La refresquera fue demandada por el empresario José Antonio Del Valle por un supuesto robo de propiedad intelectual. La firma podría pagar hasta 345 millones de dólares al empresario.

La refresquera más grande del mundo podría pagar hasta 345 millones de dólares al empresario José Antonio Del Valle debido a una demanda que interpuso contra Coca Cola en México por fraude corporativo y robo de propiedad industrial, al vender en Japón una bebida supuestamente creada por él sin su autorización.

Del Valle comenzó a desarrollar ‘Go Gaba’ en 2012 y presume ser la primer bebida con gaba (ácido gamma amino butírico) –ingrediente que ayuda principalmente a relajar y tranquilizar a las personas que sufren estrés, nerviosismo o ansiedad-. En 2015 comenzó a ganar premios y reconocimientos en varias ferias, incluso Google lo reconoció por ser la marca de más alto potencial en México y por ello, fue reconocido en Francia y Holanda.

Después del éxito obtenido, el empresario decidió mejorar su producto con un cambio de imagen que incluía una mayor claridad en el empaque, que fuera más natural y con una bebida gasificada, con el fin de llegar a más países.

“Siempre tuve la idea de que mi proyecto fuera global, la marca se puede pronunciar en cualquier idioma, el concepto sirve en cualquier país porque la necesidad que atiende es un mejor estado cerebral y esa necesidad la tienen en cualquier país indistintamente del idioma o región”, dijo Del Valle en entrevista telefónica.

A finales de 2016 decidió ir con un banco para pedir un financiamiento de 28 millones de dólares con el objetivo de llegar a 50 países en cinco años. “En el camino me preguntaron: ¿te gustaría sustituir ese levantamiento de capital por un acuerdo con una de las compañías más grandes de la industria? Y dije que sí”, agregó Del Valle.

Fue así que, en diciembre de 2017, llegó a un acuerdo con Coca Cola y se reunió con diversos altos directivos de la empresa para firmar el contrato. “Ellos no podían producir, comercializar y distribuir ninguna bebida similar a Go Gaba o que incluyera gaba como ingrediente principal durante un mínimo de 30 meses después de que el acuerdo inicial de exclusividad haya terminado, esto lo firmaron a nombre de Coca Cola y de todas sus partes relacionadas, lo cual hace que la parte no este limitada a México”, detalló el empresario.

Sin embargo, Valle argumentó que en mayo de 2018, The Coca Cola Company lanzó Fanta GABA en Japón con una campaña de publicidad a nivel nacional y con distribuidores en línea que ofrecieron enviar el producto a otros países.

“The Coca-Cola Company ha estado desarrollando productos que contienen GABA como ingrediente desde 2006 en Japón. En diciembre de 2017, Coca-Cola firmó un Memorándum de Entendimiento (MOU) con el Sr. Del Valle para explorar la posible producción de un producto llamado GO-GABA específicamente en México. Este MOU fue posteriormente terminado unilateralmente por el Sr. Del Valle. Como éste es ahora un asunto legal pendiente, no podemos comentar más al respecto”, comentó Coca Cola México a Expansión.

La demanda
Ante la situación, Valle demandó en noviembre de 2018 a Coca Cola México por daños causados debido a un fraude corporativo por un monto de 345 millones de dólares.

“El hecho de si ellos venían haciendo algo con gaba o no en Japón antes no es relevante para los efectos del contrato, por otro lado lo que te puedo asegurar es que no habían hecho nada con Gaba ni siquiera en Japón con alguno de sus tres productos como son Fanta, Coca Cola y Sprite. ¿Entonces para que se unen con un emprendedor para desarrollar una bebida con Gaba si ya lo habían estado desarrollando?”, comentó Del Valle.

También lee: Coca-Cola dirige su atención a las bebidas energéticas… y con buena razón

El 30 de noviembre, directivos de Coca Cola en México recibieron un citatorio, pero “no se presentaron a declarar, se les citó en calidad de testigo”, afirmó Valle. Entre los citados se encuentran: Luis Galguera, vicepresidente técnico de Coca Cola en México; Selman Careaga, exvicepresidente de marketing de Coca Cola en México y ahora vicepresidente de marketing de Coca-Cola Brasil; Marcelo Gill, exvicepresidente comercial de Coca Cola en México y ahora vicepresidente de operaciones de Coca-Cola Brasil; y David Andrade, subdirector de Marketing.

“Lo más importante es entender la historia de la alianza, la postura de cada quien, lo que quiero insistir es en la obligación de no competir con la idea y de no hacer nada con gaba, se firmó con todas sus entidades. Si yo me uno con una empresa con presencia a nivel mundial bajo esa promesa y sólo se respeta en México, nunca hubiera firmado”, añadió el empresario.

Fuente: https://expansion.mx/empresas/2019/01/04/asi-va-el-conflicto-de-coca-cola-y-go-gaba

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