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BEATRICE FOODS CO. v. NEOSHO VALLEY COOP. CREAMERY ASS'N

No. 6645.

297 F.2d 447 (1961)

BEATRICE FOODS CO., a corporation, Appellant, v. NEOSHO VALLEY COOPERATIVE CREAMERY ASSOCIATION, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

November 22, 1961.

Attorney(s) appearing for the Case

Neil McKay, Chicago, Ill. (William G. Mitchell and Winston, Strawn, Smith & Patterson, Chicago, Ill., and Stanley D. Campbell, Tulsa, Okl., with him on the brief), for appellant.

Robert D. Hovey, Kansas City, Mo. (Donald E. Johnson, of Hovey, Schmidt, Johnson & Hovey, Kansas City, Mo., Robert J. Woolsey, of Farmer, Woolsey, Flippo & Bailey, Tulsa, Okl., and Clark Fleming, Erie, Kan., with him on the brief), for appellee.

Before PHILLIPS, PICKETT and HILL, Circuit Judges.

PICKETT, Circuit Judge.

Beatrice Foods Company brought this action alleging that the defendant, Neosho Valley Cooperative Creamery Association, by the use of its trade name "Meadow Sweet" on its dairy products, was infringing its registered trademark "Meadow Gold", and engaging in unfair competition. In its answer Neosho denied the allegations that there was likelihood of confusion between the trademarks and that it was guilty of unfair competition. This is an appeal...

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