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Polar Corp. v. Coca-Cola, 871 F. Supp. 1520 (1994) p.117

FACTS

Polar had advertisement depicting a polar bear throwing a can of Coke into trash parrel labeled "Keep the Arctic Pure" and then drinking, with satisfaction, a can of Polar seltzer.

HOLDING

Court enjoins Polar's advertisement under § 43(a).

RATIONAL

Advertisement implies that Coke is not pure. Thus, Polar has misrepresented the nature and quality of Coke (disparagement). There is insufficient evidence that Coke is not pure. Since the soft drink consumer's perception of quality and purity is important, Coke will suffer irreparable harm without injunction.

Created on: Thursday, March 16, 2000 at 18:19:21 (PST)


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