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Grinder v Grinder

mccormick grinder.jpg

weatherchem grinder.jpg

McCormick, the spice company, has registration no 2,183,132, for a mark consisting of:

"the configuration of a round bottle that abruptly narrows at approximately one-third distance from the bottom. The bottle then remains a straight cylinder up to the cap. The cap is a round cylinder with sets of three raised vertical lines, spaced evenly apart. The crown of the cap consists of a rounded top, with a rim slightly overhanging the bottom cylinder of the cap. At the top of the crown of the cap is a raised round rim, surrounding a small, short, flat, slightly raised cylinder at the apex of the cap. The applicant claims the color black, with regard to the cap, as a feature of the mark."

Weatherchem began selling a bottle also containing a grinder.

McCormick sued (Justia summary page here, (complaint here).

The matter has now settled (Coverage here).