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PEPSICO, INC. v. GRAPETTE COMPANY

No. 19464.

416 F.2d 285 (1969)

PEPSICO, INC., Appellant, v. The GRAPETTE COMPANY, Inc., and Grapette-Aristocrat, Inc., Appellees.

United States Court of Appeals Eighth Circuit.

September 30, 1969.

Attorney(s) appearing for the Case

Milton Handler, of Kaye, Scholer, Fierman, Hays & Handler, New York City, for appellant; Fred A. Freund, Sidney A. Diamond and Elizabeth Head, New York City and Emon A. Mahony, of Mahony & Yocum, El Dorado, Ark., on the briefs.

J. W. Gipple, of Stevens, Davis, Miller & Mosher, Washington, D. C., for appellees; Robert D. Klages, Washington, D. C., and Walter H. Laney, Jr., Camden, Ark., on the brief.

Before BLACKMUN, LAY and HEANEY, Circuit Judges.

LAY, Circuit Judge.

PepsiCo, Inc., a holding company of several subsidiaries including Pepsi Cola Co., a national soft drink bottler, sought an injunction against Grapette-Aristocrat, Inc. and its holding company Grapette Co. (hereinafter referred collectively as Grapette) on the alleged infringement of its trademark "Pepsi." In 1965 Grapette purchased the mark "Peppy" and intended to bottle a soft "pepper" drink with that name. The district court found that the mark...

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