1. Home
  2. Browse Decisions
  3. F.3d
  4. 240 F.3d
  5. 240 F.3d 1341 (2001)
 

IN RE DIAL-A-MATTRESS OPERATING CORP.

No. 00-1197. (Serial No. 75/131,355)

240 F.3d 1341 (2001)

In re DIAL-A-MATTRESS OPERATING CORPORATION.

United States Court of Appeals, Federal Circuit.

DECIDED February 13, 2001.

Attorney(s) appearing for the Case

Arthur L. Plevy, Buchanan Ingersoll, P.C., of Princeton, New Jersey, argued for appellant. With him on the brief was Susan J. Goldsmith.

Albin F. Drost, Acting Solicitor, Office of the Solicitor, of Arlington, Virginia, argued for appellee. With him on the brief were Nancy C. Slutter, Acting Deputy Solicitor; Steven Walsh, and Eric Grimes, Associates Solicitors. Of counsel was John M. Whealan, Solicitor.

Before MAYER, Chief Judge, NEWMAN and SCHALL, Circuit Judges.

MAYER, Chief Judge.

Dial-A-Mattress Operating Corporation (Dial-A-Mattress) appeals the judgment of the Trademark Trial and Appeal Board affirming an examiner's rejection of its intent-to-use application to register "1-888-M-A-T-R-E-S-S" as a service mark. Because the mark is descriptive of the relevant services, and has acquired prima facie distinctiveness as the legal equivalent of one of Dial-A-Mattress' previously-registered marks, we reverse.

Background...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases