ZATARAINS, INC., Plaintiff-Appellant Cross-Appellee, v. OAK GROVE SMOKEHOUSE, INC. and Visko's Fish Fry, Inc., Defendants-Appellees Cross-Appellants, 698 F.2d 786

Summary

Plaintiff registered trademarks which were wholly descriptive, but misspelled. Defendants and other companies used the same descriptive words to identify their products, but did not misspell the words. Plaintiff sued multiple competitors, alleging trademark infringement and unfair competition under the Lanham Act and Louisiana statutes. Defendants filed counterclaims, inter alia seeking cancellation of the trademarks under 15 U.S.C.S. § 1119 and damages. Following a bench trial, the district court found both marks in dispute to be descriptive terms identifying a function of the product being sold. The first mark, while it acquired secondary meaning, was subject to a "fair use" defense to describe defendants' goods. The second mark had no secondary meaning and was cancelled. The counterclaims were dismissed. Both parties appealed. The court affirmed, finding that the marks were descriptive terms, and the first mark developed secondary meaning but not the second. Defendants were entitled ...