Coca Cola Company Vs Coke Case Study

Coca-Cola Co. v. Koke Co. of America, 254 U.S. 143 (1920)

Facts: In 1886, John Pemberton invented a caramel-colored soft drink. It was name Coca-Cola after the main two ingredients kola nuts and coca leaves. The problem came when they called the beverage Coke. Coca- Cola Company sued The Koke Company from using the word “Koke” for any of their products. Coca- Cola Company was the plaintiff and The Koke Company was the defendant in this case. Coca- Cola states that the Koke Company is in violation of trademark infringement and it is unfairly making and selling the beverage that use a trademark of Coke. The defendant The Koke Company propose to manufacture and sell as a bottled product soft drink, which the defendant has designated as "Koke-Up"

for which a copyright has been applied. With the copyrights, the defendant had all rights to sell. Koke defends that Coca-Cola trademark Coke, by its use their name represented that the beverage contain cocaine, which is a fraud. Cola coca no longer contain cocaine in their beverages. The trail court ruled in favor of the plaintiff but the Circuit Court of Appeals reversed the ruling. Coca-Cola Company then appealed to the United States Supreme Court.

Issues. Whether Coca-Cola can prevent the infringement of its trademark Coca-Cola. Unfair competition with it in its business of making and selling the beverage for which the trademark is used.

Decision. The district court’s injunction was allowed to stand. The competing beverage companies was enjoined from calling their products Koke.

Reason. The court made their decision after reviewing all the information. The court states that if a product adopted the name for their product it is still covered. If the public gave it, a difference name to go by or called another name. The Coca- Cola Company Coke becomes entitled to protection by injunction. Koke Company choose the name Koke-Up trying to build their brand off coca- cola. This action is trademark infringement at the base. It is trademark infringement occurs if one adopts a trade name or a trademark so like another in form, spelling, or sound that one, with not a very definite or clear recollection as to the real trademark, is likely to become confused or misled.