Kellogg Co. v. National Biscuit Co.
United States Supreme Court
305 U.S. 111 (1938)
National Biscuit Co. (National Biscuit) (plaintiff) sued Kellogg Co. (Kellogg) (defendant) over the manufacture and sale of the breakfast food known as shredded wheat. Shredded wheat was first introduced in 1893. In 1905, a request to trademark the term “Shredded Wheat” was denied. National Biscuit later acquired the rights to the business that stemmed from shredded wheat’s inventor. A patent was issued for the process of making shredded wheat. The patent expired in 1912. In 1922, Kellogg began manufacturing and marketing its own shredded wheat. Kellogg produced its product in the same pillow-shaped form as the inventor company. National Biscuit then sued. The circuit court ruled against Kellogg, enjoining Kellogg from using the name “shredded wheat.” Kellogg was also enjoined from advertising or selling its product in the same pillow shape used by National Biscuit. Kellogg filed a petition to the United States Supreme Court for certiorari to review the decision.
Rule of Law
Holding and Reasoning (Brandeis, J.)
Dissent (McReynolds, J.)
What to do next…
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 97,000 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.
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 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.