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Zatarain’s, Inc. v. Oak Grove Smokehouse, Inc.

United States Court of Appeals for the Fifth Circuit
698 F.2d 786 (5th Cir. 1983)


Zatarain’s, Inc. (plaintiff) obtained trademarks for two batter mixes: “Chick-Fri” and “Fish-Fri.” Oak Grove Smokehouse, Inc. (Oak Grove) (defendant) sold its own batters for frying foods that used the terms “chicken fry” and “fish fry.” Zatarain’s brought a trademark infringement suit against Oak Grove. The United States District Court for the Eastern District of Louisiana ruled (1) that both trademarks were descriptive terms, (2) that Oak Grove’s use of “fish fry” was fair use, and (3) that Zatarain’s trademark for Chick-Fri should be cancelled. Zatarain’s appealed, arguing, among other things, that Fish-Fri is a suggestive term, not a descriptive term.

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