Legal Opinion
Topp-Cola Company v. Coca-Cola Company
District Court, S.D. New York
Decided July 25, 1960PublishedCited by 9 opinions
1Opinion of the Court
FREDERICK van PELT BRYAN, District Judge.
Plaintiff, a Georgia corporation, with its principal place of business in Savannah, Georgia, is the owner of the trademark Topp-Cola. Defendant, a Delaware corporation, with its principal place of business in New York, is the owner of the trademark Coca-Cola. Both marks are duly registered in the United States Patent Office under the Lanham Act, 15 U.S.C.A. § 1051 et seq. The present suit involving the marks of the respective parties arises primarily out of the following circumstances:
Plaintiff filed an application to register its mark under the Laws…
2Cases cited16 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Steele v. Bulova Watch Co.Supreme Court of the United States · 1952
- Timken Roller Bearing Co. v. United StatesSupreme Court of the United States · 1951
- Vanity Fair Mills, Inc. v. The T. Eaton Co. Limited and John David EatonCourt of Appeals for the Second Circuit · 1956
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cordova v. GosarWyoming Supreme Court · 1986
- David Atlas v. Eastern Air Lines, IncorporatedCourt of Appeals for the First Circuit · 1962
- Grace Burnham (Campbell) Curl v. International Business MacHines Corporation, Gerald H. Cohen, IntervenorCourt of Appeals for the Fifth Circuit · 1975
- Topp-Cola Company, a Corporation v. The Coca-Cola Company, a CorporationCourt of Appeals for the Second Circuit · 1963
- Schoenbaum v. FirstbrookDistrict Court, S.D. New York · 1967
4 more not listed; retrieve them via the Exa API.