In the case discussed, the Supreme Court held that the trademark for Coca-Cola was valid and banned another company from using a similar mark on a similar product. If Koke, Co. did not make cola, but instead made low-quality bakery items, Coca-Cola may win a suit for infringement based on what?

Question

03-02-2020
Business

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In the case discussed, the Supreme Court held that the trademark for Coca-Cola was valid and banned another company from using a similar mark on a similar product. If Koke, Co. did not make cola, but instead made low-quality bakery items, Coca-Cola may win a suit for infringement based on what?

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jepessoa jepessoa · Answer 1 · 2020-02-05T23:46:51+01:00

Answer:

The Supreme Court ruled that the name Coke was so well known around the world, that it is effectively a common term for the trademarked Coca Cola. If other companies try to use similar terms like Koke for other types of products, e.g. bakery items, there is a risk that the Coca Cola company would be negatively affected by that product's image since consumers might associate Koke directly to Coca Cola.

It doesn't matter if the products were low quality or not, the courts cannot determine that, what matters is that the use of the term may negatively impact another company.