Legal Opinion
Pepsico, Inc. v. The Grapette Company, Inc., and Grapette-Aristocrat, Inc.
Court of Appeals for the Eighth Circuit
Decided September 30, 1969No. 19464PublishedCited by 39 opinions
1Opinion of the Court
LAY, Circuit Judge.
PepsiCo, Inc., a holding company of several subsidiaries including Pepsi Cola Co., a national soft drink bottler, sought an injunction against Grapette-Aristocrat, Inc. and its holding company Grapette Co. (hereinafter referred collectively as Grapette) on the alleged infringement of its trademark “Pepsi.” In 1965 Grapette purchased the mark “Peppy” and intended to bottle a soft “pepper” drink with that name. The district court found that the mark “Peppy” was confusingly similar to “Pepsi” and as such would constitute infringement under 15 U.S.C. § 1114 (1964). However,…
2Cases cited14 opinions
- Kidd v. JohnsonSupreme Court of the United States · 1880
- Sweetarts, a Corporation v. Sunline, Inc., and Menlo F. SmithCourt of Appeals for the Eighth Circuit · 1967
- Macmahan Pharmacal Co. v. Denver Chemical Mfg. Co.Court of Appeals for the Eighth Circuit · 1901
- Hy-Cross Hatchery, Inc. v. Percy J. Osborne (Joseph H. Welp, Assignee, Substituted)Court of Customs and Patent Appeals · 1962
- Independent Baking Powder Co. v. BoormanDistrict Court, D. New Jersey · 1910
9 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Tandy Corporation v. Malone & Hyde, Inc.Court of Appeals for the Sixth Circuit · 1985
- Sugar Busters LLC v. Ellen C. Brennan Theodore M. Brennan Shamrock Publishing Inc.Court of Appeals for the Fifth Circuit · 1999
- Larry Marshak v. "Doc" Green, John Doe "1", John Doe "2", Bernard Jones, David Rick, and Sandy Wolfe, David RickCourt of Appeals for the Second Circuit · 1984
- Syntex Laboratories, Inc. v. Norwich Pharmacal Co.District Court, S.D. New York · 1970
- Green River Bottling Co. v. Green River Corp.Court of Appeals for the Seventh Circuit · 1993
34 more not listed; retrieve them via the Exa API.