Coca Cola Co. v. Gay-Ola Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western District of Tennessee; John E. McCall,'Judge. Suit in equity by the Coca Cola Company against the Gay-Ola Company. Decree for defendant, and complainant appeals. Complainant below, aj)pellant here, sought protection against the unfair competition of defendant. The bill of complaint carried as exhibits various letters and circulars of defendant.
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Appeal from the Circuit Court of the United States for the Western District of Tennessee; John E. McCall,'Judge. Suit in equity by the Coca Cola Company against the Gay-Ola Company. Decree for defendant, and complainant appeals. Complainant below, aj)pellant here, sought protection against the unfair competition of defendant. The bill of complaint carried as exhibits various letters and circulars of defendant. The answer admitted these letters and circulars, but denied any wrong, in intent or in law, in that connection'. Depositions were taken, and upon final hearing the bill was dismissed.…
1Opinion of the Court
• DENISON, Circuit Judge
(after stating the facts as above).
[1] An answer under oath was not waived.. The answer filed is verified by one of the defendant’s corporate officers, and sets up, by way of affirmative defense, that complainant comes with unclean hands and cannot be heard, because its product is misbranded, and because the name “Coca Cola” is deceptive (California Fig Syrup Co. v. Stearns [C. C. A. 6] 73 Fed. 812, 816, 20 C. C. A. 22, 33 L. R. A. 56); but defendant took no proofs. A corporation cannot answer under oath, and even if its answer, when verified by an officer, is evidence…
2Cases cited16 opinions
- Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
- G. & C. Merriam Co. v. SaalfieldCourt of Appeals for the Sixth Circuit · 1912
- Kalem Co. v. Harper BrothersSupreme Court of the United States · 1911
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- O. & W. Thum Co. v. DickinsonCourt of Appeals for the Sixth Circuit · 1917
- Denison Mattress Factory v. The Spring-Air CompanyCourt of Appeals for the Fifth Circuit · 1962
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