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Tag Archives: Marzetti

Texas Toasted? How to Slice the Trademark Spectrum of Distinctiveness

Posted in Branding, Fair Use, Food, Infringement, Law Suits, Marketing, Trademarks

  v.      Texas Toast is the generic name for a type of bread, you know, the big thick double-cut slices. Anyone can call their bread Texas Toast if that is what they are selling, and, by the way, it doesn’t have to be toasted for the name to fit. But, what if you’re selling a product made from bread, say, croutons?… Continue Reading

I See Blue Ovals

Posted in Branding, Dilution, Famous Marks, Food, Marketing, Non-Traditional Trademarks, Trademarks

I think Steve once remarked something to the effect that the Internet is employment security for trademark attorneys.  Road tripping is too.  On one such recent occasion, my wife remarked on the similarity of Culver’s blue oval signage to Ford’s famous blue oval.    Obviously, there is no issue here from a trademark infringement standpoint.  Culver’s is clearly… Continue Reading