SCHWAN'S IP, LLC v. Kraft Pizza Co.

ORDER

DAVIS, District Judge.

I. INTRODUCTION .

This is a trademark dispute regarding the use of the term BRICK Oven 1 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.P. 56, arguing that Briok Oven is generic, is descriptive and lacks secondary meaning, or — in the alternative — that Kraft’s use of that term constitutes fair use. Kraft’s second motion…