Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-05-15
RIGHT To FORMULA
FOR COCA-COLA IS
BOTTLERS' CLAIM
Amendment to Petition to
Prevent Cancellation Of
Contract by Delaware
Company Filed Friday

Claiming an equitable right to
the distinctive trademark, trade
name and secret formula for Coca.
Cola, in SO far as the bottled drink
is concerned, the Coca-Cola Bot
thing company on \Friday filed in
the Fulton superior court an amend
ment to it's previous petition to pre-
vent the cancellation of existing
contracts between the Coca-Cold
company of Delaware and the parent
bottling corporation.
The amendment constitutes. the
latest and most sensational phase
of the litigation which arose as the
result of the alleged attempt on the
part fthe newly-organized Coca
Cola compony of Delaware to abro.
gate contracts made between Coca
Cola company of Georgia and the
Coca-Cola Bottling company for the
furnishing to the latter company of
Coca-Cola syrup for bottling pur-
poses.
The amendment was filed by the
legal representatives Of the Coca
Cola Bottling company-the firms of
King & Spalding; Rosser, Slaton
Phillips & Hopkins; c. 7. & John L,
Hopkins; Brown, Spur1ock & Brown
and Williams & Lancaster. BY this
latest step the. parent bottlers de-
mand that the formula for the
manufacture of bottled Coca-Cola
syrup be turned over to them.
The amended petition, which is a
most voluminous document, reaf-
firms the sbasis of the original suit,
setting forth the various legal
grounds on which the Coca-Cola
Bottling company seeks to prevent
the cancellation Of it's contracts with
the Coca-Cola company. 1t goes
further. however, and recites n de,
tail the development of the bottling
industry on the basis Of these con-
tracts, declaring that millions of
dollars have been expended by the
parent bottlers and the sub bottlers
and licensees for equipment, adver-
Using and various purposes intend
ed to increase the sale of bottled
Coca-Cola and develop the business
to it's fullest extent.
1t is asserted that the original
contract with the Coca-Cola COM
pany of Georgia, which was assumed
by the Coca-Cola company of Della
ware, conveyed and granted to the
parent bottlers the title to the trade
mark, trade name and label ex-
clusively as to the bottled drink
within specified territory.
Further Contentious
The bottlers further contend that
the terms of this contract carry, N
consequence of the grants as the
trade mark trade name and label, the
right to the syrup itself, which stood
for the words "Coca-Cola"
1.-The words were a symbol of par
ticular syrup made in a particular
way, consisting of particular ingre-
dents that were made and manufac-
tured by the Coca-Cola company of
Georgia." says the petition. when
the petitioner and it's predecessors
were granted and obtained the fee
simple title to the use of the trade
name trade mark and trade label of
Coca-Cola, as to the bottled drink and
within the territory described, they
became the owners in fee in and to
the syrup itself, or the right to make
it, own il or possess it. This right
has not been heretofore asserted be-
cause under the contract the syrup
was to be made and furnished by the
CocaCola company of Georgia to
the petitioner and this. until recent
ly, has been complied with"