Coca-Cola V. Gemini Rising, Inc.: A Document Analysis

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Legal scholars assert that the damage to a trademark due to dilution is far more severe than the damage to a trademark due to confusion. For example, the Coca-Cola Company would suffer less economic damage from having an occasional consumer, who wants a can of Coke, mistakenly purchase a can of Pepsi, than having the consumer associate Coke with cocaine. U.S. case law surrounding dilution further establishes than dilution damages a trademark. In Cola-Cola v Gemini Rising, Inc., a poster manufacturer was selling posters that had the phrase ‘Enjoy Cocaine’ written across them. This slogan was written in the same stylized script and in the same colours as that of a registered Coca-Cola trademark, Enjoy Coca-Cola. The court stated that, in the

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