

June 2003 Letter to the PEPSI Group from our legal representation and notice that Modrá cola is one of the solutions f. Kantor

december 2003 Filing an action at the REGIONAL COURT OF BRATISLAVA

May 2004 BRATISLAVA REGIONAL COURT – order of the court to initiate proceedings

May 2004 BROADCASTING TV MARKÍZA AND SLOVAK TELEVISION WITH PRESENTATION OF THE SCOPE OF PRODUCTION OF COLORED COLOR DRINKS, the cameraman’s shot is on lemonades with cola flavor, which go in order: green, yellow, red, blue.

August 2004 REQUEST FOR DELETATION BY THE PATENT OFFICE BY PEPSI-COLA

This month could be marked as a milestone in the carousel of proceedings for the rescue of blue cola for Slovakia. In this inventory, after that date, the Patent Office enters with its assertion that the syrup for the production of a beverage is solid, despite the fact that the records were kept by an employee authorized by that office. The technique of producing cola beverages is generally known, what was not known was the color solution of cola beverages and the second round of the state power is spinning over to erase this improvement proposal for cola beverages. This date is followed by about 36 acts or legal proceedings, including courts, where there are no answers from previous proceedings, but the decision of the court in BRATISLAVA will be made without the possibility of the plaintiff to participate in the court proceedings.

20.02.2006 : unauthorized article in British letters, which is still accessible: https://legacy.blisty.cz/art/27138.html

OUR DECLARATION by the Intellectual Property Representative for PepsiCO was issued in September 2007

September 2007 proceedings of the court in Bratislava without allowing the presence of our party, ie the plaintiff in these proceedings

December 2009 COMPLAINT TO THE CONSTITUTIONAL COURT filed in December 2009 and we have been waiting for an answer since then.

We would like to welcome on our side a business partner to help with the current situation and willingness to help with the global publication of a true story based on documents and facts, where on the one hand is a multinational concern and world-class stars and on the other a Slovak businessman striving for justice and preserving their rights in Slovakia.