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SHAMMAS v. REA

Case No. 1:13-cv-1462.

978 F.Supp.2d 599 (2013)

Milo SHAMMAS, Plaintiff, v. Theresa Stanek REA, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

October 15, 2013.

Attorney(s) appearing for the Case

John Nolan Jennison , Law Offices Jennison & Shultz, P.C., Arlington, VA, for Plaintiff.

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

At issue on cross motions for summary judgment in this action seeking review of a decision from the Patent and Trademark Office's ("PTO") Trial and Appeal Board ("TTAB") is whether the TTAB erred in denying registration for the term "PROBIOTIC" on the grounds that the term is generic in connection with fertilizer, and alternatively, that the term at best is descriptive and has not acquired secondary...

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