Legal Opinion
Flavor Corporation of America v. Kemin Industries, Inc., and Rolland W. Nelson
Court of Appeals for the Eighth Circuit
Decided October 11, 1974No. 74-1471PublishedCited by 16 opinions
1Opinion of the Court
WEBSTER, Circuit Judge.
In this appeal, Flavor Corporation of America (FCA) challenges an order of the District Court which FCA contends contravenes a prior judgment and injunction of the same court which, upon appeal, this court approved and affirmed. 1
Briefly summarized, the holding of the District Court in the original action was as follows: (1) the registered trademark “PESTLUR” held by FCA was a descriptive mark and, since not incontestable, was entitled to protection only where it had acquired a secondary meaning; (2) as of the date of the injunction, such secondary meaning had been…
2Cases cited6 opinions
- United States v. Swift & Co.Supreme Court of the United States · 1932
- System Federation No. 91 v. WrightSupreme Court of the United States · 1961
- Regal Knitwear Co. v. National Labor Relations BoardSupreme Court of the United States · 1945
- Rhodes v. HoustonDistrict Court, D. Nebraska · 1966
- Flavor Corporation of America, and Cross-Appellant v. Kemin Industries, Inc., and Rolland W. Nelson, and Cross-AppelleesCourt of Appeals for the Eighth Circuit · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Castrol Inc. v. Pennzoil Company and Pennzoil Products CompanyCourt of Appeals for the Third Circuit · 1993
- Castrol, Inc. v. Quaker State Corporation, Quaker State Oil Refining Corporation, and Grey Advertising, Inc.Court of Appeals for the Second Circuit · 1992
- Thrifty Rent-A-Car System, Inc. v. Thrift Cars, Inc.District Court, D. Massachusetts · 1986
- United States v. Edward Grady PartinCourt of Appeals for the Fifth Circuit · 1975
- Inmates of Boys' Training School v. SouthworthDistrict Court, D. Rhode Island · 1977
11 more not listed; retrieve them via the Exa API.