Kellogg Co. V. National Biscuit Case Summary

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Kellogg Co. v. National Biscuit Co., 305 U.S. 111 (1938), "National Biscuit sued Kellogg over the manufacture and sale of a breakfast cereal known as shredded wheat. Shredded wheat was first introduced in 1893 and then again in 1905 when a the inventor tried to trademark it and it was denied. National Biscuit years later acquired the rights to shredded wheat inventor business and eventual got a shredded wheat patent issued that eventually expired in 1912. Some ten years later in 1922 Kellogg started marketing their own version of shredded wheat in the same shape as Nation Biscuit. National Biscuit filed a lawsuit and the court ruled that Kellogg will not use the name shredded wheat and that they will not advertise or sell the pillow shaped …show more content…

National Biscuit petition the Federal court against Kellogg on the basis of unfair competition by manufacturing and sales of breakfast food named shredded wheat. In 1935 courts dismissed the conflict, because shredded wheat was patent but the expiration of Perky patent No. 548,086, issued October 15, 1895 and the name patent article passed into the public domain. That information was verified by the Circuit of Appeals in 1936 which end up reversing the Court original decision on Kellogg not being able use the name Shredded Wheat as a tradename or advertising or trying to sale it as a product. The Court had stated earlier in a ruling that Kellogg had violated patent trademark and was in the process of having them pay for punitive damages and profits to National Biscuits. National Biscuit has no exclusive right to the use of the "Shredded Wheat" as a tradename. Shredded wheat is the generic name of the article, which describes it with a fair degree of accuracy, and is the name by which the biscuit in pillow-shaped form is generally known by the

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