Holding that under Ohio common law, the plaintiff acquired common law trademark rights because of its substantial use for over ten years in a given area
In Beatrice Foods, our predecessor court held that "[o]nce there has been a determination that both parties are entitled to a federal registration, the extent to which those registrations are to be restricted territorially must... be governed by the statutory standard of likelihood of confusion."
Concluding that “substantial and undisputed differences” between the parties' use of FROOTEE ICE and FROOT LOOPS warranted summary judgment because “the dissimilarity of the marks in their entireties itself made it unlikely that confusion would result from the simultaneous use of the marks”