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BEER NUTS, INC. v. CLOVER CLUB FOODS CO.

Nos. 81-1545, 81-1600.

711 F.2d 934 (1983)

BEER NUTS, INC., Plaintiff-Appellant, Cross-Appellee, v. CLOVER CLUB FOODS COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

June 22, 1983.

Attorney(s) appearing for the Case

Robert M. Newbury, Chicago, Ill. (Craig S. Fochler of Pattishall, McAuliffe & Hofstetter, Chicago, Ill., and Robert R. Mallinckrodt of Mallinckrodt & Mallinckrodt, Salt Lake City, Utah, with him on the brief), of Pattishall, McAuliffe & Hofstetter, Chicago, Ill., for plaintiff-appellant, cross-appellee.

R. William Johnston, Pasadena, Cal. (Richard D. Seibel of Christie, Parker & Hale, Pasadena, Cal., and Stephen H. Anderson of Ray, Quinney & Nebeker, Salt Lake City, Utah, with him on the brief), of Christie, Parker & Hale, Pasadena, Cal., for defendant-appellee, cross-appellant.

Before BARRETT, McKAY and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Beer Nuts, Inc. (Beer Nuts) sued Clover Club Foods (Clover Club) alleging trademark infringement under 15 U.S.C. § 1114 (1976), unfair competition under 15 U.S.C. § 1125 (1976),1 and a pendent claim of state law trademark infringement. These claims arose from Clover Club's use of the words "Brew Nuts" with a picture of an overflowing stein on packages containing a sweetened, salted peanut product virtually...

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