"Texas Toast" Generic for Croutons: Sixth Circuit | Practical Law
In T. Marzetti Co. v. Roskam Baking Co., the US Court of Appeals for the Sixth Circuit upheld a district court decision holding that the term "Texas Toast" is generic when applied to large croutons. The decision is notable for its discussion of evidence considered in assessing whether a term is generic and for distinguishing the Sixth Circuit test for genericness from the test used by other circuits.