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NABISCO BRANDS, INC. v. QUAKER OATS CO.

Civ. A. No. 82-2934.

547 F.Supp. 692 (1982)

NABISCO BRANDS, INC. and Nabisco, Inc., Plaintiffs, v. The QUAKER OATS COMPANY, Defendant.

United States District Court, D. New Jersey.

September 20, 1982.

Attorney(s) appearing for the Case

Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney, P. C. by Joseph J. Fleischman, Newark, N.J., Taggart & Colucci by Frank J. Colucci, Jeanne T. Fennell, Marius J. Jason, and Susan Progoff, Gary H. Fechter, New York City, for plaintiffs.

Mattson, Madden & Polito by Andrew S. Polito, Newark, N.J., Howrey & Simon by John S. Kingdon, and Doris E. Long, Washington, D.C., Michael T. Welch, Chicago, Ill., for defendant.

OPINION

SAROKIN, District Judge.

STATEMENT OF FACTS

Plaintiffs, Nabisco Brands Inc. and Nabisco (hereinafter "Nabisco"), instituted this action against defendant, The Quaker Oats Company (hereinafter "Quaker"), alleging trademark infringement and unfair competition. Nabisco contends that Quaker has infringed its registered trademark CREAM OF WHEAT ® by manufacturing and marketing Quaker CREAMY WHEAT and that the manufacturing and marketing...

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