Bio-Tech Pharmacal Inc. is the latest company to sue Coca-Cola Co. claiming trademark infringement concerning the soft-drink giant’s new Surge soda. It is asking for $30 million in damages and an injunction barring Coke from using the Surge name.
Bio-Tech, of Fayetteville, Ark., said in 1993 it had the idea for a sports drink named Surge.
In its lawsuit, the firm alleges it sought to enter into a bottling pact with Posen-based R.J. Corr Naturals, which filed a trademark infringement suit earlier this year against Coca-Cola.
