Selected Cases

Royal Crown Co. v. Coca-Cola Co.

892 F.3d 1358 (Fed. Cir. 2018)

On behalf of Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. (together, “RC”), the Firm prevailed at the Federal Circuit Court of Appeals after a nearly decade-long battle concerning whether The Coca-Cola Company (“TCCC”) could claim exclusive trademark rights to ZERO for soft drinks.  The Federal Circuit vacated the decision of the Trademark Trial and Appeal Board (“TTAB”), finding, among other things, that the TTAB had applied the wrong legal standard to the question of whether ZERO is generic, had failed properly to assess the degree of the term’s descriptiveness, and had incorrectly weighed evidence, including by improperly discounting RC’s evidence of third-party use of ZERO.  The Federal Circuit remanded the case to the TTAB for further proceedings.

PDF icon Download PDF (177.83 KB)

To discuss how we can help your organization, please contact your primary Fross Zelnick attorney or send an email with your questions. One of our partners will ensure that your inquiry receives a prompt response.


5 articles found
U.S. Trademark Litigation Firm of the Year
Partner Laura Popp-Rosenberg accepted the U.S. Trademark Litigation Firm of the Year award...
Tier 1 Ranking in 2019 “Best Law Firms”
U.S. News & World Report and Best Lawyers® "Best Law Firms" Ninth Edition ranks Fross...
Erica McCurdy (formerly Gould) Writes Chapter on Cuba
Our Erica McCurdy wrote the chapter on Cuba in the Ibero-American Fashion Law Guide of the...
FZLZ Lawyers Named IP Stars and Rising Stars for 2018 by Managing Intellectual Property
Managing Intellectual Property named Fross Zelnick lawyers Lawrence Apolzon, Cara Boyle,...
FZLZ Partners Named in the 2019 Edition of The Best Lawyers in America©
The 2019 edition of The Best Lawyers in America© continues the publication’s long history...