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PIONEER HI-BRED INTERN., INC. v. WILSON HYBRIDS, INC.

Nos. 82-1935, 82-1958.

733 F.2d 574 (1984)

PIONEER HI-BRED INTERNATIONAL, INC., Appellant, v. WILSON HYBRIDS, INC., Appellee. PIONEER HI-BRED INTERNATIONAL, INC., Appellee, v. WILSON HYBRIDS, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 4, 1984.

Rehearing Denied May 31, 1984.

Attorney(s) appearing for the Case

H. Robert Henderson, Michael O. Sturm, Richard L. Fix, Henderson & Sturm, Des Moines, Iowa, for appellee/cross-appellant, Wilson.

Donald H. Zarley, Michael G. Voorhees, Zarley, McKee, Thomte, Voorhees & Sease, Des Moines, Iowa, for appellant/cross-appellee, Pioneer.

Before BRIGHT, Circuit Judge, SWYGERT, Senior Circuit Judge and BOWMAN, Circuit Judge.

PER CURIAM.

Pioneer Hi-Bred International, Inc. (Pioneer) brought this action against Wilson Hybrids, Inc. (Wilson) for trademark infringement under federal law (15 U.S.C. § 1125) and unfair competition under Iowa law (Iowa Code §§ 548.10 and 548.11).

Both corporations, headquartered in Iowa, produce and sell hybrid seed corn and other agricultural products.

Since 1964, Pioneer has used, in its advertising, an oblong hexagonal emblem...

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