Legal Opinion
Worthington Foods, Inc. v. Kellogg Co.
District Court, S.D. Ohio
Decided March 1, 1990No. C-2-89-0842PublishedCited by 83 opinions
1Opinion of the Court
OPINION AND ORDER
KINNEARY, District Judge.
This matter comes before the Court to consider the motion of the plaintiff, Wor-thington Foods, Inc. (“Worthington”) for a preliminary injunction, to enjoin the defendant, Kellogg Company (“Kellogg”), from selling its “Heartwise” cereal. Fed.R. Civ.P. 65. The plaintiff alleges that Kellogg’s use of the name “Heartwise” is a violation of the trademark, service mark, and certification mark that Worthington Foods purportedly has in the “HEART-WISE” name and logo borne on its products.
In the Complaint, Worthington asserts a claim for relief under the Ohio…
2Cases cited38 opinions
- United States v. Grinnell Corp.Supreme Court of the United States · 1966
- Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
- United States v. E. I. Du Pont De Nemours & Co.Supreme Court of the United States · 1956
- Frisch's Restaurant, Inc. v. Shoney's Inc.Court of Appeals for the Sixth Circuit · 1985
- In Re Delorean Motor CompanyCourt of Appeals for the Sixth Circuit · 1985
33 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- American Telephone And Telegraph Company v. Winback And Conserve Program, Inc.Court of Appeals for the Third Circuit · 1994
- A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, IncCourt of Appeals for the Third Circuit · 2000
- Daddy's Junky Music Stores, Inc. v. Big Daddy's Family Music CenterCourt of Appeals for the Sixth Circuit · 1997
- Checkpoint Systems, Inc. v. Check Point Software Technologies, Inc.Court of Appeals for the Third Circuit · 2001
- New York City Triathlon, LLC v. Nyc Triathlon Club, Inc.District Court, S.D. New York · 2010
78 more not listed; retrieve them via the Exa API.