Legal Opinion

Potato Chip Institute v. General Mills, Inc.

District Court, D. Nebraska

Decided October 13, 1971No. Civ. 1585 LPublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM OF DECISION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW

URBOM, District Judge.

The pivotal issue is whether labeling or advertising a product as “potato chips” tends falsely to describe or represent the product when it has been fashioned from dried potato granules rather than from sliced raw potatoes. Following five days of extensive presentation of evidence, careful briefing by counsel, and oral arguments, this court concludes that such labeling and advertising do not tend falsely to describe or represent the product if the labeling and advertising are accompanied by a prominent…

2Cases cited14 opinions

  1. Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
  2. L'Aiglon Apparel, Inc. v. Lana Lobell, Inc.Court of Appeals for the Third Circuit · 1954
  3. American Washboard Co. v. Saginaw Mfg. Co.Court of Appeals for the Sixth Circuit · 1900
  4. Federal-Mogul-Bower Bearings, Inc. v. AzoffCourt of Appeals for the Sixth Circuit · 1963
  5. Samson Crane Co. v. Union Nat. Sales, Inc.District Court, D. Massachusetts · 1949

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3Cited by21 opinions

  1. Sandoz Pharmaceuticals Corporation v. Richardson-Vicks, Inc.Court of Appeals for the Third Circuit · 1990
  2. Johnson & Johnson v. Carter-Wallace, Inc.Court of Appeals for the Second Circuit · 1980
  3. Truck Equipment Service Company, Appellant-Cross-Appellee v. Fruehauf Corporation, Appellee-Cross-AppellantCourt of Appeals for the Eighth Circuit · 1976
  4. Estate of Presley v. RussenDistrict Court, D. New Jersey · 1981
  5. FRA S. P. A. v. Surg-O-Flex of America, Inc.District Court, S.D. New York · 1976

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