Legal Opinion

Squirtco, Cross-Appellee v. The Seven-Up Company, a Missouri Corporation and Seven-Up U.S.A., Inc., a Missouri Corporation, Cross-Appellants

Court of Appeals for the Eighth Circuit

Decided August 20, 1980No. 79-2003, 79-2054PublishedCited by 243 opinions

1Opinion of the Court

McMILLIAN, Circuit Judge.

This is an appeal in a trademark action brought by the Squirt Company, which has since changed its name to SquirtCo, against The Seven-Up Company and Seven-Up U.S.A., Inc., over introduction of the QUIRST trademark. Seven-Up appeals from the district court’s permanent injunction against its use of QUIRST on a noncarbonated lemonade drink because it infringed on SquirtCo’s use of SQUIRT on a carbonated grapefruit drink. SquirtCo cross-appeals from the dismissal of its pendent claim for tortious interference by Seven-Up with contracts between SquirtCo and its…

2Cases cited20 opinions

  1. International Longshoremen's Ass'n, Local 1291 v. Philadelphia Marine Trade Ass'nSupreme Court of the United States · 1967
  2. James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc., and Montgomery Ward & Co., IncorporatedCourt of Appeals for the Seventh Circuit · 1976
  3. Grotrian, Helfferich, Schulz, Th. Steinweg Nachf. v. Steinway & SonsCourt of Appeals for the Second Circuit · 1975
  4. The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
  5. Finney v. Arkansas Board of CorrectionCourt of Appeals for the Eighth Circuit · 1974

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3Cited by243 opinions

  1. Mobil Oil Corporation v. Pegasus Petroleum CorporationCourt of Appeals for the Second Circuit · 1987
  2. Levi Strauss & Co., a Delaware Corporation v. Blue Bell, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1985
  3. B&B Hardware, Inc. v. Hargis Industries, Inc.Supreme Court of the United States · 2015
  4. Calvin Klein Cosmetics Corporation, Appellee/cross-Appellant v. Lenox Laboratories, Inc., Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 1987
  5. Litton Systems, Inc. v. Whirlpool CorporationCourt of Appeals for the Federal Circuit · 1984

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