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SCHWAN'S IP, LLC v. KRAFT PIZZA CO.

No. Civ. 04-125 (MJD/JGL).

379 F.Supp.2d 1016 (2005)

SCHWAN'S IP, LLC, and Schwan's Consumer Brands North America, Inc. Plaintiffs and Counter-Defendants, v. KRAFT PIZZA COMPANY, Defendant and Counter-Claimant.

United States District Court, D. Minnesota.

July 28, 2005.

Attorney(s) appearing for the Case

Scott W. Johnston, Allen W. Hinderaker, and Ernest W. Grumbles III, Merchant & Gould P.C., Minneapolis, MN, Counsel for Plaintiffs and Counter-Defendants.

Alan A. Anderson and Sharna A. Wahlgren, Fulbright & Jaworski LLP.; Paul R. Garcia and Kevin S. Ueland, Kirkland & Ellis LLP, Chicago, IL, Counsel for Defendant and Counter-Claimant.

ORDER

DAVIS, District Judge.

I. INTRODUCTION

This is a trademark dispute regarding the use of the term BRICK OVEN1 in describing frozen pizzas. Defendant Kraft Pizza Company ("Kraft") has filed two motions for summary judgment on the trademark claim of Plaintiffs Schwan's IP, LLC, and Schwan's Consumer Brands North America, Inc. (collectively, "Schwan's"). Kraft's first motion seeks judgment under Fed.R.Civ...

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