Legal Opinion

Quaker Oats Co. v. General Mills, Inc.

Court of Appeals for the Seventh Circuit

Decided February 9, 1943No. 8071PublishedCited by 30 opinions

1Opinion of the Court

MINTON, Circuit Judge.

The plaintiff-appellee, the Quaker Oats Company, filed an application in the Patent Office to register as a trade-mark the word “Oaties” to designate a ready-to-eat breakfast food made of oats. The Patent Office refused to register this word as a trade-mark. The plaintiff appealed to the United States Court of Customs and Patent Appeals. The defendant-appellant, General Mills, Inc., elected to have the . proceedings under Section 4915, Revised Statutes, 35 U.S.C.A. § 63, which had the effect of forcing the plaintiff into the District Court. The plaintiff accordingly…

2Cases cited4 opinions

  1. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  2. J. C. Penney Co. v. H. D. Lee Mercantile Co.Court of Appeals for the Eighth Circuit · 1941
  3. John Morrell & Co. v. DoyleCourt of Appeals for the Seventh Circuit · 1938
  4. Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1941

3Cited by30 opinions

  1. Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
  2. Versa Products Company, Inc. v. Bifold Company (Manufacturing) Ltd.Court of Appeals for the Third Circuit · 1995
  3. Life Savers Corporation v. Curtiss Candy CoCourt of Appeals for the Seventh Circuit · 1950
  4. California Fruit Growers Exchange v. Sunkist Baking Co.Court of Appeals for the Seventh Circuit · 1947
  5. Indianapolis Colts, Inc. v. Metropolitan Baltimore Football Club Ltd. PartnershipCourt of Appeals for the Seventh Circuit · 1994

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