Carbonated Beverages, Inc. v. Wisko

Plaintiff and defendants are manufacturers of carbonated beverages, both carrying on their business in the city of Detroit. Plaintiff claims to be the first to sell a pint bottle of soda pop for five cents. It introduced its product in February, 1938, under the trade name “Sweet Sixteen,” obtaining trade-mark and copyright registrations thereon.

It is apparent from the record that plaintiff has developed a prosperous business from the sale of its product and has expended considerable sums of money in advertising.

Defendant for many years featured bottles of pop of two different sizes, the…