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COCA-COLA CO. v. DIXI-COLA LABORATORIES

No. 198.

31 F.Supp. 835 (1940)

COCA-COLA CO. v. DIXI-COLA LABORATORIES, Inc., et al.

District Court, D. Maryland.

February 27, 1940.

Attorney(s) appearing for the Case

Brown & Brune (by Hilary W. Gans and Charles Ruzicka), of Baltimore, Md., Spalding, Sibley, Troutman & Brock (by Robert B. Troutman), of Atlanta, Ga., and Nims & Verdi (by Harry D. Nims and P. E. Williamson, Jr.), of New York City, for plaintiff.

W. Hamilton Whiteford and Harvey C. Bickel, both of Baltimore, Md., and J. S. Mead, of Birmingham, Ala., for defendants.

WILLIAM C. COLEMAN, District Judge.

This is a trade-mark and unfair competition case brought by plaintiff against three corporations, Dixi-Cola Laboratories, Inc., MarBert Products, Inc., and Apola Extract & Syrup Corporation, and eleven individual defendants.

The bill of complaint charges all of the defendants with infringement of plaintiff's trade-mark "Coca-Cola" by the sale of defendants' products under the names Dixi-Cola, MarBert-Cola, MarBert The...

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