Zatarains, Inc., Cross-Appellee v. Oak Grove Smokehouse, Inc. And Visko's Fish Fry, Inc., Cross-Appellants

How courts have described this case

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

• holding that the district court’s finding of secondary meaning was not clearly erroneous where Zatarain’s sold 916,385 cases of Fish-Fri between 1964 and 1979
• observing that the “term Coppertone has been held suggestive in regard to sun tanning products”
• asking whether competitors would need the terms used in the trademark to adequately describe their products
• criticizing survey on suggestiveness for various reasons including that “survey samples such as these — 100 women in each of four randomly selected cities — may not be adequate in size to prove much of anything”
• “Common sense indicates that in this case merchants other than Zatarain’s might find the term ‘fish fry’ useful in describing their own particular batter mixes.”
• “ ‘[T]he question is not the extent of promotional efforts, but their effectiveness in altering the meaning of the term to the consuming public.’ ” (alteration omitted

Source: CourtListener parenthetical corpus (CC0).