Coca-Cola Co. v. Chero-Cola Co.
District Court, District of Columbia
Appeal from the Commissidtier of Patents. Application by the Choro-Cola Company for the registration of a trade-mark, opposed by the Coca-Cola Company. From a decision of the Commissioner of Patents, overruling the opposition, the opposer appeals. •
1Opinion of the Court
SMYTH, Chief Justice.
Appellee made application to have registered in the Patent Office the words “Chero-Cola" as a trade-mark for “Cola,” a soft drink. The application was opposed by the appellant on the ground that it (the appellant) was the owner of the registered mark “Coca-Cola,” which is’ applied by it to the same kind of a drink. The Examiner of Interferences sustained the opposition, but was reversed by the Commissioner of Patents.
[1] Opposer has been using its mark since 1886, while applicant did not adopt its' mark until 1911. It is conceded that the goods of the parties have the…
2Cases cited3 opinions
- Florence Mfg. Co. v. J. C. Dowd & Co.Court of Appeals for the Second Circuit · 1910
- Coca-Cola Co. v. Koke Co. of AmericaSupreme Court of the United States · 1920
- William Waltke & Co. v. Geo. H. Schafer & Co.Court of Appeals for the D.C. Circuit · 1920
3Cited by20 opinions
- Harold F. Ritchie, Inc. v. Chesebrough-Pond's, Inc.Court of Appeals for the Second Circuit · 1960
- Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1941
- Guggenheim v. Cantrell & Cochrane, Ltd.Court of Appeals for the D.C. Circuit · 1926
- Coca-Cola Co. v. Carlisle Bottling WorksCourt of Appeals for the Sixth Circuit · 1930
- Coca-Cola Co. v. Carlisle Bottling WorksDistrict Court, E.D. Kentucky · 1929
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