COCA-COLA COMPANY v. ESSENTIAL PRODUCTS CO.

Patent Appeal No. 8245.

421 F.2d 1374 (1970)

The COCA-COLA COMPANY, Appellant, v. ESSENTIAL PRODUCTS CO., Inc., Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied May 7, 1970.


Attorney(s) appearing for the Case

Julius R. Lunsford, Jr., attorney of record, Atlanta, Ga., for appellant. Francis C. Browne, Washington, D. C., of counsel.

Joseph J. Juhass, New York City, for appellee.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN and LANE, Judges, and McMANUS, Chief Judge, Northern District of Iowa, sitting by designation.


LANE, Judge.

The Coca-Cola Company, opposer below, appeals from the decision of the Trademark Trial and Appeal Board, 154 USPQ 449, holding that applicant's mark, COCO LOCO, for cocoanut flavoring sold to soft drink bottlers and for soft drink, is not such as to cause likelihood of confusion, mistake or deception with respect to opposer's registered trademark COCA-COLA. We find no reversible error in the board's opinion...

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