The Coca-Cola Co. vs The Koke of America (Essay Sample)

Case Brief
Student’s Name
University Affiliation
The Coca-Cola Co.V.The Koke of America.
Facts about Case:
The Coca-Cola Company tried to restrain other beverage companies from using the word “Koke” for their products. The companies defended themselves claiming that Coca-Cola had no right to have help from the courts because the name was fraudulent representation since Coca-Cola’s products do not contain cocaine as an ingredient. The trial court granted the injunction against Koke of America, the appellate court revoked the ruling and Coca-Cola appealed to the U.S. Supreme Court.
Issue:
Is the injunction granted to Koke Company from using koke name for their products justifiable? Or is the Coca-Cola Company fraudulently representing its product by using “Koke” on its products? Is the injunction against Koke Company also against other companies from using the word “Koke” in their products? Or is the law entitled to protect Coca-Cola trade mark.
Rule:
Coca-Cola probably means to most persons the plaintiff’s familiar product to be had everywhere rather than a compound of particular substances.
Application:
The Coca-Cola Company publically advertised that their products do not contain any cocaine