Legal Opinion
National Biscuit Co. v. Kellogg Co.
Court of Appeals for the Third Circuit
Decided May 5, 1938No. 5801PublishedCited by 4 opinions
1Opinion of the Court
DAVIS, Circuit Judge.
On April 12, 1937, during the March term of this court, a decree was entered, pursuant to an opinion filed the same day, reversing with costs a decree of the United States District Court for the District of Delaware, which dismissed the appellant’s bill of complaint, and containing a direction to the District" Court to enter a decree “enjoining the defendant [appellee] from the use of the name ‘Shredded Wheat’ as its trade-name and from advertising or offering for sale its product in the form and shape of'plaintiff’s biscuit in violation of its trade-mark; and with…
2Cases cited4 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Marion County Court v. RidgeCourt of Appeals for the Fourth Circuit · 1926
- Foster Bros. Mfg. Co. v. National Labor Relations BoardCourt of Appeals for the Fourth Circuit · 1937
- Arcoil Mfg. Co. v. American Equitable Assur. Co.Court of Appeals for the Third Circuit · 1936
3Cited by4 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Ives Laboratories, Inc. v. Darby Drug Co.Court of Appeals for the Second Circuit · 1979
- Telechron, Inc. v. Telicon Corp.District Court, D. Delaware · 1951
- Ives Laboratories, Inc. v. Darby Drug Co.Court of Appeals for the Second Circuit · 1979