The Seventh Circuit on Friday threw out an injunction on Little Caesars’ use of the phrase “pizza puffs,” finding the chain presented strong evidence that consumers view the phrase as a generic term rather than a reference to something specific.
Judge Amy St. Eve said the lower court judge used the wrong legal standard when deciding whether “pizza puff” is descriptive of Little Caesars’ “Crazy Puffs” product. The term “need only refer to a characteristic of the product,” she said.
“No one disputes that Crazy Puffs are filled with pizza ingredients like cheese, tomato sauce, meat, and vegetables,” she ...