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SQUIRTCO v. SEVEN-UP CO.

Nos. 79-2003, 79-2054.

628 F.2d 1086 (1980)

SQUIRTCO, Cross-Appellee, v. The SEVEN-UP COMPANY, a Missouri Corporation and Seven-Up U.S.A., Inc., a Missouri Corporation, Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 20, 1980.

Attorney(s) appearing for the Case

Edmund C. Rogers (on brief), Rogers, Eilers & Howell, argued, St. Louis, Mo.; John M. Howell and McPherson D. Moore, St. Louis, Mo., on brief, for Seven-Up Co.

Daniel Van Dyke (on brief), Price, Heneveld, Huizenga & Cooper, argued, Grand Rapids, Mich.; Randall G. Litton and Thomas M. McKinley, Grand Rapids, Mich., and Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., on brief, for SquirtCo.

Before STEPHENSON and McMILLIAN, Circuit Judges, and VIETOR, District Judge.

McMILLIAN, Circuit Judge.

This is an appeal in a trademark action brought by the Squirt Company, which has since changed its name to SquirtCo, against The Seven-Up Company and Seven-Up U.S.A., Inc., over introduction of the QUIRST trademark. Seven-Up appeals from the district court's permanent injunction against its use of QUIRST on a noncarbonated lemonade drink because it infringed on SquirtCo's use of SQUIRT on a carbonated grapefruit drink. SquirtCo cross-appeals...

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