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GENERAL MILLS, INC. v. KELLOGG CO.

No. 87-5190.

824 F.2d 622 (1987)

GENERAL MILLS, INC., Appellee, v. KELLOGG COMPANY, Appellant, KELLOGG COMPANY, Appellant, v. GENERAL MILLS, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 20, 1987.

Attorney(s) appearing for the Case

Frederick P. Furth, San Francisco, Cal., for appellant.

Dean A. Olds, Chicago, Ill., for appellee.

Before LAY, Chief Judge, WOLLMAN and MAGILL, Circuit Judges.

LAY, Chief Judge.

Kellogg Company (Kellogg) appeals from the district court's1 denial of its motion to preliminarily enjoin General Mills, Inc. (General Mills) from using the name OATMEAL RAISIN CRISP on a new breakfast cereal. Kellogg claims that General Mills' use of OATMEAL RAISIN CRISP infringes on Kellogg's rights in the registered trademark APPLE RAISIN CRISP in violation of sections 32(1) and 43(a) of the Lanham Act, 15 U.S.C. ...

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