Postum Cereal Co. v. American Health Food Co.

Citations

• 119 F. 848
• 56 C.C.A. 360
• 1902 U.S. App. LEXIS 4730

Syllabus

<p>1. ’ Trade-Marks—Infringement.</p> <p>The trade-mark “Grape-Nuts,” adopted as the name of a cereal food preparation, is not infringed by the name “Grain-Hearts,” used to designate a similar product.</p> <p>8.'Same—Unfair Competition.</p> <p>The labels and packages used by complainant for its cereal food preparation, “Grape-Nuts,” and those used by defendant for its similar product, “Grain-Hearts,” compared and taken as a whole, held so dissimilar in appearance that purchasers of ordinary intelligence, using ordinary attention, would not be likely to be misled into purchasing one tor the other, and that defendant could not be charged with unfair competition in the absence of evidence that purchasers had actually been deceived.</p> <p>¶ 2. Unfair competition, see notes to Scheuer v. Muller, 20 C. C. A. 165; Lare v. Harper & Bros., 30 C. C. A. 376.</p>