Schwans introduced Freschetta Brick Oven pizza, a square, fire-baked crust topped with high-quality ingredients. Schwans chose the

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Schwan’s introduced Freschetta Brick Oven pizza, a square, fire-baked crust topped with high-quality ingredients. Schwan’s chose the name Brick Oven, hoping to convey gourmet quality and a restaurant-like eating experience. When Schwan’s began distributing Freschetta Brick Oven pizzas in March 2003, no other frozen pizza on the market used the term Brick Oven to identify certain pizzas. Seven months after Schwan’s launched Freschetta Brick Oven pizza, Kraft contacted packaging vendors to create a Tombstone Brick Oven style pizza to compete directly with Freschetta Brick Oven pizza. Kraft sought to place pricing pressure on Schwan’s Freschetta Brick Oven pizza with a cheaper product, using the term Brick Oven style to denote similarities. When Schwan’s filed a trademark infringement suit, Kraft moved for summary judgment on the grounds that the term Brick Oven is either generic or descriptive and without secondary meaning. Is the term Brick Oven pizza entitled to trademark protection? Explain.

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Law for Business

ISBN: 978-1259722325

13th edition

Authors: A. James Barnes, Terry M. Dworkin, Eric L. Richards

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