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STOKELY-VAN CAMP, INC. v. COCA-COLA CO.

No. 09 Civ. 3741 (JGK).

646 F.Supp.2d 510 (2009)

STOKELY-VAN CAMP, INC., Plaintiff and Counterclaim-Defendant, v. The COCA-COLA COMPANY, et al., Defendants and Counterclaim-Plaintiffs.

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

August 4, 2009.

Attorney(s) appearing for the Case

Arthur Harlod Aufses, III, Harold Paul Weinberger, Norman Christopher Simon, Seth Franklin Schinfeld, Kramer Levin Naftalis & Frankel, LLP, Louis M. Solomon, Proskauer Rose LLP, New York, NY, for Plaintiff.

Carrie Ann Syme, David Gerard Sewell, Matthew B. Larsen, Sarah E. Zgliniec, Steven Alan Zalesin, Patterson, Belknap, Webb & Tyler LLP, New York, NY, for Defendants.

OPINION AND ORDER

JOHN G. KOELTL, District Judge.

This is a case about an advertising battle between two major consumer products companies over one company's comparison of its beverage to human sweat. That company advertises its beverage by promoting its inclusion of certain electrolytes contained in sweat, and its competitor wants it to stop.

In late March 2009, the defendants The Coca-Cola Company and Energy Brands Inc. (collectively, "Coca...

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