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KELLOGG CO. v. NAT. BISCUIT CO.

Nos. 2 and 56.

305 U.S. 111 (1938)

KELLOGG COMPANY v. NATIONAL BISCUIT COMPANY.

Supreme Court of United States.

Decided November 14, 1938.

Attorney(s) appearing for the Case

Mr. Thomas D. Thacher, with whom Messrs. W.H. Crichton Clarke, Edward S. Rogers, Robert T. McCracken, Richard H. Demuth, and E. Ennalls Berl were on the brief, for petitioner.

Mr. David A. Reed, with whom Messrs. Charles A. Vilas, Thomas G. Haight, and Drury W. Cooper were on the brief, for respondent.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

This suit was brought in the federal court for Delaware1 by National Biscuit Company against Kellogg Company to enjoin alleged unfair competition by the manufacture and sale of the breakfast food commonly known as shredded wheat. The competition was alleged to be unfair mainly because Kellogg Company uses, like the plaintiff, the name shredded wheat and, like the plaintiff, produces...

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