Sands, Taylor & Wood Co. v. Quaker Oats Co.

CUDAHY, Circuit Judge.

Sands, Taylor & Wood Company (STW) brought this action against The Quaker Oats Company (Quaker) for federal trademark infringement and related state-law claims, alleging that Quaker’s use of the words “Thirst Aid” in its advertising slogan “Gatorade is Thirst Aid” infringed STW’s registered trademark for THIRST-AID. The district court agreed, and entered judgment for STW.in the amount of $42,629,399.09, including prejudgment interest and attorney’s fees. The court also permanently enjoined Quaker from using the words “Thirst Aid.” Not surprisingly, Quaker appeals.

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Plainti…