02 Jun In the case of?Coca-Cola Co. v. Koke Co. of America, the Coca-Cola Co. sought to enjoin The Koke Co. of America and other beverage companies from, among other things, using the word Ko
In the case of Coca-Cola Co. v. Koke Co. of America, the Coca-Cola Co. sought to enjoin The Koke Co. of America and other beverage companies from, among other things, using the word Koke for their products. Koke contended that the Coca-Cola trademark was a fraudulent representation and that Coca-Cola was thus not entitled to an injunction. Koke alleged that Coca-Cola, by its use of the Coca-Cola name, represented that the beverage contained cocaine (from coca leaves). The court granted the injunction against Koke, but an appellate court reversed. Coca-Cola appealed to the United States Supreme Court.
The United States Supreme Court upheld the trial court's decision. The Supreme Court acknowledged that before 1900 Coca-Cola's good will was enhanced by the presence of a small amount of cocaine, but that the cocaine had long been eliminated from the drink. The Court underscored that Coca-Cola was not "a medicine" and that its attraction did not lay in producing "a toxic effect." Since 1900 sales had increased. The name had come to characterize a well known beverage to be had almost anywhere "rather than a compound of particular substances." The Court noted that before this suit was brought Coca-Cola had advertised that the public would not find cocaine in Coca-Cola. "[I]t would be going too far to deny the plaintiff relief against a palpable fraud because possibly here and there are ignorant person might call for the drink with the hope for incipient cocaine intoxication."
Should the principles applied in this case to the confusingly similar product of a domestic manufacturer also apply to the goods of foreign producers? Why or why not?
Our website has a team of professional writers who can help you write any of your homework. They will write your papers from scratch. We also have a team of editors just to make sure all papers are of HIGH QUALITY & PLAGIARISM FREE. To make an Order you only need to click Ask A Question and we will direct you to our Order Page at WriteDemy. Then fill Our Order Form with all your assignment instructions. Select your deadline and pay for your paper. You will get it few hours before your set deadline.
Fill in all the assignment paper details that are required in the order form with the standard information being the page count, deadline, academic level and type of paper. It is advisable to have this information at hand so that you can quickly fill in the necessary information needed in the form for the essay writer to be immediately assigned to your writing project. Make payment for the custom essay order to enable us to assign a suitable writer to your order. Payments are made through Paypal on a secured billing page. Finally, sit back and relax.
About Wridemy
We are a professional paper writing website. If you have searched a question and bumped into our website just know you are in the right place to get help in your coursework. We offer HIGH QUALITY & PLAGIARISM FREE Papers.
How It Works
To make an Order you only need to click on “Order Now” and we will direct you to our Order Page. Fill Our Order Form with all your assignment instructions. Select your deadline and pay for your paper. You will get it few hours before your set deadline.
Are there Discounts?
All new clients are eligible for 20% off in their first Order. Our payment method is safe and secure.