This Article first appeared in The Journal Record - November 12, 2009.
Calling your new soft drink formula Coca-Cola when it’s not “the real thing” would be trademark infringement, which occurs when the same or similar mark is used in a way that would lead to consumer confusion. But that doesn’t mean you can never use a trademark that belongs to someone else.
Article authored by McAfee & Taft attorney: Rachel Blue
Please see full article below for more information.