Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Sunmark, Inc. v. Ocean Spray Cranberries, Inc.

United States Court of Appeals for the Seventh Circuit
64 F.3d 1055 (1995)


Sunmark, Inc. (Sunmark) (plaintiff) made SweeTARTS candies and owned the registered trademark “SweeTARTS.” Ocean Spray Cranberries, Inc. (Ocean Spray) (defendant) produced sweetened cranberry juice. In multiple advertising campaigns, Ocean Spray described its cranberry drinks as “sweet-tart” because the drinks had both sweet and tart flavors. Sunmark sued Ocean Spray for trademark infringement and sought a preliminary injunction to stop Ocean Spray from using “sweet-tart” in its advertising. The district court denied the preliminary injunction, finding that Sunmark had failed to show a likelihood of success on the merits. The district court reasoned that Ocean Spray’s use of “sweet-tart” was descriptive, giving Ocean Spray a fair-use defense to allegations of infringement. Sunmark appealed.

Rule of Law


Holding and Reasoning (Easterbrook, 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 497,000 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 497,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 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