Legal Opinion

Shredded Wheat Co. v. Kellogg Co.

District Court, D. Connecticut

Decided April 21, 1928No. 1922PublishedCited by 6 opinions

1Opinion of the Court

THOMAS, District Judge.

Plaintiff’s action in this case is based on unfair competition. The defendants who are residents of this district, move (1) to strike out certain allegations of the bill; (2) to dismiss the hill; and (3) for a stay of proceedings herein. The remaining defendants, Kellogg Company, Kellogg Sales Company, and Will K. Kellogg, whose principal place of business is in Michigan, have been served under orders of this court but have not appeared.

I. The Connecticut defendants ask the court to strike out:(a) From paragraph 6 of the bill all reference to the name “Shredded Whole…

2Cases cited5 opinions

  1. Shredded Wheat Co. v. Humphrey Cornell Co.Court of Appeals for the Second Circuit · 1918
  2. Estes v. WorthingtonU.S. Circuit Court for the District of Southern New York · 1887
  3. Bradley v. NortonSupreme Court of Connecticut · 1865
  4. Andrew Jergens Co. v. Bonded Products CorporationDistrict Court, E.D. New York · 1926
  5. Wells v. Oregon Ry. & N. Co.District Court, D. Oregon · 1883

3Cited by6 opinions

  1. Biro v. HillSupreme Court of Connecticut · 1990
  2. Haviland & Co. v. Johann Haviland China CorporationDistrict Court, S.D. New York · 1967
  3. Grocers Baking Co. v. SiglerCourt of Appeals for the Sixth Circuit · 1942
  4. Al-Fab Aluminum Fabricators, Inc. v. WagnerDistrict Court, N.D. Illinois · 1963
  5. Publicker v. ShallcrossCourt of Appeals for the Third Circuit · 1938

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