SKINNER MFG. CO. v. KELLOGG SALES CO.

Nos. 12814, 12815.

143 F.2d 895 (1944)

SKINNER MFG. CO. v. KELLOGG SALES CO. SAME v. GENERAL FOODS SALES CO., Inc.

Circuit Court of Appeals, Eighth Circuit.

August 4, 1944.


Attorney(s) appearing for the Case

William Ritchie, of Omaha, Neb. (C. Earl Hovey, of Kansas City, Mo., W. Ross King and Edward F. Fogarty, both of Omaha, Neb., Russell W. Bartels, of Wayne, Neb., and Ritchie & Swenson, of Omaha, Neb., on the briefs), for appellant.

George L. De Lacy, of Omaha, Neb. (Matthias Concannon and Lee J. Gary, both of Chicago, Ill., and Edwin L. Harding, of Battle Creek, Mich., on the briefs), for Kellogg Sales Co., appellee.

Edgar M. Morsman, 3d, of Omaha, Neb. (Morsman & Maxwell, of Omaha, Neb., and Lester E. Waterbury, of New York City, on the brief), for General Foods Sales Co., Inc., appellee.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.


SANBORN, Circuit Judge.

The appellant since 1925 has sold a breakfast food under the name "Raisin-BRAN." In 1942 each of the appellees commenced to market a similar breakfast food under a name which included the words "Raisin Bran." In each of these actions the appellant, claiming the exclusive right to use the name "Raisin-BRAN," charged trade-mark infringement and unfair competition. The appellees each denied the charges made. The cases were tried separately. The...

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