Read more carefully. CC owns the use of that phrase ONLY in terms of describing non-alcoholic beverages and beverage mixes.
I suppose a court might find that using it to describe, say, bourbon, would be an infringing use, even though CC does not claim alcoholic beverages. More so if the packaging or flavor was intended to mimic a cola.
But you could market your new line of toilet paper or watches or hippo-hide whips as The Real Thing, and Coke would have no more of a leg to stand on than they did with the book publisher.
It's also appropriate to note that the company claiming the trademark must actually use it reasonably often -- you can't claim "Softer than a cloud" for your waterbeds and then not use it for some number of years. That one will be trickier, though.
I suppose a court might find that using it to describe, say, bourbon, would be an infringing use, even though CC does not claim alcoholic beverages. More so if the packaging or flavor was intended to mimic a cola.
But you could market your new line of toilet paper or watches or hippo-hide whips as The Real Thing, and Coke would have no more of a leg to stand on than they did with the book publisher.
It's also appropriate to note that the company claiming the trademark must actually use it reasonably often -- you can't claim "Softer than a cloud" for your waterbeds and then not use it for some number of years. That one will be trickier, though.