Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

Kellogg Co. v. Exxon Corp.

United States Court of Appeals for the Sixth Circuit
209 F.3d 562 (6th Cir. 2000)


Kellogg Company (Kellogg) (plaintiff) registered a “Tony the Tiger” trademark in 1952. Seven years later, Exxon Corporation (Exxon) (defendant) began using a cartoon tiger in its promotions. Exxon registered a cartoon tiger trademark in 1965. At the time, Exxon sold only petroleum products. In 1984, Exxon opened its first convenience store and renewed registration for the cartoon tiger trademark the following year. Starting in the early 1990s, Exxon began using the cartoon tiger in connection with convenience stores that sold food and beverages. The convenience stores were called Tiger Mart and displayed Exxon’s trademarked cartoon tiger. Between 1992 and 1996, Exxon increased the number of Tiger Mart convenience stores from eight to 265. In 1996, Kellogg sued Exxon, alleging trademark infringement and dilution of Kellogg’s “Tony the Tiger” mark. Exxon argued that Kellogg had acquiesced to Exxon’s use of the cartoon tiger mark by failing to oppose the mark’s registration in 1952 and renewal in 1985 and failing to bring suit until 1996. The United States District Court for the Western District of Tennessee granted Exxon’s motion for summary judgment, holding that Kellogg had acquiesced to Exxon’s use of the cartoon tiger mark. The district court further held that the doctrine of progressive encroachment did not apply, because Exxon and Kellogg were not direct competitors. Kellogg appealed.

Rule of Law


Holding and Reasoning (Batchelder, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 507,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 507,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial