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TheStreet Open House

The Five Dumbest Things on Wall Street This Week: June 22

Stocks in this article: BODYJCPKOMSFTGSSODA

3. Coke's Unwise War

Come on Coca Cola (KO). What on earth did you think was going to happen when a corporate Goliath like yourself picks a fight with a scrappy little David like SodaStream (SODA)?

Exactly. It gets slung back in your face.

As first spotted by Forbes this Monday, the soda giant (market cap $171 billion) sent a cease-and-desist letter to the Israel-based DIY soda-maker (a pint-sized $710 million) over its outdoor marketing promotion called "the cage." Essentially the cage is a giant crate filled with empty cans and bottles which SodaStream publicly displays to illustrate the refuse created by a family of soda buyers over the course of three to five years.

SodaStream has exhibited its pile of garbage - let's call it what it is - around the globe to prove its environmental point and - to be honest again - take a poke at beverage behemoths like Coke and Pepsi. The particular cage in question is located in South Africa's O.R. Tambo International Airport.

"Your use of our client's trade marks in a manner intended to disparage them, while competing with our client's products identified by the said trade marks is also contra bonos mores (translation: against good morals) and, as such, your conduct amounts to unlawful competition under the common law," wrote Coke's South African lawyers.

Give us a break with the Latin you legal losers. You're picking a fight over a pile of trash! And worst of all, you are referring to "said" trash as "our client's products"! Did you not think that Sodastream CEO Daniel Birnbaum would jump all over your ridiculous response?

"If they claim to have rights to their garbage, then they should truly own their garbage, and clean it up. Instead of getting a thank you for cleaning up, we're getting a lawyer's letter," Birnbaum told Forbes.

No Dan, you didn't receive a mere lawyer's letter. Let's be truthful one final time and call it what it is: A slingshot full of ammo placed right in David's palm.

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