· 8/18/2006
Schwan's Ip, LLC Schwan's Consumer Brands North America, Inc. v. Kraft Pizza Company
Citations
- 460 F.3d 971
- 79 U.S.P.Q. 2d (BNA) 1790
- 2006 U.S. App. LEXIS 21146
- 2006 WL 2381494
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that use of the term “brick oven” by plaintiffs frozen pizza competitors supported district court’s finding that term was generic
- finding generic use of a term by a company’s competitors is indicative of public perception
- finding generic use of a term by a company's competitors is indicative of public perception
- discussing the relevance of newspaper articles using the phrase \brick oven\ to name a type of pizza rather than a specific brand
- stating that a descriptive mark is only protectible if it is \so associated with the product that it becomes a designation of the source rather than of a characteristic of the product\-thus, if it has acquired secondary meaning
- affirming grant of summary judgment on grounds that the term “Brick Oven” is generic
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Hansen, Benton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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