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CADBURY BEVERAGES, INC. v. COTT CORP.

No. 1834, Docket 95-7023.

73 F.3d 474 (1996)

CADBURY BEVERAGES, INC., Plaintiff-Appellant, v. COTT CORPORATION and Cott Beverages USA, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 3, 1996.

Attorney(s) appearing for the Case

Albert Robin, New York City (Howard B. Barnaby, Robin, Blecker, Daley & Driscoll, New York, N.Y.; Gary G. Lyons, Stamford, Connecticut, on the brief), for plaintiff-appellant.

Kenneth A. Plevan, New York City (Miriam L. Siroky, Skadden, Arps, Slate, Meagher & Flom, New York, N.Y., on the brief), for defendants-appellees.

Before: VAN GRAAFEILAND, JACOBS, and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

The question presented is whether there is a likelihood of confusion when two manufacturers use the same mark in the sale of soft drinks, but one uses the mark primarily as a brand label, and the other uses it as a trade name in the distribution of soft drinks to retail stores for sale under their own "private labels." The United States District Court for the Southern District of New York...

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