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COCA-COLA CO. v. TROPICANA PRODUCTS, INC.

No. 82 Civ. 1580 (RLC).

538 F.Supp. 1091 (1982)

The COCA-COLA COMPANY, Plaintiff, v. TROPICANA PRODUCTS, INC., Defendant.

United States District Court, S. D. New York.

May 13, 1982.

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler, New York City (Thomas C. Morrison, New York City, of counsel), for plaintiff.

David R. Levett, Madeleine F. Grossman, Levett, Rockwood & Sanders, Westport, Conn., Frank L. Butler, Logan T. Johnston, III, Winston & Strawn, Chicago, Ill. (John Germany, Holland & Knight, Tampa, Fla., Hughes, Hubbard & Reed, New York City, of counsel), for defendant.

OPINION

ROBERT L. CARTER, District Judge.

Plaintiff, The Coca-Cola Company ("Coca-Cola"), filed this action alleging false description and representation of goods in violation of the Lanham Act, 15 U.S.C. § 1125(a). Coca-Cola accuses defendant, Tropicana Products, Inc. ("Tropicana"), of creating and airing a false and misleading television commercial in support of its "Premium Pack" pasteurized, ready-to-serve chilled orange juice. Claiming irreparable...

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