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COCA-COLA CO. v. CARLISLE BOTTLING WORKS

No. 5367.

43 F.2d 119 (1930)

COCA-COLA CO. v. CARLISLE BOTTLING WORKS.

Circuit Court of Appeals, Sixth Circuit.

June 30, 1930.

Attorney(s) appearing for the Case

Harold Hirsch, of Atlanta, Ga. (John A. Sibley and J. S. Botts, both of Lexington, Ky., on the brief), for appellant.

Leslie W. Morris, of Frankfort, Ky. (John P. McCartney, of Carlisle, Ky., and Marion Rider, of Frankfort, Ky., on the brief), for appellee.

Before MACK, MOORMAN, and HICKS, Circuit Judges.

HICKS, Circuit Judge.

Bill in equity by the Coca-Cola Company, manufacturer of a soft drink syrup and the beverage made therefrom called "Coca-Cola," against Carlisle Bottling Works, of Carlisle, Ky., a bottler and seller of a soft drink called "Roxa Kola," seeking to restrain defendant from infringing its trade-mark "Coca-Cola" by the use of defendant's trade-name "Roxa Kola," and from unfair competition by substituting and passing off defendant's product on calls...

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