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COCA-COLA CO. v. BROWN

No. 701.

60 F.2d 319 (1932)

COCA-COLA CO. v. BROWN.

District Court, M. D. Pennsylvania.

July 19, 1932.

Attorney(s) appearing for the Case

Harold Hirsch & Marion Smith and Frank Troutman, all of Atlanta, Ga., and Knapp, O'Malley, Hill & Harris, of Scranton, Pa., for plaintiff.

J. Julius Levy and Frank J. McDonnell, both of Scranton, Pa., for defendant.

WATSON, District Judge.

This is a suit for an injunction for unfair trade practice and for an accounting.

The court finds the following facts:

1. Plaintiff is engaged in the manufacture and sale of a syrup and beverage made therefrom, under the trade-mark "Coca-Cola."

2. Continuously from the year 1886 down to the present time, the plaintiff and its predecessors in business have, to the exclusion of all other persons, used the name "Coca-Cola...

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