Legal Opinion
Coca-Cola Co. v. Carlisle Bottling Works
Court of Appeals for the Sixth Circuit
Decided June 30, 1930No. 5367PublishedCited by 26 opinions
1Opinion of the Court
HICKS, Circuit Judge.
Bill in equity by tba Coca-Cola Company, manufacturer of a soft drink syrup and the beverage made therefrom called “Coca-Cola,” against Carlisle Bottling Works, of Carlisle, Ky., a bottler and seller of a soft drink called “Roxa Kola,” seeking to restrain defendant from infringing its trade-mark “Coca-Cola” by the use of defendant’s trade-name “Roxa Kola,” and from unfair competition by substituting and passing off defendant’s product on calls for Coca-Cola. The evidence is insufficient to establish a ease of substitution, similarity of dress, or “passing off,” and we…
2Cases cited14 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Coca-Cola Co. v. Koke Co. of AmericaSupreme Court of the United States · 1920
- Swain v. SeamansSupreme Court of the United States · 1870
- Kann v. Diamond Steel Co.Court of Appeals for the Eighth Circuit · 1898
- Nashville Syrup Co. v. Coca Cola Co.Court of Appeals for the Sixth Circuit · 1914
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1941
- Hemmeter Cigar Co. v. Congress Cigar Co.Court of Appeals for the Sixth Circuit · 1941
- Ye Olde Tavern Cheese Products, Inc. v. Planters Peanuts Division, Standard Brands Inc.District Court, N.D. Illinois · 1966
- Stewart Paint Mfg. Co., a Corporation v. United Hardware Distributing Co., a CorporationCourt of Appeals for the Eighth Circuit · 1958
- Glenmore Distilleries Co. v. National Distillers Products Corp.Court of Appeals for the Fourth Circuit · 1939
21 more not listed; retrieve them via the Exa API.