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COCA-COLA CO. v. CLEO SYRUP CORPORATION

No. 1630.

48 F.Supp. 567 (1942)

COCA-COLA CO. v. CLEO SYRUP CORPORATION.

District Court, E. D. Missouri, E. D.

December 15, 1942.

Attorney(s) appearing for the Case

Fordyce, White, Mayne, Williams & Hartman, of St. Louis, Mo., and Spalding, Sibley, Troutman & Brock, of Atlanta, Ga., for plaintiff.

Ralph E. Kalish and Paul L. Hale, both of St. Louis, Mo., for defendant.

COLLET, District Judge.

The facts in this case are comparatively simple. Plaintiff has for a number of years manufactured and distributed a beverage syrup under the trade-mark "Coca-Cola" and has duly registered that trade-mark in the United States Patent Office. It sells its product throughout the United States and in foreign countries under its trade-mark and has established a secondary meaning for the words "Coca-Cola" that any product sold under that trade-mark...

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