Coca - Cola Bottling Co. v. Coca-Cola Co., 269 Fed. 796.
2. This plant shall be established by the Distributor without any expense or liability of any sort against the Manufacturer.
3. The Distributors agree to prepare and put up in bottles or other receptacles, a carbonated drink containing a mixture of the..........syrup and water charged with carbonic acid gas under a pressure of more than...........atmosphere.
Said..........syrup and said water in said mixture shall be used in proportions of not less than..........ounce of syrup to..........ounces of water.
4. The Distributors agree to put up and keep and cause to be kept in sufficient quantity to supply the demand in all territory embraced in this agreement, a supply of this carbonated drink. If the Distributors, after receiving notice in writing from the Manufacturer to do so, shall not within a period of
..........days from date of receiving said notice, place and keep upon sale at the point designated in said notice a sufficient stock of such preparation or mixture to supply the demand therefor, then the rights herein granted within all the territory within a radius of..........miles of said point shall be forfeited; and provided, further, that a failure on the part of the Distributors to keep and perform the conditions and provisions herein contained shall work a forfeiture of their rights hereunder.
5. The Distributors agree to buy all of the...........syrup necessary to a compliance with this agreement at a price and upon terms set forth below, directly from the Manufacturer.
6. The Distributors agree not to use any substitute or substitutes for or other syrup or substance, nor to attempt to use or imitate with any article made or prepared by them, ...............syrup.
7. The Distributors agree not to sell or in any way dispose of without the written consent of the Manufacturer in every instance any.........., except after it is carbonated and bottled.
8. In consideration of these agreements on the part of the Distributors, the Manufacturer agrees to sell to the Distributors all the..........syrup required by the Distributors, at..........($......) dollar per gallon.
13. The Manufacturer further agrees and hereby grants to said Distributors, the sole and exclusive right to use the name
..........and all the trade-marks and designs for labels now owned and controlled by said party of the second part, upon any bottles or other receptacles containing the "mixture heretofore described, and the right to vend such preparation or mixture bottled or put up as aforesaid, in all the territory contained in the boundaries of the United States of America, except
..........and the States of........... This right to use the name.........., and the trade-mark and label furnished is to be applied only to the carbonated mixture described, and is not intended to interfere in any way with the business and use of the same as now operated by the Manufacturer, nor to apply to the soda fountain business as now operated by various parties. The rights of the Distributor under this contract may be by them transferred to a company, the formation of which is now contemplated by them to be known as the..........Bottling Company, but no transfer of their rights under this contract to any other party or parties, shall be made without the consent of the Manufacturer.