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WORTHINGTON FOODS, INC. v. KELLOGG CO.

No. C-2-89-0842.

732 F.Supp. 1417 (1990)

WORTHINGTON FOODS, INC., Plaintiff, v. KELLOGG COMPANY, Defendant.

United States District Court, S.D. Ohio, E.D.

March 1, 1990.

Attorney(s) appearing for the Case

Edwin M. Baranowski and Kathleen McManus, Trafford, Porter, Wright, Morris & Arthur, Columbus, Ohio, for plaintiff.

Mary Jane McFadden and Melodee S. Kornacker, Casey, McFadden & Winner, Dublin, Ohio, and Daniel Mason and Bruce Wecker, Furth, Fahrner, Bluemle & Mason, San Francisco, Cal., for defendant.

OPINION AND ORDER

KINNEARY, District Judge.

This matter comes before the Court to consider the motion of the plaintiff, Worthington Foods, Inc. ("Worthington") for a preliminary injunction, to enjoin the defendant, Kellogg Company ("Kellogg"), from selling its "Heartwise" cereal. Fed.R. Civ.P. 65. The plaintiff alleges that Kellogg's use of the name "Heartwise" is a violation of the trademark, service mark, and certification mark that Worthington Foods purportedly...

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