Dial-A-Mattress Franchise Corporation v. Anthony Page, Dba Easy Associates, Page Industries, and Easy Bed, and Easy Bed, Incorporated

JON 0. NEWMAN, Circuit Judge:

An increasingly popular marketing technique of some businesses involves the use of telephone numbers whose digits correspond to letters on the telephone dial that spell out an easily remembered word or name. The business then invites telephone customers to dial the word or name. The technique is used extensively as a convenient way to remember the seven digits that follow the “1-800” prefix of toll-free long-distance numbers. Some examples are 1-800-MARINES and 1-800-FLOW-ERS. The technique is also used for numbers within a local dialing area. As so often happens…