6th Circ. Burns 'Texas Toast' Crouton Mark As Generic

Law360, New York (May 25, 2012, 5:03 PM EDT) -- The Sixth Circuit ruled Friday that the term “Texas toast” could not be trademarked for use on crouton packaging because it was a generic term for oversized bread products, and not for a specific company's goods.

The appeals court affirmed an Ohio federal judge's ruling that The T. Marzetti Co. was not entitled to trademark protection for its “Texas Toast” croutons, striking down the company's accusations that the Roskam Baking Co. had stolen its intellectual property by selling croutons bearing the same phrase.

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