Nashville Syrup Co. v. Coca Cola Co.
Court of Appeals for the Sixth Circuit
Appeals from the District Court of the United States for the Middle District of Tennessee; Edward T. Sanford, Judge. Suit in'equity by the Coca Cola Company against the Nashville Syrup Company. From the decree both parties appeal. Coca is a South American shrub, from tbe leaves of which cocaine, among other substances, is obtained; the cola tree grows in Africa, and from its nuts, caffeine may be extracted.
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Appeals from the District Court of the United States for the Middle District of Tennessee; Edward T. Sanford, Judge. Suit in'equity by the Coca Cola Company against the Nashville Syrup Company. From the decree both parties appeal. Coca is a South American shrub, from tbe leaves of which cocaine, among other substances, is obtained; the cola tree grows in Africa, and from its nuts, caffeine may be extracted. The use. of these leaves and these nuts by the natives in their respective countries, and for the supposed stimulating qualities, bad long-been known in this country, and before 1887…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above).. [1] 1. Passing, for the present, without deciding, the (question whether the name Coca Cola was, in 1887 or in 1892, so far descriptive of the article as to be incapable of appropriation as a common-law trade-mark, and passing, also without deciding, the question whether the name, if primarily descriptive, had, before suit was brought in 1910, acquired a secondary meaning, we come to the effect of the registration under the act of 1905. The broad questions on which defendant relied concerning the effect of this act have been set at rest against defendant’s…
2Cases cited15 opinions
- United States v. SteffensSupreme Court of the United States · 1879
- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
- Thaddeus Davids Co. v. Davids Manufacturing Co.Supreme Court of the United States · 1914
- Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
- Selchow v. . BakerNew York Court of Appeals · 1883
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3Cited by35 opinions
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
- Le Blume Import Co. v. CotyCourt of Appeals for the Second Circuit · 1923
- Aladdin Mfg. Co. v. Mantle Lamp Co. of AmericaCourt of Appeals for the Seventh Circuit · 1941
- Gold Seal Company v. WeeksDistrict Court, District of Columbia · 1955
- Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1941
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