Legal Opinion
Seven Up Co. v. Cheer Up Sales Co.
Court of Appeals for the Eighth Circuit
Decided April 26, 1945No. 12955PublishedCited by 30 opinions
1Opinion of the Court
THOMAS, Circuit Judge.
This is an appeal by the plaintiff from a decree dismissing its bill in equity in a suit under the Trade-Mark Laws of the United States, 15 U.S.C.A. § 81 et seq., (1) to enjoin infringement of its registered trade-marks and unfair competition, (2) for damages, and (3) for cancellation of defendant Orange Smile Sirup Company’s registered trade-mark No. 340,923.
Plaintiff’s registrations are No. 252,350, issued February 5, 1929, for “Seven Up”, and No. 331,345, issued January 7, 1936, for “7 Up”. Both are for use on the goods or on the packages or bottles containing…
2Cases cited11 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Cleo Syrup Corporation v. Coca-Cola Co.Court of Appeals for the Eighth Circuit · 1943
- Esso, Inc. v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1938
- Queen Mfg. Co. v. Isaac Ginsberg & Bros.Court of Appeals for the Eighth Circuit · 1928
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Avrick v. Rockmont Envelope Co.Court of Appeals for the Tenth Circuit · 1946
- David Sherman Corporation, Doing Business as the Sarnoff Company v. Heublein, Inc., Doing Business as Ste Pierre Smirnoff, FlsCourt of Appeals for the Eighth Circuit · 1965
- Southwestern Bell Telephone Co. v. Nationwide Independent Directory Service, Inc.District Court, W.D. Arkansas · 1974
- Brown & Bigelow v. B. B Pen Co.Court of Appeals for the Eighth Circuit · 1951
- Clarence L. Neely and Neely Manufacturing Co., Inc. v. Boland Manufacturing Co., a CorporationCourt of Appeals for the Eighth Circuit · 1960
25 more not listed; retrieve them via the Exa API.