Coca-Cola Co. v. Bennett
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Suit by the Coca-Cola Company against Charles G. Bennett and another, copartners doing business as Bennett Mineral & Distilled Water Company. Judgment for the defendants (225 Red. 429), and plaintiff appeals.
1Opinion of the Court
CARRAND, Circuit Judge.
Appellant brought this action against appellees to restrain an alleged trade-mark infringement and unfair *514competition. The trial court, upon consideration of the pleadings and certain stipulated facts, dismissed the complaint for want of equity. The facts upon which appellant relies for relief are substantially as follows:
Appellant is a corporation of the state of Georgia, with its principal place of business at Atlanta, in said state. Appellees are copart-ners doing business under the firm name of Bennett Mineral & Distilled Water Company at Hutchinson, Kan. Appellant…
2Cases cited5 opinions
- Apollinaris Co. v. SchererU.S. Circuit Court for the District of Southern New York · 1886
- People v. . LuhrsNew York Court of Appeals · 1909
- Krauss v. Jos. R. Peebles' Sons Co.U.S. Circuit Court for the District of Southern Ohio · 1893
- Coca-Cola Co. v. J. G. Butler & SonsDistrict Court, E.D. Arkansas · 1916
- Russia Cement Co. v. FrauenharCourt of Appeals for the Second Circuit · 1904
3Cited by22 opinions
- Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1941
- Youngs Rubber Corporation v. CI Lee & Co.Court of Appeals for the Second Circuit · 1930
- Champion Spark Plug Co. v. ReichCourt of Appeals for the Eighth Circuit · 1941
- Coca-Cola Co. v. StateCourt of Appeals of Texas · 1920
- Coty v. Prestonettes, Inc.Court of Appeals for the Second Circuit · 1922
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