Legal Opinion
Beer Nuts, Inc. v. Clover Club Foods Co.
District Court, D. Utah
Decided April 20, 1981No. Civ. NC 79-0082PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
JENKINS, District Judge.
This is an action for trademark infringement and unfair competition with a counterclaim asking that the plaintiff’s registered mark be declared void and struck from the Trademark Registration Rolls.
Jurisdiction is footed on 15 U.S.C. § 1121, 28 U.S.C. § 1338(a), 28 U.S.C. § 1338(b) and 28 U.S.C. § 1332 and is found present. Venue is proper.
Plaintiff Beer Nuts, Inc., asserts that defendant’s use of the term “Brew Nuts” and a drawing of an overflowing stein on packaging used in the sale of a sweet and salted peanut, is a colorable imitation of…
2Cases cited15 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- American Steel Foundries v. RobertsonSupreme Court of the United States · 1926
- Soweco, Inc. v. Shell Oil Company, Etc. And Shell Chemical Company, Etc.Court of Appeals for the Fifth Circuit · 1980
- Miller Brewing Company v. G. Heileman Brewing Company, Inc.Court of Appeals for the Seventh Circuit · 1977
- The Standard Oil Company, a Corporation and Sohio Petroleum Company, a Corporation v. Standard Oil Company, a CorporationCourt of Appeals for the Tenth Circuit · 1958
10 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Beer Nuts, Inc., Cross-Appellee v. Clover Club Foods Company, Cross-AppellantCourt of Appeals for the Tenth Circuit · 1983
- Beer Nuts, Inc. v. Clover Club Foods CompanyCourt of Appeals for the Tenth Circuit · 1986
- Beer Nuts, Inc. v. Clover Club Foods Co.District Court, D. Utah · 1985