Legal Opinion

Coca-Cola Co. v. Joseph C. Wirthman Drug Co.

Court of Appeals for the Eighth Circuit

Decided March 24, 1931No. 8986PublishedCited by 10 opinions

1Opinion of the Court

STONE, Circuit Judge.

This is an action to restrain alleged unfair competition. Prom a decree dismissing the petition upon a hearing on the merits, this appeal is brought.

Plaintiff manufactures a soda water syrup known as “Coca-Cola,” which it sells to operators of soda water fountains for use in making a drink which is known by the same name or, popularly, as “Coke.” The unfair competition charged is that defendant, a purchaser from it of such syrup for the above use, in response to orders for Coca-Cola, is delivering and selling at its fountain a spurious and substituted product as genuine…

2Cases cited10 opinions

  1. Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
  2. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  3. Mayor of Vicksburg v. HensonSupreme Court of the United States · 1913
  4. Spokane & Inland Empire Railroad v. United StatesSupreme Court of the United States · 1916
  5. Shwab v. DoyleCourt of Appeals for the Sixth Circuit · 1920

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3Cited by10 opinions

  1. Charles of the Ritz Distributors Corp. v. Federal Trade CommissionCourt of Appeals for the Second Circuit · 1944
  2. John Milton Phillips, Jr., Jack Cecil Cherbo and Richard Dale Walker v. United StatesCourt of Appeals for the Ninth Circuit · 1966
  3. Trimble, Administrator v. Coleman Co., Inc.Supreme Court of Kansas · 1968
  4. Evis Manufacturing Company, a Corporation, Arthur N. Wells v. Federal Trade CommissionCourt of Appeals for the Ninth Circuit · 1961
  5. Coca-Cola Bottling Co. of Shreveport, Inc. v. Coca-Cola Co.District Court, D. Delaware · 1986

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