Weekly journal-miner., 1915-08-04
WANT INJUNCTION AGAINST KOKE
 COMP PANIES
COCA COLA CONCERN IS FIGHTING FIVE DEFER ENT ALLEGED MANU- LECTURERS OF DRINK.
(From Tuesdays Daily)

The first round of the battle of the
 Coca Cola Company against five diff
 ferent Koke companies to obtain an injunction restraining the defendants
 from using the trade mark "Koke" was fought in the Federal court in
 this city yesterday before Judge w.
 H. Sawtelle.
 The original complaint was filed year ago by the Atlanta, Ga, com pany, and is made out against the Koke Company of America, of St. Louis, the Southern Koke Company, of Oklahoma, and the Koke Com pany, of Arkansas. The defendant companies are all incorporated under the laws of Arizona. The case which started yesterday will probably take
 10 days to complete.
 Prominent attorneys from both the East and the South are present be- sides one Phoenix attorney They are: for the plaintiff, Joseph E. Nor rison and Edward s. Rogers, of Chi cago, and Harold Hirsch and H. B. Price, of Atlanta, Ga; for the defend ants, Judge R. E. Sloan, of Phoenix, and A. B. Littleton and w. F. Nor man. of Chattanooga, Tenn.
 The reading of the complaint and answers of the five companies occu pied the time of the court yesterday afternoon. According to the plain tiff the Coca Cola secret formula was discovered in 1886 by !. s. Penn berton at Atlanta, Ga. and has chang ed hands number of times before it was finally known as the Coca Cola Company. The claim is that the words "koke" and dope" originated among the drinkers of the beverage and that when appearing at a soda fountain they would merely ask for koke or dope, when they wanted Coca Cola. The plaintiff alleges that the five companies took advantage of this and started manufacturing a beverage which they named Koke and which was served by the soda fountain men and others to the pub lie when asked for "koke" or dope" The plaintiff also claims that to mis- lead the public the defendants used the same kind of barrels, jugs, dis pensers and other receptacles to hold their product as those used by the Coca Cola Company and that they used stationery and letter heads that look like those of the Coca Cola Com pany.
 In answer the five companies say that the Texas Company is the only one selling the product in Arizona and that their products originally were the same as that of the plaintiff | but that they are not at present.
 The next claim of the defendants is that the name Coca Cola is mis representative and misleading be- cause the coca leaves and cola nuts are not used in making it and that if they are no appreciable amount is used. They deny that the plaintiff has right to use the name Coca Cola exclusively and claim the letter heads, barrels and other receptacles used by the plaintiff company are specifically They also deny that they tried to take advantage of the reputa ton gained by the Coca Cola Com pany by using the name Koke which they claim has nothing to do with the other trade mark
 Among the United States employees who are brought to Prescott by the special session of the United States District court in this city are: Clerk of Court George w. Lewis, United States Marshal Joseph P. Dillon, Chief Deputy Don Willits. R. w. Kramer, the judges secretary, and R. C. McFall, stenoErapher