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T. MARZETTI CO. v. ROSKAM BAKING CO.

No. 10-3784.

680 F.3d 629 (2012)

T. MARZETTI COMPANY, Plaintiff-Appellant, v. ROSKAM BAKING COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 25, 2012.

Attorney(s) appearing for the Case

ARGUED: Brian J. Downey , Frost Brown Todd LLC, Columbus, Ohio, for Appellant. Matthew J. Gipson , Price, Heneveld, Cooper, Dewitt & Litton, LLP, Grand Rapids, Michigan, for Appellee. ON BRIEF: Brian J. Downey , Frost Brown Todd LLC, Columbus, Ohio, Matthew C. Blickensderfer , Frost Brown Todd LLC, Cincinnati, Ohio, for Appellant. Matthew J. Gipson , Steven L. Underwood , Jason L. Budd , Price, Heneveld, Cooper, Dewitt & Litton, LLP, Grand Rapids, Michigan, Alycia N. Broz , Vorys, Sater, Seymour and Pease, LLP, Columbus, Ohio, for Appellee.

Before: DAUGHTREY, MOORE, and McKEAGUE, Circuit Judges.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

In this action for trademark infringement under section 43(a), 15 U.S.C. § 1125(a), plaintiff T. Marzetti Company appeals the judgment of the district court in favor of defendant Roskam Baking Company. The alleged infringement involved Roskam's use of the mark "Texas Toast" on its packaged croutons. Marzetti contended that the term "Texas Toast" is a protectable mark and that Roskam's use created a likelihood...

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