Kellogg Company v. National Biscuit Company (302 U.S. 777)

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Kellogg Co. v. National Biscuit Co., 305 U.S. 111 (1938), was a United States Supreme Court case in which the Court ruled that the Kellogg Company was not violating any trademark or unfair competition laws when it manufactured its own Shredded Wheat breakfast cereal, which had originally been invented by the National Biscuit Company (later called Nabisco). Kellogg's version of the product was of an essentially identical shape, and was also marketed as "Shredded Wheat"; but Nabisco's patents had expired, and its trademark application for the term "Shredded Wheat" had been turned down as a descriptive, non-trademarkable term.

889793Kellogg Company v. National Biscuit Company — Syllabus
Court Documents
Dissenting Opinion
McReynolds

United States Supreme Court

302 U.S. 777

Kellogg Company  v.  National Biscuit Company

Messrs. W. H. Crichton Clarke and Edward S. Rogers, both of New York City, and Robert T. McCracken, of Philadelphia, Pa., for petitioner.

Messrs. Thomas C. Haight, of Jersey City, N. J., David A. Reed, of Pittsburgh, Pa., and Drury W. Cooper and Charles A. Vilas, both of New York City, for respondent.

Notes

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

Public domainPublic domainfalsefalse

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