Crown Beverage Corp. v. Nehi Corp.

The plaintiff started business in 1937. Its business consisted of the manufacture and bottling of a number of soft drinks. It sells these beverages to jobbers who call for the drinks in their own trucks at plaintiff’s plant. These jobbers in turn sell the drinks from door to door to private consumers in Brooklyn and Queens. The trucks are painted for the jobbers by plaintiff and exhibit its corporate name. All of the drinks with one exception are sold in twelve or twenty-nine ounce bottles which have a label stating plaintiff’s corporate name and the name of the drink enclosed in a…