Sweetarts, an Oregon Corporation v. Sunline, Inc., a Missouri Corporation, and Menlo F. Smith, (Two Cases)

BRIGHT, Circuit Judge.

These two appeals arise out of trademark infringement litigation which be gan in 1964. The appeal in No. 19760 presents the question of whether plaintiff Sweetarts, an Oregon candy manufacturer, has established sufficient market penetration in eight states through the distribution of candy products bearing its common-law technical trademark “SweeTarts” to entitle it to injunctive protection prohibiting the defendant, Sunline, Inc. (Sunline), 1 from using the same “SweeTarts” mark on the latter’s candy products in those eight states. This court previously held that the…