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SEVEN-UP CO. v. COCA-COLA CO.

No. 95-10048.

86 F.3d 1379 (1996)

SEVEN-UP CO., Plaintiff-Appellant, v. COCA-COLA CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 8, 1996.

Attorney(s) appearing for the Case

Cynthia C. Hollingsworth, John Carroll Nabors, Gardere and Wynne, Dallas, TX, Harold Henson Walker, Jr., Gardere and Wynne, Houston, TX, James U. White, Jr., White, Coffey, Galt and Fite, Oklahoma City, OK, Stacy R. Obenhaus, Houston, TX, for plaintiff-appellant.

W. Thomas Haynes, Atlanta, GA, Marvin S. Sloman, Fletcher L. Yarbrough, Tod B. Edel, Rebecca Adams Cavner, Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, Elizabeth Finn Johnson, Albert Carl Loebe, The Coca-Cola Company Litigation Division, Atlanta, GA, for defendant-appellee.

Before GARWOOD, EMILIO M. GARZA and DENNIS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

The Seven-Up Company sued the Coca-Cola Company under the Lanham Act, alleging that Coca-Cola had used a false and misleading promotional presentation to convince several independent bottlers to cease distributing the soft drink 7UP and to begin distributing Sprite, a Coca-Cola product. At trial, a jury found that the presentation was false and misleading, and that it was a substantial factor in causing two bottlers to switch from 7UP...

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