The Lemon Factory, the Majorcan company which makes Pep Lemon and other soft drinks using the Pep name, such as Pep Cola, is celebrating the decision of the Supreme Court to accept its appeal against a ruling made by the Balearic High Court of Justice. This was a ruling in favour of PepsiCo, lawyers for which had argued that the Pep name created confusion for consumers and was enabling Lemon Factory to benefit from decades of Pepsi's brand value.
Carmen Verdaguer, one of the founders of Lemon Factory, is hopeful that the Supreme Court will now overturn the Balearic decision and allow the company to keep marketing its drinks with the Pep name: it was told that it had to change the name. She says that the company is continuing to try and negotiate with Pepsi but insists that "Pep Lemon is ours and as such is registered".
Lemon Factory was a start-up some three years ago. Pep Lemon, the first drink it marketed, was greeted with a good deal of enthusiasm, while the company was hailed as a successful example of artisan-style entrepreneurship. Its fight against Pepsi has received the support of politicians in Majorca, such as David Abril of Més. He was drinking from a bottle of Pep Lemon when he announced that there is to be a proposal for the regional government to be capable of defending brands made in Majorca.