Legal Opinion
A.J. Canfield Co., a Corporation v. Vess Beverages, Inc., a Corporation
Court of Appeals for the Seventh Circuit
Decided July 15, 1986No. 85-2215PublishedCited by 92 opinions
1Opinion of the Court
CUMMINGS, Chief Judge.
This case involves a dispute over the plaintiff’s ability to trademark the term CHOCOLATE FUDGE on a soft drink can. Defendant appeals the granting of a preliminary injunction that enjoins it from using CHOCOLATE FUDGE on its can of diet soda. For the reasons set out below, we affirm.
The plaintiff, A.J. Canfield Co., is an Illinois corporation that has bottled and sold a variety of soft drinks in the midwest since 1924. In 1972 Canfield developed a diet chocolate soda and labeled it under the alleged trademark CHOCOLATE FUDGE. Although other soft drink companies had diet…
2Cases cited24 opinions
- Roland MacHinery Company v. Dresser Industries, Inc.Court of Appeals for the Seventh Circuit · 1984
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Saratoga Vichy Spring Co., Inc. v. Orin Lehman, Commissioner of Parks and Recreation of the the State of New York and Waters of Saratoga Springs, Inc.Court of Appeals for the Second Circuit · 1980
- Scott Paper Company, a Corporation v. Scott's Liquid Gold, Inc., a CorporationCourt of Appeals for the Third Circuit · 1978
19 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Abbott Laboratories v. Mead Johnson & CompanyCourt of Appeals for the Seventh Circuit · 1992
- A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, IncCourt of Appeals for the Third Circuit · 2000
- Herman Miller, Inc., Plaintiff-Appellant/cross-Appellee v. Palazzetti Imports and Exports, Inc., Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 2001
- A.J. Canfield Company, a Corporation v. Honickman, Harold, an Individual and Concord Beverage Company, a CorporationCourt of Appeals for the Third Circuit · 1986
- Liquid Controls Corporation v. Liquid Control CorporationCourt of Appeals for the Seventh Circuit · 1986
87 more not listed; retrieve them via the Exa API.