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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.