Coke has opened a new front in the long running cola wars with rival Pepsi, but this time it’s not about which brand is the real thing or the choice of a new generation. Get ready for the battle of the bottle.

The Coke vs Pepsi battle is about the humble yet shapely containers that soft drink giants use to persuade thirsty customers to pick their particular fizzy sugared water from the drinks fridge.

Coke says only it has the right to pinch in the waist of its cola bottles, forming what it calls the Contour Bottle, and claims No. 2 brand Pepsi has stolen the idea.

In a lawsuit filed in the Australian Federal Court last week, the Coca-Cola Company says Pepsi has been selling its beverage in knock-off containers for at least five months – and refuses to stop.

All the allegedly infringing bottles should be handed over to Coke for destruction, together with supporting ”stationery, signage and promotional material”, Coke says in court papers.

Coca-Cola is also seeking cash damages – although it is yet to say how much – and an injunction stopping Pepsi using the bottles.

Coca-Cola says in its statement of claim that the company has been using the contour bottle’s ”distinctive shape and silhouette” since 1916 in the US and since at least 1938 in Australia.

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