Legal Opinion

In Re Loew's Theatres, Inc.

Court of Appeals for the Federal Circuit

Decided August 9, 1985No. Appeal 85-888PublishedCited by 74 opinions

1Opinion of the Court

NIES, Circuit Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board sustaining a refusal to register the mark DURAN-GO for chewing tobacco. The board held that the subject mark was unregistrable under § 2(e)(2) of the Lanham Act (15 U.S.C. § 1052(e)(2)), which bars registration of a mark which is “primarily geographically deceptively misdescriptive” of the goods to which it is applied. We affirm.

I

Background

The subject of this appeal is Application Serial No. 341,663, filed on December 14, 1981, in the U.S. Patent and Trademark Office (PTO) by Loew’s Theatres, Inc.,…

2Cases cited15 opinions

  1. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
  2. South Corporation and Seal Fleet, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1982
  3. Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
  4. Frederick H. Norton v. Lawrence E. CurtissCourt of Customs and Patent Appeals · 1971
  5. LaTouraine Coffee Co. v. Lorraine Coffee Co.Court of Appeals for the Second Circuit · 1946

10 more not listed; retrieve them via the Exa API.

3Cited by74 opinions

  1. Yamaha International Corporation v. Hoshino Gakki Co., Ltd., Assignee of Hoshino Gakki Ten Inc.Court of Appeals for the Federal Circuit · 1988
  2. In Re Merrill Lynch, Pierce, Fenner, and Smith, IncCourt of Appeals for the Federal Circuit · 1987
  3. In Re Dial-A-Mattress Operating Corporation (Serial No. 75/131,355)Court of Appeals for the Federal Circuit · 2001
  4. In Re Pacer TechnologyCourt of Appeals for the Federal Circuit · 2003
  5. In Re International Flavors & Fragrances Inc.Court of Appeals for the Federal Circuit · 1999

69 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API