The COCA-COLA COMPANY, a corporation, Plaintiff, v. GEMINI RISING, INC., Defendant, 346 F. Supp. 1183

Summary

Plaintiff soft drink manufacturer moved for a preliminary injunction to restrain defendant poster retailer from further sale of a poster generated by defendant, which consisted of an exact blown-up reproduction of plaintiff's familiar trademark and distinctive format. Defendant made a substitution of the script letters in the trademark, which encouraged people to enjoy a narcotic drug. Defendant opposed plaintiff's motion asserting that the court was without subject matter jurisdiction over the claim and that there was no trademark infringement. The court found in favor of plaintiff and granted its motion for a preliminary injunction. The court found that plaintiff had made a sufficiently clear showing of need for immediate protection of its trademark and business reputation to warrant injunctive relief. Even though there was no confusion of goods, there was a clear showing of impairment of plaintiff's mark as a selling device because of defendant's use.