Use of Trademark Phrase Not Slogan Infringement

Affirming in a magistrate district, the magistrate court's order, 773 F. Supp. 2d 799 on narrower grounds, the court parted company with the scope of coverage for infringement of a title more broadly defining it as agreeing that it could be Nature's Own if used as a title of the claimant's bread wrappers but finding that there was no evidence to clarify that that's the manner in which they were used because, "[t]he mere appearance of the trademarked phrase on the packaging does not allow us to assume that it is being used as the ‘heading' or ‘distinctive designation' of the wrapper. See Merriam-Webster's at 184, 823." Id. at 545. 

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