Coca-Cola Loss Raises—But Ducks—Territoriality Trademark Tension

Coca-Cola Co.’s failure to provide critical evidence regarding its Indian trademarks prevented its case against a US copycat from reaching the uncertain intersection of two core trademark principles: confusion and territoriality.

Meenaxi Enterprise Inc. convinced the US Court of Appeals for the Federal Circuit to revive its US registrations of Thums Up and Limca soda trademarks—marks that Coca-Cola made famous in India. But evidence that Indian-Americans knew the brands well could’ve helped Coca-Cola avoid the appeals court’s finding that its claims of damages were merely speculative.

That would have cast the case into an actively disputed area that’s the subject ...