A case study on ipr infringement: Kellogg's company V/S national biscuit company

This case is a dispute between the leading brand of food manufacturing company named Kellogg's vis-à-vis cookies and crackers manufacturing company named National Biscuit Company. This case discusses about the copyright infringement claims of National Biscuit Company over Kellogg's company, the use of the term “Shredded Wheat” and the similarity of its cereal biscuits’ shape to that of National Biscuit Company's biscuit, and Kellogg's use on the carton box a picture of two of the pillow-shaped cereal biscuit dipped in milk. The complaint made regarding the picture was based on trademark law and two other complaints were about Kellogg's who was fraudulently trying to “pass off” its cereal. This case has laid down the groundwork for future cases with regard to trade dress and helped in establishing the doctrine of genericide.