Coca-Cola Co. v. Stewart
United States Court of Appeals for the Eighth Circuit
621 F.2d 287 (1980)

- Written by Sarah Holley, JD
Facts
Coca-Cola Co. (plaintiff) obtained an injunction against the Stewarts and the Morans (defendants) after investigations at their respective Missouri-based restaurants revealed that each was serving a substitute beverage when customers had ordered a Cola-Cola beverage in violation of the Lanham Act’s prohibition against passing off another’s goods as those of the trademark owner. When Coca-Cola discovered that the Stewarts and the Morans had violated the terms of the injunction and were continuing to pass off substitute beverages as Coca-Cola beverages, Coca-Cola filed accusations of civil contempt against each of them. Shortly thereafter, the district court dismissed Coca-Cola’s action for lack of subject-matter jurisdiction after determining that the alleged infringement had not occurred in commerce as required under the Lanham Act. The district court found that there was no evidence that the alleged infringement on the part of these Missouri-based restaurants occurred in commerce, or that it had a substantially adverse effect on Coca-Cola’s national operations. Coca-Cola appealed.
Rule of Law
Issue
Holding and Reasoning (Bright, J.)
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