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POTATO CHIP INSTITUTE v. GENERAL MILLS, INC.

No. 71-1662.

461 F.2d 1088 (1972)

POTATO CHIP INSTITUTE, a Corporation, and Weaver Potato Chip Co., Inc., a Corporation, Appellants, v. GENERAL MILLS, INC., a Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 16, 1972.

Attorney(s) appearing for the Case

Melville Ehrlich, Washington, D.C., Lloyd J. Marti, of Marti, O'Gara, Dalton & Bruckner, Lincoln, Neb., for appellant Weaver Potato Chip Co., Inc.

Dean A. Olds, Richard H. Compere, Chicago, Ill., Robert M. Spire, Omaha, Neb., Charles E. Quarton, Chicago, Ill., for appellee; Robert Heer, Minneapolis, Minn., Hume, Clement, Hume & Lee, Ltd., Chicago, Ill., Ellick, Spire & Langdon, Omaha, Neb., of counsel.

Before MATTHES, Chief Judge, VAN OOSTERHOUT, Senior Circuit Judge, and HEANEY, Circuit Judge.

PER CURIAM.

Appellants Potato Chip Institute and Weaver Potato Chip Co. filed this suit seeking an injunction to prevent General Mills Co. from advertising as potato chips its product called Chipos. The complaint is premised upon § 43(a) of the Lanham Act, 15 U.S.C.A. § 1125. The decisive question, as described by Chief Judge Urbon, is as follows:

"The pivotal issue is whether labeling or advertising a product as `potato chips' tends falsely to...

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