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SWEETARTS v. SUNLINE, INC.

No. 18587.

380 F.2d 923 (1967)

SWEETARTS, a corporation, Appellant, v. SUNLINE, INC., and Menlo F. Smith, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 24, 1967.

Attorney(s) appearing for the Case

J. Pierre Kolisch, Portland, Ore., for appellant and filed brief with John W. Stuart, Portland, Or., and John D. Pope, III, St. Louis, Mo.

Ralph W. Kalish, St. Louis, Mo., for appellees and filed brief.

Before VOGEL, Chief Judge, and GIBSON and HEANEY, Circuit Judges.

FLOYD R. GIBSON, Circuit Judge.

This is a suit between two candy manufacturers, each using the trademark "SweeTarts". The trial court held that plaintiff's registered trademark was invalid for nonuse and that plaintiff-appellant was not entitled to injunctive relief for violation of its common law technical trademark or for unfair competition. Plaintiff appeals.

The facts of this case are as follows: Plaintiff's predecessor SweeTarts Company of Dundee, Oregon...

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