IN RE 1800MATTRESS.COM IP, LLC

No. 2009-1188.

586 F.3d 1359 (2009)

In re 1800MATTRESS.COM IP, LLC (substituted for Dial-A-Mattress Operating Corporation).

United States Court of Appeals, Federal Circuit.

November 6, 2009.


Attorney(s) appearing for the Case

Francis J. Duffin, Wiggin and Dana LLP, of New Haven, CT, for appellant.

Raymond T. Chen, Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, VA, for the Director of the United States Patent and Trademark Office. With him on the brief were Christina J. Hieber and Janet A. Gongola, Associate Solicitors.

Before LOURIE, FRIEDMAN, and PROST, Circuit Judges.


LOURIE, Circuit Judge.

1800Mattress.com IP, LLC ("1800Mattress.com"), substituted as appellant for Dial-A-Mattress Operating Corp. ("Dial-A-Mattress"), appeals from the final decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (the "Board") refusing registration of the mark "MATTRESS.COM." In re Dial-A-Mattress Operating Corp., Serial No. 78976682, 2008 WL 5009758, 2008 TTAB...

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