BUSI 336 discussion

Description

Case 8.1 The Coca-Cola Co. V. The Koke Co. of America.Review the case summary beginning on page 140  of your text and type responses into a MICROSOFT WORD DOCUMENT. Remember to individually number each response. Upload the document into Blackboard. Please do not upload documents in any other format as Blackboard will not recognize them. NOTE: The case summary included in the textbook is heavily condensed. Students should understand that “Coke” was approved for trademark protection as a “suggestive term” because it referred to one of it’s principle ingredients. Coca-Cola is suing the Koke Company for trademark infringement due to the similarity of the two names (Koke v. Coke). The Koke is arguing that Coca-Cola’s use of Coke should not be protected under trademark law because the beverage no longer contains the ingredient (cocaine) which formed the basis for recognizing the trademark in the first place.

Under current law, what must be proven to successfully bring a general claim of trademark infringement?

Explain how the Koke company has infringed upon Coca-Cola’s trademark (i.e., apply the facts to the law identified in your response to question 1, above)  

1. How does a claim for trademark dilution differ from a claim for trademark infringement?