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IN RE NETT DESIGNS, INC.

No. 00-1075. (Serial No. 74,677,635).

236 F.3d 1339 (2001)

In re NETT DESIGNS, INC.

United States Court of Appeals, Federal Circuit.

DECIDED January 9, 2001.

Attorney(s) appearing for the Case

Paul M. Craig, Jr., of Silver Spring, Maryland, argued for appellant.

Mark Nagumo, Associate Solicitor, Office of the Solicitor, of Arlington, Virginia, argued for appellee. With him on the brief were Albin F. Drost, Acting Solicitor; Nancy C. Slutter, Acting Deputy Solicitor; and Eric Grimes, Associate Solicitor. Of counsel was Henry G. Sawtelle, Attorney.

Before MAYER, RADER, and BRYSON,

RADER, Circuit Judge.

The Trademark Trial and Appeals Board sustained an examiner's disclaimer requirement in Nett Designs, Inc.'s application for the mark LOAD LLAMA THE ULTIMATE BIKE RACK and design. In re Nett Designs, Inc., Ser. No. 74/677,635, slip op. (TTAB June 3, 1999), recons. denied Ser. No. 74/677,635 (TTAB Aug. 6, 1999). Because substantial evidence supports the Board's determination that the phrase THE ULTIMATE BIKE RACK is descriptive...

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