IN RE CITY OF HOUSTON

Nos. 2012-1356, 2012-1418.

731 F.3d 1326 (2013)

In re CITY OF HOUSTON. In re the Government of the District of Columbia.

United States Court of Appeals, Federal Circuit.

October 1, 2013.


Attorney(s) appearing for the Case

Mark G. Chretien , Greenberg Traurig, LLP, of Houston, TX, argued for appellant in No.2012-1356. With him on the brief were Ben D. Tobor and Anthony F. Matheny .

Bingham B. Leverich , Covington & Burling, LLP, of Washington, DC, argued for appellant in No.2012-1418. With him on the brief were Hope Hamilton , Peter D. Trooboff and Marie A. Lavalleye .

Christina Hieber , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for all appellees. With her on the brief were Thomas L. Casagrande , Associate Solicitor; and Amy P. Cotton , Senior Counsel Office of Policy and External Affairs. Of counsel was Nathan K. Kelley , Deputy Solicitor.

Before LOURIE and PLAGER, Circuit Judges, and BENSON, District Judge.


PLAGER, Circuit Judge.

This is a combined opinion in two cases on appeal from the Director of the United States Patent and Trademark Office (hereafter Director or PTO). Both cases raise a question of first impression — under the provisions of the Lanham Act, may a local government entity obtain a federal trademark registration for the entity's official insignia. The "Lanham Act" is the commonly used name for the Trademark Act of 1946, as amended, 15 U.S.C....

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