COCA-COLA CO. v. DIXI-COLA LABORATORIES

No. 5431.

155 F.2d 59 (1946)

COCA-COLA CO. v. DIXI-COLA LABORATORIES, Inc., et al.

Circuit Court of Appeals, Fourth Circuit.

After Reargument May 3, 1946.


Attorney(s) appearing for the Case

John A. Sibley, of Atlanta, Ga., and Hilary W. Gans, of Baltimore, Md. (Edwin W. Canada, of Atlanta, Ga., on the brief), for appellant and cross-appellee.

W. Hamilton Whiteford, of Baltimore, Md., and Joseph S. Mead, of Birmingham, Ala., for appellees and cross-appellants.

Before SOPER and DOBIE, Circuit Judges, and BARKSDALE, District Judge.


SOPER, Circuit Judge.

Upon the former appeal in this case, Dixie-Cola Laboratories, Inc. v. Coca-Cola Co., 4 Cir., 117 F.2d 352, our attention was directed mainly to the contention of the Coca-Cola Company that the names Dixi-Cola, Marbert Cola and Marbert the Distinctive Cola infringe the trade mark "Coca-Cola" because the word "Cola" leads the public to believe that the defendants' product originated with the Coca-Cola company....

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