Postum Cereal Co. v. American Health Food Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. The appellant, complainant below, filed its bill alleging the pirating by the defendant below, appellee here, of its trade-mark, and also of unfair competition in trade, with respect to the placing upon the market and sale of a certain cereal preparation designated “Grape-Nuts.”
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Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. The appellant, complainant below, filed its bill alleging the pirating by the defendant below, appellee here, of its trade-mark, and also of unfair competition in trade, with respect to the placing upon the market and sale of a certain cereal preparation designated “Grape-Nuts.” The bill charges substantially that the complainant was possessed of a certain secret formula for a food product composed of wheat and barley, of distinctive appearance in texture and color, of a peculiar brownish color, of…
1Opinion of the Court
JENKINS, Circuit Judge.
We have so often spoken to the subject of unfair trade, and the law upon that subject is so well established by the repeated decisions of the ultimate tribunal and of the various circuit courts of appeals, that reference to the decisions would be superfluous. The principle is settled that:
“One may not legally use means, whether marks or other indicia, or even his own name, with the purpose and to the end of selling his goods as the goods of another. If such means tend to attract to himself the trade that *851would have flowed to the person previously accustomed to use…
2Cases cited3 opinions
- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- P. Lorillard Co. v. PeperCourt of Appeals for the Eighth Circuit · 1898
- Centaur Co. v. MarshallCourt of Appeals for the Eighth Circuit · 1899
3Cited by11 opinions
- James Heddon's Sons v. Millsite Steel & Wire Works, Inc.Court of Appeals for the Sixth Circuit · 1942
- American Automobile Ass'n v. American Automobile Owners Ass'nCalifornia Supreme Court · 1932
- G. W. Cole Co. v. American Cement & Oil Co.Court of Appeals for the Seventh Circuit · 1904
- Enoch Morgan's Sons Co. v. WardCourt of Appeals for the Seventh Circuit · 1907
- Skinner Mfg. Co. v. General Foods Sales Co.District Court, D. Nebraska · 1943
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