Coca-Cola Co. v. Busch

44 F. Supp. 405 (1942)

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Coca-Cola Co. v. Busch

United States District Court for the Eastern District of Pennsylvania
44 F. Supp. 405 (1942)

CS

Facts

The Coca-Cola Company (plaintiff) sold a soft drink under the trademark Coca-Cola. Through common usage the public came to frequently abbreviate the name of the drink as “koke (coke).” A competitor, Busch (defendant), sought to manufacture and sell a similar drink called “Koke-Up.” Coca-Cola sued Busch, alleging that the use of the public’s abbreviation for Coca-Cola as part of the name of Busch’s product would amount to unfair competition.

Rule of Law

Issue

Holding and Reasoning (Ganey, J.)

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