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COCA-COLA CO. v. HY-PO CO.

1 F.Supp. 644 (1932)

COCA-COLA CO. v. HY-PO CO. et al.

District Court, E. D. New York.

August 22, 1932.

Attorney(s) appearing for the Case

James F. Hoge and Edward S. Rogers, both of New York City, and Harold Hirsch, Marion Smith, Frank Troutman, and Roy Jones, all of Atlanta, Ga., for plaintiff.

Kadel, Van Kirk & Trencher and Frank Steinberg, all of New York City (Bernard Trencher, of New York City, of counsel), for defendants Hy-Po Co. and Jack Liss.

Samuel Rabinowitz, of New York City, for defendants Hillel Sharf, Isidore Sharf, and Mixo-Cola Co.

INCH, District Judge.

Plaintiff corporation, a citizen of the state of Delaware, makes and sells a beverage which is called Coca-Cola. It has been doing so for many years and, by diluting it with carbonated water, many people have found it to be a refreshing drink.

Large sums of money have been spent by plaintiff in distributing and advertising this drink.

In this way it has become so popular that it has been said by the Supreme Court (1920): "The...

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