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HILAND POTATO CHIP CO. v. CULBRO SNACK FOODS

No. 83-1156.

720 F.2d 981 (1983)

HILAND POTATO CHIP COMPANY, Appellant, v. CULBRO SNACK FOODS, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 10, 1983.

Rehearing Denied January 12, 1984.

Attorney(s) appearing for the Case

Edmund J. Sease, Bruce W. McKee, and Zarley, McKee, Thomte, Voorhees & Sease, Des Moines, Iowa, for appellant Hiland Potato Chip Co.

Siegrun D. Kane, David H.T. Kane, and Kane, Dalsimer, Kane, Sullivan & Kurucz, New York City, for appellee, Culbro Snack Foods, Inc.

Before LAY, Chief Judge, SWYGERT, Senior Circuit Judge, and ARNOLD, Circuit Judge.

PER CURIAM.

This is an action for trademark infringement and unfair competition. Each party seeks to enjoin the other's use of the trademark "Kitty Clover" on potato chips in the Kansas City trade area. The Kansas City trade area comprises the Kansas City area in the state of Kansas, most of the state of Missouri, and Arkansas. It is undisputed that Culbro Snack Foods, Inc. (Culbro) has undisputed rights to "Kitty Clover...

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