Legal Opinion
Seven-Up Co. v. Coca-Cola Co.
Court of Appeals for the Fifth Circuit
Decided July 8, 1996No. 95-10048PublishedCited by 171 opinions
1Opinion of the Court
EMILIO M. GARZA, Circuit Judge:
The Seven-Up Company sued the Coca-Cola Company under the Lanham Act, alleging that Coca-Cola had used a false and misleading promotional presentation to convince several independent bottlers to cease distributing the soft drink 7UP and to begin distributing Sprite, a Coca-Cola product. At trial, a jury found that the presentation was false and misleading, and that it was a substantial factor in causing two bottlers to switch from 7UP to Sprite. The magistrate judge, concluding that Seven-Up had failed to present sufficient evidence from which the jury could…
2Cases cited30 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Richard L. Conkling v. Bert S. TurnerCourt of Appeals for the Fifth Circuit · 1994
- Tom Waits v. Frito-Lay, Inc. Tracy-Locke, Inc.Court of Appeals for the Ninth Circuit · 1992
- Mr. And Mrs. Floyd Brock, Individually and as Next Friend of Rachel Brock, a Minor v. Merrell Dow Pharmaceuticals, Inc.Court of Appeals for the Fifth Circuit · 1989
- Alfred Dunhill Limited and Alfred Dunhill of London, Inc. v. Interstate Cigar Company, Inc.Court of Appeals for the Second Circuit · 1974
25 more not listed; retrieve them via the Exa API.
3Cited by171 opinions
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- Alcatel Usa, Inc., Plaintiff-Counter-Defendant-Appellee-Cross-Appellant v. Dgi Technologies, Inc., Defendant-Counter-Claimant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1999
- Guile v. United StatesCourt of Appeals for the Fifth Circuit · 2005
166 more not listed; retrieve them via the Exa API.