Legal Opinion
Kellogg Co. v. National Biscuit Co.
Supreme Court of the United States
Decided December 12, 1938No. 2 and 56PublishedCited by 622 opinions
1Opinion of the Court
Mk. Justice Brandéis
delivered the opinion of the Court.
This suit was brought in the federal court for Delaware 1 by National Biscuit Company against Kellogg Company to enjoin alleged unfair competition by the manufacture and sale of the breakfast food commonly known as shredded wheat. The competition was alleged to be unfair mainly because Kellogg Company uses, like the plaintiff, the name shredded wheat and, like the plaintiff, produces its biscuit in pillow-shaped form.
' Shredded wheat is a product composed of whole wheat which has been boiled, partially dried, then drawn or pressed out…
2Cases cited10 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
- Charles Broadway Rouss, Inc. v. Winchester Co.Court of Appeals for the Second Circuit · 1924
- Saxlehner v. WagnerSupreme Court of the United States · 1910
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3Cited by622 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
- Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
- Perini Corporation v. Perini Construction, Inc.Court of Appeals for the Fourth Circuit · 1990
- Bonito Boats, Inc. v. Thunder Craft Boats, Inc.Supreme Court of the United States · 1989
617 more not listed; retrieve them via the Exa API.