Hiland Potato Chip Co. v. Culbro Corp.

LAY, Chief Judge.

Hiland Potato Chip Co. appeals from the denial of its request for a preliminary injunction and the grant of defendant Culbro Co.’s motion for a preliminary injunction. Plaintiff alleged that defendant’s use of the trademark “Kitty Clover” in the Kansas City trade area constituted statutory trademark infringement, common law trademark infringement, and unfair competition. The trial court denied plaintiff’s motion and granted Culbro Co. a preliminary injunction, requesting that it provide $100,000 as security. The court based its decision on a finding that plaintiff was not…