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Coca-Cola Co. v. Koke Co., 254 U.S. 143 (1920)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Coca-Cola Co. v. Koke Co., 254 U.S. 143 (1920)
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The Coca-Cola Company v. The Koke Company of America No. 101 Argued November 18, 19, 1920 Decided December 6, 1920 254 U.S. 143
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
The defense that the plaintiff’s trademark and advertisements convey fraudulent representations to the public affords but a narrow ground for refusing injunctive relief against an infringer who seeks to reap the advantages of the plaintiff’s goodwill, and the defense must be carefully scrutinized. P. 145.
As respects this defense, the plaintiff’s position must be judged by the facts as they were when the suit was begun, not by the facts of a different condition and an earlier time. P. 147.
Plaintiff’s beverage, widely sold under the name "Coca-Cola," with a picture of coca leaves and cola nut on the labels, and containing certain harmless extractives from coca leave and cola nut, claimed to add flavor, with some caffein from the nuts and more superadded, originally contained also some cocaine derived from the coca leave, and was once advertised a an "ideal nerve tonic and stimulant," but, long before this suit began, cocaine was eliminated, the article was advertised and sold as a beverage only, free from cocaine, and, for the public generally, the name came to signify the beverage itself, the plaintiff’s product, rather than its ingredients. Held, that the continued use of the name with the picture was not a fraud depriving the plaintiff of the right to enjoin infringement and unfair competition in selling a like preparation under the name of "Koke," but that the injunction should not restrain use of the name "Dope," a featureless word not specifically suggestive of "Coca Cola" by similarity or in use, nor forbid manufacture and sale of the product, including the coloring matter. P. 145.
55 F. 894 reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Coca-Cola Co. v. Koke Co., 254 U.S. 143 (1920) in 254 U.S. 143 254 U.S. 144. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=GUS7IMZYBVB5IW1.
MLA: U.S. Supreme Court. "Syllabus." Coca-Cola Co. v. Koke Co., 254 U.S. 143 (1920), in 254 U.S. 143, page 254 U.S. 144. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=GUS7IMZYBVB5IW1.
Harvard: U.S. Supreme Court, 'Syllabus' in Coca-Cola Co. v. Koke Co., 254 U.S. 143 (1920). cited in 1920, 254 U.S. 143, pp.254 U.S. 144. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=GUS7IMZYBVB5IW1.
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