Legal Opinion
Seven Up Co. v. Cheer Up Sales Co.
Court of Appeals for the Eighth Circuit
Decided February 4, 1946No. 12955PublishedCited by 4 opinions
1Opinion of the Court
THOMAS, Circuit Judge.
On October 2, 1942, the petitioner filed its bill of complaint in the Eastern District of Missouri seeking a decree under the Trade-Mark Laws of the United States, 15 U.S.C.A. § 81 et seq., to enjoin infringement of its registered trade-marks “Seven Up” and “7 Up” and unfair competition and for other relief. The accused trademark of the respondents is “Cheer Up.” Both parties use their trade-marks on packages and bottles containing soft drinks. The case was tried in the District Court in January, 1944, and a decree dismissing the bill was entered in July, 1944. Upon…
2Cases cited5 opinions
- Moder v. United StatesSupreme Court of the United States · 1933
- Seven Up Co. v. Cheer Up Sales Co.Court of Appeals for the Eighth Circuit · 1945
- Obear-Nester Glass Co. v. Hartford-Empire Co.Court of Appeals for the Eighth Circuit · 1932
- Hagerott v. AdamsCourt of Appeals for the Eighth Circuit · 1932
- Hagerott v. AdamsCourt of Appeals for the Eighth Circuit · 1934
3Cited by4 opinions
- The Seven-Up Company v. O-So Grape Co.District Court, S.D. Illinois · 1959
- Mastercrafters Clock & Radio Co. v. Vacheron & Constantin-Le Coultre Watches, Inc.District Court, S.D. New York · 1954
- Faust v. FaustSupreme Court of Alabama · 1951
- Ryan v. RyanSupreme Court of Alabama · 1959