El Paso herald. (El Paso, Tex.) 1901-1931, 1919-03-01
COCA COLA CO.
LOSES BIC SUIT
Ninth Circuit Court Of Ap-
peals Remands Case To
Ariz. Federal Court.

Enoenl1s ArlL-s Aarcn IL uQEe
Richard z. Sloan. OF this city. lead
ing council for the defendant, has re-
ceived a copy OF the Judgment in his
favor given by the ninth district
court OF appeals in san Francisco in
the case OF the Coca-Cola Co. OF At
lauta, Georgia, against the Koke Co.
OF America and its subsidiary corpor-
atoms The suit was brought in Ari-
IONA, in which state the defendants
have Incorporation The complaint
charged unfair competition with a
similar preparation, marketed in sim
liar packages and with similar labels
and designated as coke" and dope. %
nicknames alleged to have been popu-
lar among the consumers OF the plain
tiffS product In the United States
court for the Arizona district, judg-
ment for plaintiff was ordered BY
judge W. h Sawtelle. The appeal re-
suited IN reversal
Judges Gilbert. Hunt and Ross
heard the case in the circuit court
The judgment agreed with the court
below that the defendants had Sc
iected a name designed to serve in
reaping the benefit of the reputation
and advertising OF the plaintiff and
that the barrels and labels had been
nearly like those Of the complainant
IF this were ALL" the court stated,
I'VE would readily affirm the in
terIocutory decree appealed from"
Clnlms False Representations
But the court continued that when
false representation Is charged BY the
owner OF q trade mark. the plaintiff
himself should not be guilty OF false
saying.
The evidence, we think. leaves no
room for doubt that the appellees very
extensive business, conducted un6sr
the name 'Coca-Cola' Is not entitled
20 protection at the hands OF a court
in the beginning. and for many years
the coca OF which its COM
pound was in large part made, con-
tanned the deadly drug cocaine and
the caffeine, which constituted the
other main ingredient. was derived
mainly. and indeed, almost exclusively.
not from cola nuts, but from tea
leaves. Yet the labels with which the
preparation was adorned contained
pictures Of cola leaves and cola nuts
and was widely advertised and sold,
first. under the name Of 'COca-COla.
as a valuable brain tonic and ideal
nerve tonic and stimulent.' as a cure
OF headache, neuralgias hysteria and
and of nervous afflic-
ton. under which representations a
tremendous consumption was built up
and under which large numbers OF
the appeilees customers stil consume
the mixture, although long prior to
the bringing OF the present suit. the
drug cocaine was practically eiimi-
mated from the drink and caffeine
Of which Il has since been mainly
composed. still comes mainly, II not
from other sources than the
cola nut We find such conduct on
the part OF the appellee to be. IN fact.
such as precludes q court OF
equity from affordinE Il any relief
Involves $1,000. 900 n Year.
The salt probably was the most I'M
Dortant, from a financial standpoint
ever tried IN an Arizona court. involve
Ing trade stated TO be worth profits
81 around $50 1000 a year. The
plaintiff is understood 20 have spent
II least 100000 IN preparation for
he case. The testimony filled ~
large printed volumes and the con-
iensatlon six volumes The defend
lnts' record alone covered 5000 printed
pages
The matter has been remanded 20
The Arizona court for dismissal AZ
he complainznt's cost Il cannot be
appealed to a still higher court and,
therefore. is final