Kellogg Co. v. National Biscuit Co.

Kellogg Co. v. National Biscuit Co. is a landmark legal case that took place in the United States. It involved two major food companies, Kellogg Co. and National Biscuit Co. (also known as Nabisco), and had significant implications for trademark law. In this article, we will explore the details of the case, its background, legal arguments, and the ultimate outcome.

Background

Kellogg Co. and National Biscuit Co. were both well-established companies in the food industry. Kellogg Co., founded in 1906, was known for its breakfast cereals, while National Biscuit Co., founded in 1898, was famous for its cookies and crackers. Both companies had built strong brand identities and had registered trademarks for their respective products.

In the early 20th century, Kellogg Co. introduced a new cereal called "Shredded Wheat." This cereal was made from whole wheat and had a distinctive pillow-like shape. National Biscuit Co. saw the success of Shredded Wheat and decided to create a similar product. They named their version "Shredded Wheat Biscuits."

Legal Arguments

Kellogg Co. filed a lawsuit against National Biscuit Co., alleging trademark infringement. They argued that National Biscuit Co.'s use of the term "Shredded Wheat" in their product name was likely to cause confusion among consumers. Kellogg Co. claimed that they had exclusive rights to the term due to their prior use and registration of the trademark.

National Biscuit Co. countered by arguing that "Shredded Wheat" was a generic term that described the product itself, rather than a specific brand. They claimed that Kellogg Co. should not have exclusive rights to use the term.

Court Proceedings

The case was brought before the United States District Court for the Northern District of Illinois. The court had to determine whether the term "Shredded Wheat" was a protectable trademark or a generic term.

After considering the evidence and arguments presented by both parties, the court ruled in favor of Kellogg Co. The court held that "Shredded Wheat" was a valid and protectable trademark owned by Kellogg Co. They found that National Biscuit Co.'s use of the term in their product name constituted trademark infringement.

Outcome

As a result of the court's decision, National Biscuit Co. was ordered to cease using the term "Shredded Wheat" in their product name. They were also required to pay damages to Kellogg Co. for the trademark infringement.

This case set an important precedent in trademark law, establishing that even descriptive terms can be protected as trademarks if they acquire secondary meaning and become associated with a specific brand. It highlighted the importance of brand identity and the need to protect trademarks from unauthorized use.

See also

• Trademark infringement
• United States District Court for the Northern District of Illinois