Illinois Tamale Co., Inc. v. LC Trademarks, Inc., 2026
WL 125544 (7th Cir. Jan. 16, 2026)
Be vigilant of how the public perceives your trademark, because
if the primary significance of your mark has become the generic
name of a good, you may lose your trademark. In Illinois Tamale
Co., Inc. v. LC Trademarks, Inc, the Seventh Circuit reversed
a district court order enjoining LC Trademarks, Inc. and Little
Caesar Enterprises, Inc. (collectively "Little Caesars")
from using the mark "Pizza Puff" with its food products.
The Seventh Circuit found that the district court erroneously used
the wrong test for determining whether a mark is generic, and that
under the correct test, Little Caesars's cited consumer survey
data, dictionary definitions, and USPTO registrations showed that
the term "Pizza Puff" is likely invalid for being
perceived as a generic name for a class of food by consumers.
