Flavor Corporation of America, and Cross-Appellant v. Kemin Industries, Inc., and Rolland W. Nelson, and Cross-Appellees

WEBSTER, Circuit Judge.

This is an appeal and cross-appeal from the order of the District Court granting limited injunctive relief in favor of appellee Flavor Corporation of America (FCA), holder of the registered trademark “PESTLUR”, and against appellant Kemin Industries, Inc. (Kemin), holder of the common law trademark “LURE”. 1

The trial court found that Kemin had adopted its “LURE” mark in good faith without prior knowledge of FCA’s “PESTLUR” and had acquired superior common law trademark rights in ten states prior to the registration of “PESTLUR”. “PESTLUR” was held to be a descriptive…