Legal Opinion
Sweetarts, a Corporation v. Sunline, Inc., and Menlo F. Smith
Court of Appeals for the Eighth Circuit
Decided August 24, 1967No. 18587PublishedCited by 100 opinions
1Opinion of the Court
FLOYD R. GIBSON, Circuit Judge.
This is a suit between two candy manufacturers, each using the trademark “SweeTarts”. The trial court held that plaintiff’s registered trademark was invalid for nonuse and that plaintiff-appellant was not entitled to injunctive relief for violation of its common law technical trademark or for unfair competition. Plaintiff appeals.
The facts of this case are as follows: Plaintiff’s predecessor Sweetarts Company of Dundee, Oregon commenced business in 1926. It manufactured and sold glaze,d and candied fruits under the trademark “SweeTarts”. This mark was registered…
2Cases cited18 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- United States v. SteffensSupreme Court of the United States · 1879
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- Canal Co. v. ClarkSupreme Court of the United States · 1872
13 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc., and Montgomery Ward & Co., IncorporatedCourt of Appeals for the Seventh Circuit · 1976
- Truck Equipment Service Company, Appellant-Cross-Appellee v. Fruehauf Corporation, Appellee-Cross-AppellantCourt of Appeals for the Eighth Circuit · 1976
- G. Heileman Brewing Company, Inc., and Miller Brewing Company, Cross-Appellants v. Anheuser-Busch, Inc., Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1989
- Coca-Cola Co. v. PurdyCourt of Appeals for the Eighth Circuit · 2004
- Citibank, N.A. v. Citibanc Group, Inc.Court of Appeals for the Eleventh Circuit · 1984
95 more not listed; retrieve them via the Exa API.