Keebler Company v. Rovira Biscuit Corporation, Keebler Company v. Rovira Biscuit Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that, in some instances, indirect evidence may suffice
• reversing the district court’s finding of likely confusion in part because of the absence of evidence of actual confusion
• affirming a finding that “export soda” was generic for a type of soda cracker in Puerto Rico, relying on witness testimony on the historical use of the term
• striking difference in color between parties’ respective soda cracker packages made it “highly unlikely,” in the court’s view, that a reasonably prudent consumer would confuse one for the other
• “It is possible for a term to be generic in one market but not in another” — different geographical markets
• “No amount of purported proof that a generic term has acquired secondary meaning associating it with a particular producer can transform that term into a registrable trademark”

Source: CourtListener parenthetical corpus (CC0).