Innovation does not happen in isolation; it is a battleground where ideas clash, rivalries ignite, and ownership defines the future. Behind the technologies we rely on every day lie stories of groundbreaking inventions entangled in fierce legal disputes. Patents have driven progress, and sometimes stalled it. Welcome to Patent Feuds: The Untold Battles That Shaped Innovation. In this series, we uncover the rivalries that transformed industries, the inventions that triggered legal wars, and the lasting impact of Intellectual Property on the world. Get ready to explore the drama, the ambition, and the ideas that shaped modern history.
The Birth of Shredded Wheat: A Crunchy Revolution
Back in the late 19th century, Americans were shifting away from heavy breakfasts like steak and eggs and starting to embrace lighter, ready-to-eat meals. Enter the idea of “cereal,” a dry food you could just pour into a bowl and eat with milk.
In 1893, a man named Henry D. Perky changed the breakfast game forever. Perky was not a food scientist but a lawyer and businessman. He was focused on health and believed that a simple, whole-wheat cereal would help people digest food better.
He invented a way to take whole wheat, boil it, shred it using rollers, and then mold it into small pillow-shaped biscuits before baking. These tiny bundles were crispy, nutritious, and ready to eat. He called them “Shredded Wheat.”
Perky filed a patent for his process and machine in 1895 under U.S. Patent No. 548,086. Later, he also patented improvements to the process under U.S. Patent No. 558,393 in 1896.
He went on to form the Natural Food Company, which later became the Shredded Wheat Company, and began manufacturing the cereal in the city of Niagara Falls, Ontario.
Kellogg Steps In: The Cereal Giant Stirs the Pot
By the early 1900s, Kellogg Company was already famous for its Corn Flakes. When Henry Perky’s patents on shredded wheat expired in 1912, Kellogg saw a business opportunity. They began producing their own shredded wheat, replicating the pillow-shaped design and even using the same name, ‘Shredded Wheat.’
To support their version, Kellogg filed their own patent, U.S. Patent No. 1,168,888, titled “Open-shred cereal biscuit.”
However, the Shredded Wheat Company was not happy with this move, as they had spent years building the product’s identity. In 1919, they accused Kellogg of unfair competition. Kellogg paused production, but only for a while.
By 1927, Kellogg was making shredded wheat again. In 1930, the situation escalated when the National Biscuit Company (Nabisco) bought the Shredded Wheat Company and continued the legal fight with new energy. For Nabisco, it was not just about cereal; it was about protecting a brand name they had heavily invested in, and which had become strongly linked with their company.
The Verdict: A Win for Competition
The U.S. Supreme Court ruled in a 7-2 decision, written by Justice Louis Brandeis, that Kellogg could legally keep making its shredded wheat cereal and use the name “Shredded Wheat.” The Court said the shape of the cereal was functional, not just decorative, so it could be copied once the original patent had expired. If laws about unfair competition or trademarks were used to block this, it would unfairly stop other companies from making the same type of product even after the legal protection had ended.
The Court also noted that Kellogg clearly displayed its brand name on its packaging, so people were unlikely to think their product was made by Nabisco. Because of this, the Court said Kellogg was not pretending to be Nabisco, so there was no case of misleading customers.
Additionally, the Court decided that the term “Shredded Wheat” was a common name for that kind of cereal and could not be protected under trademark law. They rejected Nabisco’s claim that the name had become associated only with their brand (“secondary meaning”), saying once a patent or trademark is no longer valid, the product becomes part of the public domain free for others to use.
Finally, the Court explained that Nabisco’s effort and money spent on marketing “Shredded Wheat” did not give it exclusive control over the cereal’s pillow-like shape after the patent expired. Since the design was functional, protecting it would unfairly limit competition.
In Today’s World, Nabisco Would Have Had Stronger Protection
Today, companies protect their products not just with patents but also with trademarks and design rights like trade dress. In my opinion if Nabisco had acted now, they likely would have trademarked the name “Shredded Wheat” and registered the biscuit’s unique shape as a non-functional design. This would have blocked Kellogg from copying the product even after the patent expired.
However, in the early 1900s, trademark and design laws were still developing. Nabisco did not secure these protections, so when the patent expired in 1912, the name and shape became open for others allowing Kellogg to enter the market with their own product under the name of “Shredded Wheat.” In today’s time, had Nabisco filed for a Three Dimensional (3D) trademark application for its product under the name “Shredded Wheat” along with filing a design application for its aesthetic appeal, it would have succeeded in protecting its brand from being exploited by big corporations such as Kellog.
Conclusion: A Lesson for Modern Inventors
The Kellogg vs. National Biscuit Company feud is more than just an old Courtroom fight; it is a powerful story of innovation, competition, and the limits of protection.
Here are three key takeaways for today’s inventors:
- Patents are temporary, but innovation does not stop when they expire. Plan how you’ll stay ahead through brand loyalty, continuous improvement, or new features.
- Don’t rely on design alone to protect your invention, especially if that design is functional. Trademarks work best when the design is decorative or symbolic, not utilitarian.
- Embrace competition. When others enter your market after your patent ends, it’s a sign your invention mattered. Focus on building a brand that people trust.
So, the next time you pour a bowl of shredded wheat, remember it is more than just breakfast. It’s a symbol of how invention, law, and business collide. And sometimes, even a humble cereal can shape the future of innovation.
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We help secure your brand identity through trademark searches and registrations, and protect your creative works through copyright advisory. In case of disputes, our litigation team is equipped to handle enforcement actions, oppositions, and infringement claims. Additionally, we offer strategic IP portfolio management to help you maintain and monetize your intellectual assets effectively. Whether you’re entering new markets or refining your IP strategy, R.K. Dewan & Co. stands by your side with reliable legal and technical support.