BELLSOUTH CORPORATION, Appellant,
v.
DATANATIONAL CORPORATION; Association of North America Directory Publishers; Reuben H. Donnelley Corporation; Donnelley Information Publishing, Inc.; US West, Inc. and Christian Publishing & Services, Inc.; Multi-Local Media Corporation; Cellular Directory Corporation; Contel Corporation; George Edward Brumley, d/b/a The George Brumley Company; Scott Wilcox, d/b/a Telco Directory Publishing; Telcom Directories, Inc.; North American Directories, Inc.; GTE Directories Corporation; Yellow Pages — Nationwide Edition Directory, Inc. and U.S. Printing Directory, Inc.; United Telecommunications, Inc.; Carolina Telephone and Telegraph Co.; United Intermountain Telephone Company; United Telephone Company of The Carolinas; United Telephone Company of Florida; Directoriesamerica, Inc.; Community Telephone Directories, Inc.; National Suburban Directories, Inc., Appellees.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
July 26, 1995.
Rehearing Denied; Suggestion for Rehearing Declined September 29, 1995.
Attorney(s) appearing for the Case
Anthony B. Askew, Jones, Askew & Lunsford, Atlanta, GA, argued for appellant. With him on the brief was Stephen M. Schaetzel. Also on the brief were Sandra J. Evans, Bellsouth Corp., Atlanta, GA and Vincent L. Sgrosso, Bellsouth Advertising & Pub. Corp., Atlanta, GA, of counsel.
Baila H. Celedonia, Cowan, Liebnowitz & Latman, P.C., of New York City, argued for appellees. Also on the brief were Paul F. Kilmer, Gadsby & Hannah, of Washington, DC, Howard B. Weinreich, Volt Information Sciences, Inc., New York City, Josephine Lea Iselin, Lankenau & Bickford, New York City, Lawrence E. Abelman and Nancy J. Mertzel, Abelman, Frayne, Rezac & Schwab, New York City, Kevin G. Smith, Kimmel, Crowell & Weaver, of Arlington, VA, and Robert D. Hovey, Hovey, Williams, Timmons & Collins, Kansas City, MO.
Before ARCHER, Chief Judge, RICH, and MAYER, Circuit Judges.
United States Court of Appeals, Federal Circuit.
Rehearing Denied; Suggestion for Rehearing In Banc Declined September 29, 1995.
Opinion for the court filed by Chief Judge ARCHER. Circuit Judge MAYER dissents without opinion.
ARCHER, Chief Judge.
BellSouth Corporation (BellSouth) appeals from a decision of the Trademark Trial and Appeal Board (board) of the Patent and Trademark Office (PTO) sustaining the opposition of DataNational Corporation and twenty...
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