200 F. 105 | N.D. Ala. | 1912
The right of complainant to the use of the words “Coca-Cola” as a technical trade-mark under the act of 1881 is doubtful; at least, in view of the fact that the words are admittedly suggestive, and probably merely descriptive of the constituents of the beverage, and not subject to be appropriated as a trademark. On motion for a preliminary injunction, the complainant is
Infringement is shown, if the trade-mark is valid, without conflict. The evidence does not show that a deleterious substance is included in the formula, or purposely introduced into the beverage, and there is not sufficient showing that complainant is disentitled to protection upon that ground.
Complainant has sufficient interest in the subject-matter of the suit to maintain it. It retains title to the trade-mark and is directly interested in the infringement of it, with reference to even bottled goods, since the diminution of sales, by infringement of the bottlers, reflects on its sales to the bottlers.
The act of February 20, 1905, does not seem tc me to be open to the constitutional objections asserted against it by respondents..
I think the greater probability of injury, not capable of being indemnified against, is with the denial of the temporary injunction.