Legal Opinion

Hesmer Foods, Inc. v. Campbell Soup Company

Court of Appeals for the Seventh Circuit

Decided May 27, 1965No. 14981_1PublishedCited by 38 opinions

1Opinion of the Court

DUFFY, Circuit Judge.

Plaintiff seeks an injunction and damages as a result of defendant's alleged trademark infringement, 1 unfair competition under the statutes of the United States, 2 and common law unfair competition, by defendant’s labeling one of its products in a way alleged to be both false and misleading and confusingly similar to the way in which plaintiff labeled its trademarked product “Beanee Barbecue.”

Upon motion, the trial court severed the issues of liability and damages. At the conclusion of plaintiff’s case on the issue of liability, the Court sustained defendant's motion for…

2Cases cited6 opinions

  1. American Steel Foundries v. RobertsonSupreme Court of the United States · 1926
  2. Independent Nail & Packing Co., Inc. v. Stronghold Screw Products, IncCourt of Appeals for the Seventh Circuit · 1953
  3. Joshua Meier Company, Inc. v. Albany Novelty Manufacturing Co.Court of Appeals for the Second Circuit · 1956
  4. Keller Products, Inc. v. Rubber Linings Corp.Court of Appeals for the Seventh Circuit · 1954
  5. Colburn v. Puritan Mills, Inc.Court of Appeals for the Seventh Circuit · 1939

1 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
  2. Boston Professional Hockey Association, Inc. v. Dallas Cap & Emblem Mfg., Inc.Court of Appeals for the Fifth Circuit · 1975
  3. Sun Banks of Florida, Inc., a Florida Corporation Etc. v. Sun Federal Savings and Loan Association, a Federal Savings and Loan AssociationCourt of Appeals for the Fifth Circuit · 1981
  4. Camel Hair and Cashmere Institute of America, Inc. v. Associated Dry Goods Corporation, D/B/A Lord & TaylorCourt of Appeals for the First Circuit · 1986
  5. New West Corp. v. NYM Co. of California, Inc.Court of Appeals for the Ninth Circuit · 1979

33 more not listed; retrieve them via the Exa API.

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