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SANDS, TAYLOR & WOOD v. QUAKER OATS CO.

No. 93-2687.

44 F.3d 579 (1995)

SANDS, TAYLOR & WOOD, Plaintiff-Appellee, v. The QUAKER OATS COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

January 9, 1995.

Attorney(s) appearing for the Case

James A. Klenk (argued), Samuel Fifer, Carol A. Been, Sally L. Davis, Sonnenschein, Nath & Rosenthal, Edward M. Keating, Alfred H. Plyer, Jr., Kinzer, Plyer, Dorn, McEachran & Jambor, Chicago, IL, Geoffrey J. Vitt, Diane R. Bech, Brooks, McNally, Whittington, Platt & Vitt, Norwich, VT, for plaintiff-appellee.

William E. Wallace, III (argued), Howrey & Simon, Washington, DC, William T. Cahill, Thomas P. Cimino, Jr., Phelan, Pope, Cahill & Devine, Robert G. Krupka, Kirkland & Ellis, Chicago, IL, for defendant-appellant.

Before FAIRCHILD, CUDAHY, and RIPPLE, Circuit Judges.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

PER CURIAM.

This case is before the court on the petition for rehearing of the Quaker Oats Company. One matter raised by the petition requires comment.

Quaker Oats submits that footnote 4 of this court's opinion is in error because it recites that "STW had the exclusive right to use the Thirst-Aid mark (in the circumstances of this case)." Quaker further suggests that this error "goes...

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