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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.