Legal Opinion

John Morrell & Co. v. Reliable Packing Co.

Court of Appeals for the Seventh Circuit

Decided October 18, 1961No. 13279_1PublishedCited by 37 opinions

1Opinion of the Court

DUFFY, Circuit Judge.

The complaint in this action is in three counts, 1) for statutory trademark infringement, 15 U.S.C.A. § 1114(1); 2) for unfair competition, and 3) for dilution under Chapter 140, Section 22, Illinois Revised Statutes.

In 1937, plaintiff commenced the use of E-Z Cut as a trademark for a certain type of ham. It registered this mark in 1938 (Reg. No. 356791). The registration was obtained after plaintiff disclaimed the term “Cut” apart from the mark shown in the drawing.

There was no hearing or oral argument, the case being submitted to District Judge Sullivan on stipulated…

2Cases cited6 opinions

  1. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  2. Campbell Soup Co. v. Armour & Co.Court of Appeals for the Third Circuit · 1949
  3. Life Savers Corporation v. Curtiss Candy CoCourt of Appeals for the Seventh Circuit · 1950
  4. Radio Shack Corporation v. Radio Shack, IncCourt of Appeals for the Seventh Circuit · 1950
  5. Quaker Oats Co. v. General Mills, Inc.Court of Appeals for the Seventh Circuit · 1943

1 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
  2. Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
  3. Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
  4. AHP Subsidiary Holding Co. v. Stuart Hale Co.Court of Appeals for the Seventh Circuit · 1993
  5. Henri's Food Products Company, Inc., Counterdefendant-Appellee v. Kraft, Inc., Counterplaintiff-AppellantCourt of Appeals for the Seventh Circuit · 1983

32 more not listed; retrieve them via the Exa API.

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