Tabberone is pronounced tab ber won not tay ber own

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Zatarains, Inc. v. Oak Grove Smokehouse, 698 F.2d 786 (5th Cir, 1983) PLAINTIFF: Zatarain's is the manufacturer and distributor of a line of over one hundred food products. Two of these products, "Fish-Fri" and "Chick-Fri," are coatings or batter mixes used to fry foods. These marks serve as the entree in the present litigation. DEFENDANT : Oak Grove Smokehouse, Inc. began marketing a "fish fry" and a "chicken fry" in March 1979. Zatarain's first claimed foul play in its original complaint filed against Oak Grove on June 19, 1979, in the United States District Court for the Eastern District of Louisiana. The district court found that Zatarain's trademark "Fish-Fri" was a descriptive term with an established secondary meaning, but held that Oak Grove had a "fair use" defense to their asserted infringement of the mark. The court further found that Zatarain's trademark "Chick-Fri" was a descriptive term that lacked secondary meaning, and accordingly ordered the trademark registration cancelled. Court of Appeals affirmed.