Hodge Chile Co. v. KNA Food Distributors, Inc.

ROSS, Circuit Judge.

This case involves the right to use the name “Hodge” in marketing chile products. Jurisdiction exists by virtue of the Lanham Act. 15 U.S.C. § 1121.

The district court prepared two opinions, one of which is published at 575 F.Supp. 210 (D.Mo.1983). Hodge Chile Company appeals the district court’s decision that KNA Food Distributors (KNA) is not infringing its federally registered “Hodge’s” trademark or acting in unfair competition by marketing chile and tamales in grocery outlets under the name “O.T. Hodge Chile Parlor Chili” (or “Tamales”).

*1087KNA defends on the basis of a…