Legal Opinion
Seven-Up Bottling Company, Etc. v. The Seven-Up Company, Etc., and Seven-Up Services Incorporated, Etc.
Court of Appeals for the Eighth Circuit
Decided September 20, 1977No. 76-1909PublishedCited by 32 opinions
1Opinion of the Court
BRIGHT, Circuit Judge.
Seven-Up Bottling Co. (Bottling), a local bottler and distributor of soft drinks in St. Louis, Missouri, brought this action against Seven-Up Company (Company) and Seven-Up Services, Inc. (Services), a wholly-owned subsidiary of the Company, alleging various claims under the Trademark Act of 1946 (Lanham Act), 15 U.S.C. §§ 1051-1127, and a pendent state law claim for unfair competition. Subject matter jurisdiction was based upon 28 U.S.C. § 1338. On defendants’ motion to dismiss, the district court1 determined that Bottling’s trademark claims all amounted to attempts by…
2Cases cited6 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Heaton Distributing Co., Inc. v. Union Tank Car Company, a CorporationCourt of Appeals for the Eighth Circuit · 1967
- Huber Baking Company v. Stroehmann Brothers Company and Quality Bakers of America Cooperative, Inc.Court of Appeals for the Second Circuit · 1958
- Seven-Up Bottling Co. v. Seven-Up Co.District Court, E.D. Missouri · 1976
- American Foresight of Philadelphia, Inc. v. Fine Arts Sterling Silver, Inc.District Court, E.D. Pennsylvania · 1967
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Missouri Housing Development Commission v. Edward W. Brice, Jr., Paul Goodrich, Joseph TimiltyCourt of Appeals for the Eighth Circuit · 1990
- Elizabeth L. Ferguson v. Neighborhood Housing Services of Cleveland, Inc.Court of Appeals for the Sixth Circuit · 1986
- Wcvb-Tv v. Boston Athletic AssociationCourt of Appeals for the First Circuit · 1991
- Denton v. Mr. Swiss of Missouri, Inc.Court of Appeals for the Eighth Circuit · 1977
- Fair Isaac Corp. v. Experian Information Solutions, Inc.Court of Appeals for the Eighth Circuit · 2011
27 more not listed; retrieve them via the Exa API.