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Coca-Cola Co. v. Koke Co. of America

United States Supreme Court

254 U.S. 143 (1920)

Relevant factsFree

Coca-Cola (plaintiff) removed cocaine from its drink after Congress banned it in 1906, heavily advertising that change, while continuing to use coca leaves; a competitor, Koke Company of America (defendant), created an imitation product and name. Coca-Cola sued for trademark infringement, and Koke argued the trademark was unprotectable because it falsely implied the product still contained cocaine. The district court ruled for Coca-Cola, the court of appeals reversed, and the Supreme Court granted certiorari.

IssueFree

Whether a brand name that has acquired a secondary meaning is entitled to trademark protection.

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