Meenaxi Enterprise, Inc. v. Coca-Cola Co., No. 21-2209 (Fed. Cir. 2022)
Annotate this Case
Coca-Cola distributes a Thums Up cola and Limca lemon-lime soda in India and other foreign markets. Meenaxi has distributed a Thums Up cola and a Limca lemon-lime soda in the United States since 2008 and registered the THUMS UP and LIMCA marks in the United States in 2012. Coca-Cola brought cancellation proceedings under the Lanham Act, 15 U.S.C. 1064(3), asserting that Meenaxi was using the marks to misrepresent the source of its goods. The Trademark Trial and Appeal Board canceled Meenaxi’s marks.
The Federal Circuit reversed. Coca-Cola has not established a statutory cause of action based on lost sales or reputational injury. Coca-Cola does not identify any lost sales in the United States but instead relies on testimony that “THUMS UP-branded and LIMCA-branded products are resold in Indian grocery stores around the world, including in the U.S.” Coca-Cola presented no evidence that it sells the Limca soda in the United States and established only that Thums Up cola is “available for purchase as an individual beverage or as part of a tasting tray” at “World of Coca-Cola” and “Coca-Cola Store” locations in Atlanta and Orlando.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.