Dublin Dr Pepper filed its response to a federal lawsuit Tuesday brought on by its corporate parent Dr Pepper Snapple Group (DPS).
DPS alleges in the suit filed in the U.S. District Court in the Eastern District of Texas, that Dublin Dr Pepper sells beyond its six-county territory designated in the agreement. DPS also seeks to end the bottler's unauthorized use of the term "Dublin Dr Pepper."
"Dublin Dr Pepper has been a loyal and committed supporter of the Dr Pepper brand longer than any other bottler," said Dublin Dr Pepper attorney Steven Wolens of Dallas. "Despite benefiting from the relationship with Dublin Dr Pepper for more than 120 years, Dr Pepper Snapple has turned its back on Dublin and the goodwill among the thousands of people who love this true Texas treasure that comes in an 8-ounce bottle."
The Aug. 9 response from the worlds oldest Dr Pepper bottler cites corporate documents dated before the lawsuit was filed showing various inconsistent positions taken by Dr Pepper Snapple on the branding phrase "Dublin Dr Pepper".
Dublin Dr Pepper also entered archived examples from the Dr Pepper Snapple website with links to the Dublin Dr Pepper website and listed the toll free number used in Dublin to take orders by phone.
Dr Pepper Snapple reacted to the filing by saying "signed contracts matter."
"Signed contracts matter, and we are disappointed that Dr Pepper Bottling Co. of Dublin, Texas, refuses to keep its promises and honor its agreement," said Dr Pepper Snapple spokesperson Chris Barnes. "We're not seeking money or to prevent Dublin from selling Dr Pepper made with cane sugar. We simply want them to sell only within their six-county territory and stop marketing and packaging Dr Pepper as 'Dublin Dr Pepper.'"
Dr Pepper Snapple officials said they have tried resolving the issue outside of court and offered alternative packaging that "promotes their heritage and their use of cane sugar."
Dr Pepper Snapple also claims that a Dr Pepper bottler in Temple makes the Dublin product and that Dr Pepper with cane sugar is available elsewhere in Texas.