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QUAKER OATS CO. v. GENERAL MILLS

No. 3478.

45 F.Supp. 462 (1942)

QUAKER OATS CO. v. GENERAL MILLS, Inc.

District Court, N. D. Illinois, E. D.

May 12, 1942.

Attorney(s) appearing for the Case

Rogers, Woodson & Rogers, of Chicago, Ill., for plaintiff.

Wilkinson, Huxley, Byron & Knight, of Chicago, Ill., for defendant.

BARNES, District Judge.

The plaintiff, the Quaker Oats Company, filed an application in the Patent Office to register the word "OATIES" as a trade mark for a cereal food product. The Patent Office passed the application and published the mark in the Official Gazette. Whereupon, the defendant, General Mills, Inc., filed a notice of opposition, asserting that "OATIES" infringed its registered trade marks "WHEATIES," "KORNIES" and "MAIZIES," registered for cereal food...

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