Legal Opinion
National Biscuit Co. v. Kellogg Co.
Court of Appeals for the Third Circuit
Decided April 12, 1937No. 5801PublishedCited by 8 opinions
1Opinion of the Court
DAVIS, Circuit Judge.
When this case was here before, we affirmed the decree of the District Court by a per curiam adopting the opinion of that court. It is before us now on reargument. The District Court and this court felt that the case was controlled by Singer Mfg. Co. v. June Mfg. Co., 163 U.S. 169, 16 S.Ct. 1002, 1014, 41 L.Ed. 118 on the ground that the name “Shredded Wheat” was a descriptive term, describing the product of the plaintiff and that, in any event, upon the expiration of the Perky patent No. 548,086, issued October 5, 1895, the name passed into the public domain, remained…
2Cases cited11 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Scandinavia Belting Co. v. Asbestos & Rubber Works of America, Inc.Court of Appeals for the Second Circuit · 1919
- Shredded Wheat Co. v. Humphrey Cornell Co.Court of Appeals for the Second Circuit · 1918
- Trinidad Asphalt Mfg. Co. v. Standard Paint Co.Court of Appeals for the Eighth Circuit · 1908
- Van Camp Sea Food Co. v. Alexander B. Stewart OrganizationsCourt of Customs and Patent Appeals · 1931
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- West Point Manufacturing Company v. Detroit Stamping CompanyCourt of Appeals for the Sixth Circuit · 1955
- Telechron, Inc. v. Telicon Corp.District Court, D. Delaware · 1951
- Western Auto Supply Co. v. KnoxCourt of Appeals for the Tenth Circuit · 1937
- Mills v. United Ass'n of Journeymen & Apprentices of Plumbing & Pipe Fitting IndustryDistrict Court, W.D. Missouri · 1949
3 more not listed; retrieve them via the Exa API.