COCA-COLA CO. v. SNOW CREST BEVERAGES

No. 4196.

162 F.2d 280 (1947)

COCA-COLA CO. v. SNOW CREST BEVERAGES, Inc.

Circuit Court of Appeals, First Circuit.

June 10, 1947.


Attorney(s) appearing for the Case

Pope F. Brock, of Atlanta, Ga. (Hugh D. McLellan, John T. Noonan, Henry L. Mason, Jr., and Herrick, Smith, Donald, Farley & Ketchum, all of Boston, Mass., and Frank Troutman and Daphne Robert, both of Atlanta, Ga., on the brief), for appellant.

Arthur E. Whittemore, of Boston, Mass. (Arthur D. Thomson and Joseph P. Healey, both of Boston, Mass., on the brief), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.


WOODBURY, Circuit Judge.

This is an appeal from a decree dismissing a complaint alleging infringement of a registered trade-mark and unfair competition. Federal jurisdiction therefore rests upon 15 U.S.C.A. § 97 as to both grounds alleged in support of the cause of action asserted, i. e., interference with the plaintiff's exclusive right to use its registered trade-mark. See Armstrong Co. v. NuEnamel Corp., 305 U.S. 315, 324, 325...

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