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COCA-COLA COMPANY v. CAHILL

No. 72-1657.

480 F.2d 153 (1973)

The COCA-COLA COMPANY, a corporation, Plaintiff-Appellee, v. Jack CAHILL, an Individual, d/b/a Dairy Maid and/or Cahill's Dairy Maid, Defendant, and Triple "AAA" Company, a corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 31, 1973.

Attorney(s) appearing for the Case

John B. Ogden, Oklahoma City, Okl., for defendant-appellant.

Fred G. Stowers, Atlanta, Ga. (Julius R. Lunsford, Jr., Atlanta, Ga., and John W. Swinford, Oklahoma City, Okl., with him on the brief), for plaintiff-appellee.

Before MURRAH, Circuit Judge, DURFEE, Judge, Court of Claims, and McWILLIAMS, Circuit Judge.

PER CURIAM.

This is another of the legion of cases brought by Coca-Cola Company against competing beverage manufacturers for unfair competition and trademark infringement. Triple "AAA" Company produces and markets a soft drink similar in color and taste to Coca-Cola. Jack Cahill, doing business as Cahill's Dairy Maid, sold the Triple "AAA" beverage to the public under the names "Tacola" and "Tacola-Cola." Coca-Cola Company, owner of valid registered trademarks for...

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