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COCA-COLA COMPANY v. GEMINI RISING, INC.

Civ. A. No. 72 C 194.

346 F.Supp. 1183 (1972)

The COCA-COLA COMPANY, a corporation, Plaintiff, v. GEMINI RISING, INC., Defendant.

United States District Court, E. D. New York.

July 24, 1972.

Attorney(s) appearing for the Case

Weil, Lee & Bergin, by Alfred T. Lee, New York City, Julius R. Lunsford, Jr., Fred G. Stowers and James W. Young, III, Atlanta, Ga., for plaintiff.

Seymour Barash and Frederick Johnson, New York City, for defendant.

MEMORANDUM AND ORDER

NEAHER, District Judge.

The Coca-Cola Company brings this action to enjoin defendant from printing, distributing and selling commercially a poster which consists of an exact blown-up reproduction of plaintiff's familiar "Coca-Cola" trademark and distinctive format except for the substitution of the script letters "ine" for "-Cola", so that the poster reads "Enjoy Cocaine." Jurisdiction is based on 28 U.S.C. §§ 1338 and 1332...

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