KRAFT FOODS v. CRACKER BARREL OLD COUNTRY STORE

No. 13-2559.

735 F.3d 735 (2013)

KRAFT FOODS GROUP BRANDS LLC, Plaintiff-Appellee, v. CRACKER BARREL OLD COUNTRY STORE, INC., et al., Defendants-Appellants, and John Morrell & Co., Intervening Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 14, 2013.


Attorney(s) appearing for the Case

Barbara Solomon , Fross, Zelnick, Lehrman & Zissu, New York, NY, for Plaintiff-Appellee.

Daniel P. Albers , Barnes & Thornburg LLP, Chicago, IL, for Intervening Defendant-Appellant, Defendants-Appellants.

Before POSNER, ROVNER, and HAMILTON, Circuit Judges.


POSNER, Circuit Judge.

This is a trademark infringement suit (see Lanham Act, 15 U.S.C. §§ 1051 et seq.) brought by Kraft against Cracker Barrel Old Country Store (we can disregard the other parties). The district judge granted Kraft a preliminary injunction against the sale by Cracker Barrel Old Country Store of food products to grocery stores under the name Cracker Barrel, which is a registered trademark of Kraft. To prevent confusion (an especially...

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