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Keywords

plaintiffdefendantinjunctiontrialmotiontrademarkcorporation

plaintiffdefendantdamageslitigationinjunctiontrialaffidavitmotiontrademark

Related Cases

Coca-Cola Co. v. Gemini Rising, Inc., 346 F.Supp. 1183, 175 U.S.P.Q. 56

Facts

The Coca-Cola Company, a Delaware corporation, has been using the trademark 'Coca-Cola' since 1893 and holds several federal trademark registrations. The defendant, Gemini Rising, Inc., created a poster that mimicked Coca-Cola's trademark and format, changing 'Cola' to 'Cocaine'. Since November 1970, the defendant sold over 100,000 copies of the poster, which was designed to look similar to Coca-Cola's branding. The plaintiff argued that the poster would confuse consumers and damage its reputation.

Defendant admits it has sold over 100,000 copies of the “Enjoy Cocaine” poster throughout the United States since November 1970.

Issue

Whether the Coca-Cola Company is entitled to a preliminary injunction to prevent Gemini Rising, Inc. from selling a poster that parodies its trademark.

Rule

To obtain a preliminary injunction in a trademark case, a plaintiff must show a reasonable probability of success at trial and that the balance of hardships tips in their favor.

To obtain injunctive relief pendente lite in a trademark case a plaintiff must show a reasonable probability of success at trial or at least raise “questions going to the merits so serious, substantial, difficult and doubtful, as to make them a fair ground for litigation and thus for more deliberate investigation” with a tipping of “the balance of hardships … decidedly toward plaintiff” even though a strong likelihood of success is not demonstrated.

Analysis

The court analyzed the likelihood of confusion among consumers due to the defendant's use of a similar trademark format. It noted that the trademark 'Coca-Cola' has acquired a secondary meaning and that the defendant's poster could lead consumers to mistakenly associate it with Coca-Cola. The court emphasized that the potential harm to Coca-Cola's reputation from the association with cocaine warranted injunctive relief.

The court is satisfied from the affidavits and exhibits submitted by both parties that plaintiff has made a sufficiently clear showing of need for immediate protection of its trademark and business reputation to warrant preliminary injunctive relief.

Conclusion

The court granted the Coca-Cola Company's motion for a preliminary injunction, concluding that the unauthorized use of its trademark by the defendant was likely to cause irreparable harm to its business reputation.

Plaintiff's motion for a preliminary injunction is granted on condition that it furnish security for any costs or damages of defendant in the amount of $25,000.

Who won?

The Coca-Cola Company prevailed in the case because the court found that the defendant's poster could harm its reputation and business, justifying the issuance of a preliminary injunction.

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