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SWEETARTS v. SUNLINE INC.

No. 19765.

423 F.2d 260 (1970)

SWEETARTS, Appellee, v. SUNLINE, INC., and Menlo F. Smith, Appellants.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied April 15, 1970.

Attorney(s) appearing for the Case

William R. Kirby, St. Louis, for appellants; Tenney, Dahman & Mathewson, and Ralph W. Kalish, St. Louis, Mo., on the brief.

John D. Pope, III, St. Louis, Mo., for appellee; J. Pierre Kolisch and John W. Stuart, Portland, Or., on the brief.

Before BLACKMUN, GIBSON and LAY, Circuit Judges.

LAY, Circuit Judge.

This appeal arises out of abortive conferences which the parties entered into in order to negotiate a settlement of their respective positions arising out of our decision of trademark infringement in Sweetarts v. Sunline, Inc., 380 F.2d 923 (8 Cir. 1967). We there held that Sunline, Incorporated's mark of "SweeTarts" infringed upon Sweetarts' mark "SweeTarts." Pursuant to our decision, the district court on September...

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