Coca-Cola Co. v. Glee-Nol Bottling Co.

Citations

• 221 F. 61
• 137 C.C.A. 83
• 1915 U.S. App. LEXIS 1292

Syllabus

<p>Trade-Marks and Trade-Names @=>70—Unfair Competition—Acts Constituting .</p> <p>Bottles of the same size, shape, color, and general appearance as those commonly used for plaintiff’s beverage, Coca-Cola, and that of defendant, Glee-Nol, were in general use as containers of many other beverages similarly dealt in. The beverages were unlike in taste or odor, and there were many other beverages on the market having practically the same color as both. Defendant had not undertaken to mislead dealers to whom it sold, nor to induce them to substituto Glee-Nol for Coca-Cola. Though the name Glee-Nol was blown into the same parts of the bottles at which the name Coca-Cola was blown Into the bottles containing it, generally, but not universally, and though the name appeared in the same style of script, or type in imitation of written letters, it did not appear that, prior to the time defendant commenced placing the name on that part of the bottle, corresponding places on plaintiff’s bottles had been in such general and exclusive use that the mere presence of any word at such place had come to be accepted generally or to any appreciable extent as an identification of the beverage, nor did it appear that the use of the same style of script resulted in any greater resemblance than that existing between two written or printed words which are wholly different except in so far as a letter or letters common to both are alike, and it appeared that no one could be deceived, unless he was so utterly unobservant. that ho might be deceived without any resemblance between the two articles. Held, that unfair competition on defendant’s part did not appear.</p> <p>LDd. Note.—For other cases, see Trade-Marks and Trade-Names, Cent Dig. § 81; Dec. Dig. @=>70.</p> <p>Unfair competition, see notes to Scheuer v. Muller, 20 C. O. A. 165; Lare v. Harper & Bros., 30 0. C. A. 376.]</p> <p>^s>For other cases see same hopic & KEY-NUMB flit in ail Key-Numbered Digests & Indexes</p>