The Squirt Company v. The Seven-Up Company

480 F. Supp. 789 (1979)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

The Squirt Company v. The Seven-Up Company

United States District Court for the Eastern District of Missouri
480 F. Supp. 789 (1979)

Facts

The Squirt Company (plaintiff) sued the Seven-Up Company (defendant) for infringing on its trademark. The Squirt Company alleged that the Seven-Up Company’s lemonade-flavored soda named Quirst infringed on the Squirt Company’s grapefruit-flavored soda called Squirt. Evidence in the form of a survey, sponsored by Seven-Up and conducted by the Maritz Company, was introduced to examine the existence of consumer confusion. Rather than relying on a survey conducted in people’s homes or another nonpurchasing environment, asking their opinions about various trademarks and whether they appeared related, the Maritz Company survey was conducted in three low-cost grocery stores over a period of three days. The survey was conducted by offering customers a coupon for a 50-cent discount on the purchase of noncola soft drinks. After customers completed their shopping and paid for their purchases, surveyors intercepted them at that point as the customers were leaving the store. The customers were asked if they had received and used the coupon upon arrival. If the customers had used the coupon, they were asked to state what brand of soda they purchased. Then customers were asked to show the interviewer the soda purchased and offered an additional discount for the inconvenience. The interviewers made note of what brands were actually purchased. Once the results were compiled and analyzed, there were 839 people who showed their purchasers to the interviewers. Of 70 shoppers who stated that they had purchased Squirt, 65 had indeed purchased Squirt. Two of the 70 had actually purchased Sprite. Only three of the 70, 4.3 percent, who said they purchased Squirt had actually purchased Quirst.

Rule of Law

Issue

Holding and Reasoning (Harper, 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 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead 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.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership