Coca-Cola® soda has been a favorite of ours for quite some time . . . and not just from a taste standpoint. The registered Coca-Cola® mark with respect to soda products provides a great example in discussing trademark law. Additionally, the formula behind the Coca-Cola® soda is an excellent tale of trade secret protection. We often share the story that only two people at the Coca-Cola® company know how to mix the secret “7X flavoring ingredient” at any given time. This is certainly one way of taking reasonable steps to maintain the secrecy of the information!
Interestingly, this recent article discusses the discovery by producers of the radio program This American Life of what appears to be a photo of the original soda formulation. This photo could render the “trade secret” formulation available for the public to freely make and use. When the discovered formula was taste-tested, however, it was apparently close . . . but not exactly the same.
Trade secrets, when used properly, can be a useful form of intellectual property protection. However, this article illustrates one negative aspect of trade secret protection, which is information that becomes publicly available or is otherwise reverse-engineered (assuming no misappropriation or theft of the trade secret under state laws), can limit one’s right to claim and protect the information as “trade secret”.
For those who are interested in making some original Coca-Cola® soda in their garage and/or bathtub this evening, the “secret” formula (according to the article) is as follows:
Fluid extract of Coca: 3 drams USP
Citric acid: 3 oz
Caffeine: 1 oz
Sugar: 30 (unclear quantity)
Water: 2.5 gal
Lime juice: 2 pints, 1 quart
Vanilla: 1 oz
Caramel: 1.5 oz or more for color
The secret 7X flavor (use 2 oz of flavor to 5 gals syrup):
Alcohol: 8 oz
Orange oil: 20 drops
Lemon oil: 30 drops
Nutmeg oil: 10 drops
Coriander: 5 drops
Neroli: 10 drops
Cinnamon: 10 drops