The famous beverage company Coca-Cola originally included cocaine in its cola soft drink (which may have helped encourage repeat business). By 1900, however, the company had eliminated cocaine from the drink's recipe. Nonetheless, Coca-Cola enjoyed a strong increase in sales in the years after 1900, which resulted principally from heavy advertising by the firm. The company emphasized to distributors, retailers, and the general public (through ads) that the product should be known as "Coca-Cola" only. The consuming public, though, quickly began referring to the product as "Coke."

The Koke company began selling a competing soda, which it called"Koke" or "Koke-Up," in 1915. Coca-Cola sued Koke to block use of this name, arguing that "Coke" was its trademark. Koke contended, among other arguments, that the company had not made sufficient use of "Coke" to earn trademark protection.

Who should win the lawsuit, and why?