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Coca-Cola Co. v. Busch

United States District Court for the Eastern District of Pennsylvania

44 F. Supp. 405 (1942)

Relevant factsFree

The public commonly abbreviated "Coca-Cola" as "koke" or "coke"; a competitor, Busch (defendant), sought to sell a similar soft drink called "Koke-Up." Coca-Cola (plaintiff) sued, alleging Busch's use of the public's common nickname for Coca-Cola in a competing product's name constituted unfair competition and trademark infringement.

IssueFree

Whether, if the public has come to commonly associate and use an abbreviation of a trademark as a designation for the product in place of the full trademark, that abbreviation may be as protected as the original trademark itself.

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