Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-04-15
PLAN To DESTROY
RIGHTS IS CHARGED
!G DELAWARE co.
Petition Alleges Pub lie
"Lured" to Invest in
Stock - Notable Array of
legal Talent in Case

Legal lalent IN Ease
The Coca-Cola Company Of Della
ware, which formerly was the Coca
Cola Company of Atlanta. Tuesday
night, was enjoined by Judge George
l.. Bell, of Fulton superior court, in
Two suits, from in any wise inter-
fering with contracts between the
manufacturers of the well-known soft
drink syrup and the two principal
bottling companies of the United
states-the Coca-CoIa Bottling COM
pany, of Atlanta, and the Coca-Cola
Bottling company. of Chattanooga.
The Injunction, which is returnable
for hearing at $3.50 a. M, on Satur-
day, April Gath, further restraints the
Loca-Cola company from furnishing
syrup for bottling purposes to any
other person whomsoever in certain
territory which is covered by con-
tracts between the syrup manufac-
surers and the bottlers: and from as
signing, transferring or conveying
any right in the trade mark COCOA
Cola" or any of the labels or de-
signs used in connection Herewith,
or from granting any license for
the manufacture Of bottled Coca-Cola
in the designated territory; or from
the use Of the trade mark in connec-
ton with bottled Coca-Cola and from
themselves bottling, selling, or at
tempting to sell bottled Coca-Cola in
the designated territory.
The bills further restrain the Coca
Cola company from making or at
tempting to make any contracts with
any person Whomsoever or under
fixing to convey or give the right to
-s5ettled Coca-Cola In the designated
territory or to use the trade mark or
labels Hereunder on bottlsde4eseea4
Cola
The manufacturers of the syrup
are further restrained from making
} for sale any Coca-Cofa syrup for
bottling purposes in the designated
territory except only to furnish and
supply the syrup to the two bottling
companies that are plaintiffs in the
action.
Notable Legal Talent
The restraining orders signed by
Judge Bell precipitate in the courts
Of Fulton county litigation which
promises to rank among the most
important and bitterly contested
suits in the history Of the state II
marks the elimination of negotia-
tons between the parent bottlers and
the Coca-Cola company that have ex-
tended over months-in fact almost
ever since the original properties
were acquired by the present Della
ware corporation. 1t will bring tc
inc front a notable array Of counsel
The plaintiffs are represented by
King & Spalding; Rosser, Slaton
Phillips & Hopkins; C. T. & John L
Hopkins; Brown, Spurlock & Brown
Williams Lancaster. The names OF
all these firms appear as attorneys
Of record in the petitions signed By
Judge Bell.
1t isl understood that the Coca.
Cola ohnpany will be represented by
Thomson, Gambler & Hirsch; Ander
son, Rountree & Crenshaw; and AL
ston & Aston. Associated with then
will be prominent legal talent from
New York.
The litigation is predicated upor
The contention of the bottlers tina
Z, ~ ~
the Coca-Cola company for the excIu
sive right and license to bottle ant
, sell Coca-Cola syrup in certain slip
nlated territory, said territory EN-
bracing practically all of the United
States except the six New England
states. Copies of the original con
tracts with certain amendment
thereto, are subjoined TO the petition
rs exhibits.
: 1t is thee ontention of the petition
srs that since the sale of the Coca
Cola company by the Gambler inter
ests and it's requirement by the Della
ware corporation, a plan has bee1
conceived and is being undertaken t
destroy the rights Of the parent bot
tiers and to secure for the Delawar
corporation the benefits of the bust
ness that has been established u
great expense by the bottlers. 1t
charged further that the Delawar
corpora ton is seeking to appropriat
% itself by new and forced contract
Of the bottlers, the contractees an
The licenses of the parent bottlers S
\ Sat it may gather to itself all tn
Substantial profits of the Coca-Col
settling business.