US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

COCA-COLA CO. V. KOKE CO., 254 U. S. 143 (1920)

Subscribe to Cases that cite 254 U. S. 143 RSS feed for this section

U.S. Supreme Court

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

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


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. 254 U. S. 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. 254 U. S. 147.

Plaintiff's beverage, widely sold under the name "Coca-Cola," with chanroblesvirtualawlibrary

Page 254 U. S. 144

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. 254 U. S. 145.

55 F.8d 4 reversed.

The case is stated in the opinion.

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™