IN RE NORTH CAROLINA LOTTERY

2016-2558.

866 F.3d 1363 (2017)

IN RE: NORTH CAROLINA LOTTERY, Appellant.

United States Court of Appeals, Federal Circuit.

Decided: August 10, 2017.


Attorney(s) appearing for the Case

DAVID E. BENNETT , Coats & Bennett, PLLC, Cary, NC, argued for appellant. Also represented by DAVID D. KALISH.

WILLIAM LAMARCA , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for appellee Joseph Matal. Also represented by NATHAN K. KELLEY , THOMAS L. CASAGRANDE , CHRISTINA HIEBER.

Before Prost, Chief Judge, Chen and Hughes, Circuit Judges.


Appellant North Carolina Lottery ("N.C. Lottery") seeks to register the mark "FIRST TUESDAY" in connection with lottery services and games, to market the introduction of new scratch-off lottery games on the first Tuesday of each month. It appeals the decision of the U.S. Patent and...

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