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KELLOGG CO. v. EXXON CORP.

Nos. 98-6237, 98-6360.

209 F.3d 562 (2000)

KELLOGG COMPANY, Plaintiff-Appellant/Cross-Appellee, v. EXXON CORPORATION, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 6, 2000.

Rehearing and Suggestion for Rehearing Denied May 16, 2000.

Attorney(s) appearing for the Case

Grady M. Garrison (briefed), Baker, Donelson, Bearman & Caldwell, Memphis, Tennessee, Daniel S. Mason (argued and briefed), San Francisco, California, Christopher T. Micheletti (briefed), Furth, Fahrner & Mason, San Francisco, California, for Plaintiff-Appellant/Cross-Appellee.

Buckner P. Wellford (briefed), John J. Thomason (briefed), Thomason, Hendrix, Harvey, Johnson & Mitchell, Memphis, Tennessee, Louis T. Pirkey (argued and briefed), Stephen P. Meleen (briefed), William G. Barber (briefed), Arnold, White & Durkee, Austin, Texas, Robert D. Rippe, Jr. (briefed), Charles A. Beach (briefed), Exxon Corporation, Irving, Texas, for Defendant-Appellee/Cross-Appellant.

Before: BATCHELDER and GILMAN, Circuit Judges; HOOD, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied May 16, 2000.*

OPINION

BATCHELDER, Circuit Judge.

Plaintiff-Appellant Kellogg Company appeals the district court's order granting summary judgment to Defendant-Appellee Exxon Corporation on Kellogg's complaint alleging federal and state law claims of trademark infringement, false designation of origin, false representation, dilution, and unfair competition. Because...

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