The COCA-COLA COMPANY, a corporation, et al., Petitioners
v.
FEDERAL TRADE COMMISSION, Respondent, Coca-Cola Bottlers' Assoc., et al., Associated Coca-Cola Bottling Co., Inc., Coca-Cola Bottling Co. Consolidated, Coca-Cola Bottling Co. of New York, Inc., Coatesville Coca-Cola Bottling Works, Inc., Coca-Cola Bottling Midwest, Inc., Coca-Cola Bottling Co. of Los Angeles, et al., Intervenors.
PEPSICO, INC., Petitioner,
v.
FEDERAL TRADE COMMISSION, Respondent, Pepsi-Cola Albany Bottling Company, Inc., Pepsi-Cola Bottling Company of Central Virginia, Pepsi-Cola Bottling Company of Tampa, Inc., and
Pepsi-Cola Bottlers Association, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 25, 1978.
Decided February 5, 1981.
Attorney(s) appearing for the Case
Milton Handler, New York City, for petitioner in No. 78-1544.
Gordon B. Spivack, New York City, with whom Thomas D. Brislin and Jonathan M. Jacobson, New York City, were on the brief, for petitioners in No. 78-1364.
Willis B. Snell, Michael L. Denger, Robert W. Clark, III, and Ronald M. Levin, Washington, D.C., were on the brief, for intervenor Coca-Cola Bottlers' Assn., et al., in No. 78-1364.
Lawrence R. Levin, Chicago, Ill., with whom Wilson P. Funkhouser, Chicago, Ill., were on the pleadings for intervenor, Associated Coca-Cola Bottling Co., Inc., in No. 78-1364.
Carleton A. Harkrader, Washington, D. C., with whom Thomas C. Matthews, Jr., Terrence Roche Murphy, Lewis M. Popper and Douglas Carnival, Washington, D. C., were on the brief, for intervenor, Coca-Cola Bottling of Los Angeles, et al., in No. 78-1364.
Robert J. Sisk, New York City, for petitioner in No. 78-1545.
David M. Fitzgerald, Atty., Federal Trade Commission, Washington, D. C., with whom Gerald P. Norton, Deputy General Counsel, Miriam A. Bender and Leslis R. Melman, Attys. Federal Trade Commission, Washington, D. C., were on the brief for the respondent.
Also John P. Gaither, Chattanooga, Tenn., entered an appearance for intervenor, Coca-Cola Bottling Co., in No. 78-1364.
Also Barlett H. McGuire, New York City, entered an appearance for intervenor Coca-Cola Bottling Co. of New York.
Also Roger N. Nanovic, Jim Thorpe, Pa., entered appearances for intervenor, Coatesville Coca-Cola Bottling Works, Inc., in No. 78-1364.
Also Douglas M. Carnival, Washington, D. C., entered an appearance for intervenor, Coca-Cola Bottling Midwest, Inc., in No. 78-1364.
Before LEVENTHAL, MacKINNON and ROBB, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
PER CURIAM:
Petitioners The Coca-Cola Company ("Coke") and PepsiCo. Inc. ("Pepsi") manufacture soft drink concentrates and syrups. They supply these ingredients to bottlers whom they license, under various trademarks, to manufacture and distribute several flavored carbonated soft drink products. The trademark licenses grant to each bottler the exclusive right to manufacture, distribute, and sell the trademarked product within a geographic area defined by the contract...
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