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HILAND POTATO CHIP CO. v. CULBRO CORP.

No. 81-1914.

671 F.2d 1190 (1982)

HILAND POTATO CHIP COMPANY, Appellant, v. CULBRO CORPORATION d/b/a The Snacktime Company, a/k/a The Chesty Division of Culbro Corporation and Culbro Snack Foods, Inc., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 5, 1982.

Attorney(s) appearing for the Case

Edmund J. Sease, argued, Bruce W. McKee, and Zarley, McKee, Thomte, Voorhees & Sease, Des Moines, Iowa, for appellant, Hiland Potato Chip Co.

Siegrun D. Kane, David H. T. Kane, and Kane, Dalsimer, Kane, Sullivan & Kurucz, New York City, for appellees, Culbro Snack Foods, Inc. and Culbro Corp.

Before LAY, Chief Judge, STEPHENSON, Circuit Judge, and OVERTON, District Judge.

LAY, Chief Judge.

Hiland Potato Chip Co. appeals from the denial of its request for a preliminary injunction and the grant of defendant Culbro Co.'s motion for a preliminary injunction. Plaintiff alleged that defendant's use of the trademark "Kitty Clover" in the Kansas City trade area constituted statutory trademark infringement, common law trademark infringement, and unfair competition. The trial court denied plaintiff's motion and granted Culbro Co. a preliminary...

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