PRACTICE 11

Coca-Cola once contained Cocaine. The produce had the nickname, Coke. Many thought that this nickname was a reference to the Cocaine that it once contained. In the case Coca-Cola Co. v. Koke Co. of America the defendant said that the nickname Coke was not a valid trademark especially since the product no longer contained cocaine. The Supreme Court disagreed and barred the use of the name Koke by a competitor. What if any of the following statements are true about this case?

a.Koke Co. of America lost this case because there was a showing that they intentionally tried to confuse customers.

b.Koke Co. of America would have won the case if they could show that their product tasted nothing like Coca-Cola

c.If Koke Co. of America could have shown that their product contained Cocaine at the time of the case, they would have won.

d.If the defendant Koke Co. of America could have shown that the name Coke for many drinks of this type predated the company Coca-Cola, they would have won the case.

e.This case turned on the fact that Coca-Cola was the first to register the Trademark "Coke".