Sweetarts v. Sunline, Inc., and Menlo F. Smith

LAY, Circuit Judge.

This appeal arises out of abortive conferences which the parties entered into in order to negotiate a settlement of their respective positions arising out of our decision of trademark infringement in Sweetarts v. Sunline, Inc., 380 F.2d 923 (8 Cir. 1967). We there held that Sun-line, Incorporated’s mark of “SweeTarts” infringed upon Sweetarts’ mark “SweeTarts.” Pursuant to our decision, the district court on September 8, 1967, granted injunctive relief to Sweetarts. The settlement negotiations which followed led to a written memorandum dated October 11, 1967. This contract…