 For this, Tristram's were taken to court by then Owen Gardner & Sons' owner Robert Sweeney, asserting their exclusive right to the Kirk's name.Winning the case, the popularity of kirk's (now lowercase) later led the company to use the name for their soft drink products as a whole.In 1959, to compete with competition from imported products such as Coca-Cola, the long time competitors, Helidon Spa Water Company, and Owen Gardner & Sons merged to form Helidon Gardner Pty Ltd, trading together under the popular name "kirk's".