Legal Opinion
In Re: North Carolina Lottery
Court of Appeals for the Federal Circuit
Decided August 10, 2017No. 2016-2558PublishedCited by 27 opinions
1Opinion of the Court
PROST, Chief Judge.
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 Trademark Office’s (“PTO”) Trademark Trial and Appeal Board (“TTAB”) denying registration of the mark. We affirm.
I. Background
N.C. Lottery is a state agency that began operating traditional lottery drawing games and instant lottery scratch-off games in North Carolina in 2006. “In order to…
2Cases cited10 opinions
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- In Re Nett Designs, Inc.Court of Appeals for the Federal Circuit · 2001
- Tumblebus Inc. v. Meredith Cranmer, D/B/A Tumblebus of LouisvilleCourt of Appeals for the Sixth Circuit · 2005
- In re Abcor Development Corp.Court of Customs and Patent Appeals · 1978
- In Re Bayer AktiengesellschaftCourt of Appeals for the Federal Circuit · 2007
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3Cited by27 opinions
- Zheng Cai v. Diamond Hong, Inc.Court of Appeals for the Federal Circuit · 2018
- Real Foods Pty Ltd. v. Frito-Lay North America, Inc.Court of Appeals for the Federal Circuit · 2018
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- Berkeley Lights, Inc., Trademark Trial and Appeal Board2022
- GSH Trademarks Limited v. Sia "Baltmark Invest"District Court, E.D. Virginia · 2021
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