DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
053463P.pdf 08/18/2006 Schwan's IP v. Kraft Pizza Co.
U.S. Court of Appeals Case No: 05-3463
District of Minnesota
[PUBLISHED] [Wollman, Author, with Hansen and Benton, Circuit Judges]
Civil Case - trademark infringement. District court's grant of summary
judgment in trademark infringement suit concluding the term Brick Oven
is either generic or descriptive and without secondary meaning is
affirmed. There is no presumption of mark's validity based on patent
office's denial of application to register Brick Oven mark. District
court did not err in concluding term Brick Oven as used to identify
pizza is a generic term. It was not error for district court to omit
the survey evidence from its genericness analysis.