MAGIC WAND, INC. v. RDB, INC.

No. 90-1512.

940 F.2d 638 (1991)

MAGIC WAND, INC., Appellant, v. RDB, INC., Appellee.

United States Court of Appeals, Federal Circuit.

July 30, 1991.


Attorney(s) appearing for the Case

Susan B. Flohr, of Lalos & Keegan, Washington, D.C., argued for appellant. With her on the brief was Peter N. Lalos.

J. Triplett Mackintosh, of Coudert Brothers, Washington, D.C., argued for appellee. With him on the brief were Milo G. Coerper and Robert A. Lipstein.

Before ARCHER, MICHEL and RADER, Circuit Judges.


RADER, Circuit Judge.

Magic Wand, Inc. petitioned the United States Patent and Trademark Office's Trademark Trial and Appeal Board (TTAB) to cancel the registration of the service mark TOUCHLESS for "automobile washing services." The TTAB denied the petition. Magic Wand, Inc. v. RDB, Inc., Cancellation No. 16,878 (TTAB Aug. 7, 1990). Because Magic Wand did not show that TOUCHLESS was generic in the mind of the relevant public, this court affirms.

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