Legal Opinion

Sensient Technologies Corp. v. SensoryEffects Flavor Co.

Court of Appeals for the Eighth Circuit

Decided July 21, 2010No. 09-2686PublishedCited by 68 opinions

1Opinion of the Court

BYE, Circuit Judge.

Sensient Flavors appeals the district court’s1 grant of summary judgment in favor of SensoryEffects Flavor Company, formerly known as SensoryFlavors. On appeal, Sensient Flavors contends the district court erred in concluding the SensoryFlavors mark was not “used in commerce” as defined by the Lanham Act, 15 U.S.C. § 1127. Sensient Flavors also asserts the district court erroneously held the SensoryEffects Flavor Company name was not likely to cause confusion to customers. Finally, Sensient Flavors argues the district court erred by holding its mark was “relatively weak”…

2Cases cited18 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Squirtco, Cross-Appellee v. The Seven-Up Company, a Missouri Corporation and Seven-Up U.S.A., Inc., a Missouri Corporation, Cross-AppellantsCourt of Appeals for the Eighth Circuit · 1980
  3. Astra Pharmaceutical Products, Inc. v. Beckman Instruments, Inc.Court of Appeals for the First Circuit · 1983
  4. General Mills, Inc. v. Kellogg Company, Kellogg Company v. General Mills, Inc.Court of Appeals for the Eighth Circuit · 1987
  5. Checkpoint Systems, Inc. v. Check Point Software Technologies, Inc.Court of Appeals for the Third Circuit · 2001

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3Cited by68 opinions

  1. Water Pik, Inc. v. Med-Systems, Inc.Court of Appeals for the Tenth Circuit · 2013
  2. Springboards to Educ., Inc. v. Hous. Indep. Sch. Dist.Court of Appeals for the Fifth Circuit · 2019
  3. Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc.Court of Appeals for the Eighth Circuit · 2018
  4. Trader Joe's Co. v. Michael HallattCourt of Appeals for the Ninth Circuit · 2016
  5. Lovely Skin, Inc. v. Ishtar Skin Care Products, LLCCourt of Appeals for the Eighth Circuit · 2014

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