Kellogg Co. v. National Biscuit Co.

National Biscuit (plaintiff) held rights derived from the inventor of shredded wheat, whose expired patent covered the process for making the product's distinctive pillow shape, and a 1905 attempt to trademark the term "Shredded Wheat" had been denied. After the patent expired in 1912, Kellogg (defendant) began manufacturing its own shredded wheat in the same pillow shape in 1922. National Biscuit sued, and the circuit court enjoined Kellogg from using the name "shredded wheat" and the pillow shape; Kellogg sought Supreme Court review.