Zatarain's, Inc. v. Oak Grove Smokehouse, Inc.

Zatarain's (plaintiff) held trademarks on two frying-batter mixes, 'Chick-Fri' and 'Fish-Fri.' Oak Grove Smokehouse (defendant) sold its own frying batters using the terms 'chicken fry' and 'fish fry.' Zatarain's sued for infringement. The district court found both marks descriptive, held Oak Grove's use of 'fish fry' to be fair use, and ordered the 'Chick-Fri' registration cancelled. Zatarain's appealed, contending Fish-Fri was suggestive rather than descriptive.

Whether a descriptive term is protectable as a trademark absent proof that it has acquired secondary meaning, and whether a competitor's good-faith use of such a term to describe its own product is fair use.