This section contains the nature of the case and procedural background.

P is the manufacture of a soft drink syrup under the trademark 'Coca-Cola.' A considerable portion of the public abbreviate the trademark to 'koke (coke),' and call for it as 'koke (coke)'; that when offered as a soft drink 'Koke (coke)' means 'Coca-Cola.' D has adopted a name to be used on a soft drink with the words 'Koke-Up.' P contends the application of the word 'koke' to a soft drink is a representation that it is 'Coca-Cola.' That the public refers to and calls P's product 'Coca-Cola' 'koke.' P seeks an injunction against D.

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