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SWEETARTS v. SUNLINE, INC.

Nos. 19760, 19766.

436 F.2d 705 (1971)

SWEETARTS, an Oregon Corporation, Plaintiff-Appellee, v. SUNLINE, INC., a Missouri Corporation, and Menlo F. Smith, Defendants-Appellants (two cases).

United States Court of Appeals, Eighth Circuit.

January 20, 1971.

Attorney(s) appearing for the Case

J. Pierre Kolisch, Portland, Or., John D. Pope III, St. Louis, Mo., for Sweetarts; John W. Stuart, Portland, Or., of counsel.

Orville Richardson, Ralph W. Kalish, St. Louis, Mo., for Sunline, Inc., and another.

Before MATTHES, Chief Judge, and HEANEY and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

These two appeals arise out of trademark infringement litigation which began in 1964. The appeal in No. 19760 presents the question of whether plaintiff Sweetarts, an Oregon candy manufacturer, has established sufficient market penetration in eight states through the distribution of candy products bearing its common-law technical trademark "SweeTarts" to entitle it to injunctive protection prohibiting...

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