Legal Opinion
August Storck K.G. And Storck Usa, L.P. v. Nabisco, Inc.
Court of Appeals for the Seventh Circuit
Decided June 9, 1995No. 95-1721PublishedCited by 61 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
“It happened a long time ago in the little village of Werther. There, the candymaker, Gustav Nebel, created his very finest candy, taking real butter, fresh cream, white and brown sugars, a pinch of salt, and lots of time. And because these butter candies tasted especially delicious, he called the candy Werther’s Original’, in honor of his little village of Werther.” So reads the pitch on a bag of Werther’s® Original candies. Nabisco surely developed its competing candy a different way — in a chemist’s lab, followed by testing in focus groups. Nabisco concluded that…
2Cases cited19 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Roland MacHinery Company v. Dresser Industries, Inc.Court of Appeals for the Seventh Circuit · 1984
- Qualitex Co. v. Jacobson Products Co.Supreme Court of the United States · 1995
- Abbott Laboratories v. Mead Johnson & CompanyCourt of Appeals for the Seventh Circuit · 1992
- Prestonettes, Inc. v. CotySupreme Court of the United States · 1924
14 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- Platinum Home Mortgage Corporation v. Platinum Financial Group, IncorporatedCourt of Appeals for the Seventh Circuit · 1998
- Margaret Walker v. National Recovery, Inc.Court of Appeals for the Seventh Circuit · 1999
- Dorr-Oliver, Incorporated v. Fluid-Quip, Incorporated and Andrew FrankoCourt of Appeals for the Seventh Circuit · 1996
- A & H Sportswear Inc. Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, Inc.Court of Appeals for the Third Circuit · 1999
56 more not listed; retrieve them via the Exa API.