The Coca-Cola Company, a Corporation v. Overland, Inc., Doing Business as Topaz Lodge and Casino, and R.H. Hobson
Opinion
Opinion
Choy, J.
The Coca-Cola Company sued for injunctive relief charging Overland, Inc. with trademark infringement and unfair competition in violation of the Lanham TradeMark Act (Lanham Act), 15 U.S.C. § 1051 et seq. Overland denied liability and counterclaimed charging Coca-Cola with using trademark-infringement suits as a means of attempting to monopolize the soft-drink syrup market in violation of § 2 of the Sherman Act, 15 U.S.C. § 2 . The district court granted summary judgment against Overland on both Coca-Cola’s complaint and Overland’s antitrust counterclaim. The court permanently enjoined Overland and its agents, servants, and employees, from substituting in response to orders for “Coca-Cola” or “Coke” any beverage other than that sold by the Coca-Cola Company unless they first give the customer oral notice of the substitution and obtain the customer’s approval. It also dismissed Overland’s antitrust counterclaim with prejudice. Because we find that there are no genuine issues of material fact with respect to either Overland’s liability or Coca-Cola’s non-liability, and because we also find that Coca-Cola is entitled to judgment as a matter of law, we affirm.