Coca-Cola Co. v. J. G. Butler & Sons
District Court, E.D. Arkansas
In Equity. Suit by the Coca-Cola Company against J. G. Butler & Sons. Decree for plaintiff. Tlie plaintiff seeks to enjoin the defendants, who constitute a mercantile firm, doing business under the firm name of J. G. Butler & Sons, from using, in connection with the manufacture, advertising, offering for sale, or sale of any beverage, the words “Coca-Cola,” or any like word or words, and in any other manner infringing upon the plaintiff’s rights as owner of the trade-mark…
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In Equity. Suit by the Coca-Cola Company against J. G. Butler & Sons. Decree for plaintiff. Tlie plaintiff seeks to enjoin the defendants, who constitute a mercantile firm, doing business under the firm name of J. G. Butler & Sons, from using, in connection with the manufacture, advertising, offering for sale, or sale of any beverage, the words “Coca-Cola,” or any like word or words, and in any other manner infringing upon the plaintiff’s rights as owner of the trade-mark “Coca-Cola,” and also seeks an accounting of the damages sustained by it, by reason of the unlawful use of its trade-mark.…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). It is not disputed by the defendants that the plaintiff is the lawful owner of the trade-mark “Coca-Cola,” that it is an asset of great value, and that the defendants are bottling, offering for sale, and selling a bottled preparation, under the name of “Coca-Cola,” using the tops and labels prepared by the plaintiff for the preparation bottled under its supervision, and furnished by it to those who are engaged in bottling it, under its authority or license, and that these tops and labels indicate to the public that it is the plaintiff’s preparation, made…
2Cases cited31 opinions
- Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911
- McLean v. FlemingSupreme Court of the United States · 1878
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Mazetti v. Armour & Co.Washington Supreme Court · 1913
26 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Denison Mattress Factory v. The Spring-Air CompanyCourt of Appeals for the Fifth Circuit · 1962
- Susser v. Carvel CorporationDistrict Court, S.D. New York · 1962
- Coca-Cola Co. v. BennettCourt of Appeals for the Eighth Circuit · 1916
- Farbenfabriken Bayer A.G. v. Sterling Drug, Inc.Court of Appeals for the Third Circuit · 1962
- Coca-Cola Co. v. StateCourt of Appeals of Texas · 1920
14 more not listed; retrieve them via the Exa API.