"Texas Toast" Generic for Croutons: Sixth Circuit | Practical Law

"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.

"Texas Toast" Generic for Croutons: Sixth Circuit

Practical Law Legal Update 9-519-6554 (Approx. 3 pages)

"Texas Toast" Generic for Croutons: Sixth Circuit

Published on 29 May 2012USA (National/Federal)
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.