Legal Opinion
Coca-Cola Co. v. Whistle Co. of America
District Court, D. Delaware
Decided July 15, 1927No. 637PublishedCited by 5 opinions
1Opinion of the Court
MORRIS; District Judge.
The Coca-Cola Company, the plaintiff and owner of design *956patent No. 48,160, to Samuelson, by this suit in equity seeks a decree against Whistle Company of America, adjudging its use of the bottle described in design patent to Jones, No. 70,843, owned by the defendant, to be an infringement of the Samuelson patent, and awarding an injunction. The plaintiff has abandoned any right to relief by virtue of the remaining patents sued upon. The defendant challenges the validity of the Samuelson patent, and denies infringement.
The plaintiff takes the position that the design…
2Cases cited8 opinions
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Continental Paper Bag Co. v. Eastern Paper Bag Co.Supreme Court of the United States · 1908
- Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
- North British Rubber Co. v. Racine Rubber Tire Co. of New York, Inc.Court of Appeals for the Second Circuit · 1921
- Geo. Borgfeldt & Co. v. WeissCourt of Appeals for the Second Circuit · 1920
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Sears, Roebuck & Co. v. TalgeCourt of Appeals for the Eighth Circuit · 1944
- Try-Me Beverage & Compound Co. v. MetropoleDistrict Court, E.D. South Carolina · 1928
- Rowley v. TresenbergDistrict Court, E.D. New York · 1941
- Pecora v. Modern Sanitary Dairies of Pennsylvania, Inc.District Court, M.D. Pennsylvania · 1939
- Jones v. County of SacramentoDistrict Court, E.D. California · 2021