Coca-Cola Co. v. Deacon Brown Bottling Co.
District Court, N.D. Alabama
In Equity. Suit by the Coca-Cola Company against the Deacon Brown Bottling Company and others. On motion for preliminary injunction.
1Opinion of the Court
GRUBB, District Judge.
The right of complainant to the use of the words “Coca-Cola” as a technical trade-mark under the act of 1881 is doubtful; at least, in view of the fact that the words are admittedly suggestive, and probably merely descriptive of the constituents of the beverage, and not subject to be appropriated as a trademark. On motion for a preliminary injunction, the complainant is *106required to make his right clear, and under this claim has not succeeded in doing so to my satisfaction.
[1] The evidence, however, satisfied me that the'complainant and its predecessors in title to the…
2Cited by10 opinions
- Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1941
- Carl Zeiss Stiftung v. V.E.B. Carl Zeiss, JenaDistrict Court, S.D. New York · 1969
- Coca-Cola Company v. Howard Johnson CompanyDistrict Court, N.D. Georgia · 1974
- Rossmann v. GarnierCourt of Appeals for the Eighth Circuit · 1914
- Coca-Cola Co. v. StevensonDistrict Court, S.D. Illinois · 1920
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