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COCA-COLA COMPANY v. VICTOR SYRUP CORPORATION

Patent Appeal No. 6075.

218 F.2d 596 (1954)

The COCA-COLA COMPANY, Appellant, v. VICTOR SYRUP CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied February 8, 1955.

Attorney(s) appearing for the Case

Julius R. Lunsford, Jr., Atlanta, Ga. (K. Wilson Corder, Atlanta, Ga., and Francis C. Browne, Washington, D. C., of counsel), for appellant.

No brief or appearance for appellee.

Before O'CONNELL, Acting Chief Judge, and JOHNSON, WORLEY, and COLE, Judges.

COLE, Judge.

The Victor Syrup Corporation of New York filed two applications in 1947 to register "Nutri.Cola" on the principal register of the United States Patent Office as a trade mark applied to goods consisting of syrups, concentrates, and extracts for carbonated, non-alcoholic, non-cereal, maltless beverages, sold as soft drinks, one application being based on a claim to distinctiveness of the notation under section 2(f) of the Trade Mark Act of 1946, 15 U.S...

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