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TOPP-COLA COMPANY v. COCA-COLA COMPANY

185 F.Supp. 700 (1960)

TOPP-COLA COMPANY, a corporation, Plaintiff, v. COCA-COLA COMPANY, a corporation, Defendant.

United States District Court S. D. New York.

July 25, 1960.

Attorney(s) appearing for the Case

Burgess, Ryan & Hicks, New York City, for plaintiff, Cushman, Darby & Cushman, Washington, D. C., James L. Dooley, Washington, D. C., of counsel.

Gilbert H. Weil, and Alfred T. Lee, New York City, for defendant, Pope F. Brock, John D. Goodloe, Julius R. Lunsford, Jr., Atlanta, Ga., of counsel.

FREDERICK van PELT BRYAN, District Judge.

Plaintiff, a Georgia corporation, with its principal place of business in Savannah, Georgia, is the owner of the trademark Topp-Cola. Defendant, a Delaware corporation, with its principal place of business in New York, is the owner of the trademark Coca-Cola. Both marks are duly registered in the United States Patent Office under the Lanham Act, 15 U.S.C.A. § 1051 et seq. The present suit involving the marks of the respective...

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