FLAVOR CORPORATION OF AMERICA v. KEMIN INDUSTRIES, INC.

Nos. 73-1338, 73-1339 and 73-1519.

493 F.2d 275 (1974)

FLAVOR CORPORATION OF AMERICA, Plaintiff-Appellee and Cross-Appellant, v. KEMIN INDUSTRIES, INC., and Rolland W. Nelson, Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 11, 1974.

Rehearings and Rehearings Denied April 10, 1974.


Attorney(s) appearing for the Case

William E. Lucas, Chicago, Ill., for Flavor Corp. of America.

Donald H. Zarley, Des Moines, Iowa, for Kemin Industries, Inc.

Before LAY, BRIGHT and WEBSTER, Circuit Judges.


Rehearings and Rehearings En Banc Denied April 10, 1974.

WEBSTER, Circuit Judge.

This is an appeal and cross-appeal from the order of the District Court granting limited injunctive relief in favor of appellee Flavor Corporation of America (FCA), holder of the registered trademark "PESTLUR", and against appellant Kemin Industries, Inc. (Kemin), holder of the common law trademark "LURE".1

The trial court found that Kemin...

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