Legal Opinion

In Re 1800Mattress. Com IP, LLC

Court of Appeals for the Federal Circuit

Decided November 6, 2009No. 2009-1188PublishedCited by 32 opinions

1Opinion of the Court

LOURIE, Circuit Judge.

1800Mattress.com IP, LLC (“1800Mat-tress.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 Lexis 437 (T.T.A.B. Nov. 13, 2008). Because the Board’s decision finding “MATTRESS.COM” generic in relation to the recited services was supported by substantial evidence, we affirm.

BA…

2Cases cited8 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. The H. Marvin Ginn Corporation v. The International Association of Fire Chiefs, Inc.Court of Appeals for the Federal Circuit · 1986
  3. In re STEELBUILDING.COMCourt of Appeals for the Federal Circuit · 2005
  4. In Re Pacer TechnologyCourt of Appeals for the Federal Circuit · 2003
  5. In Re the American Fertility Society (Now Known as American Society for Reproductive Medicine)Court of Appeals for the Federal Circuit · 1999

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3Cited by32 opinions

  1. In Re: Cordua Restaurants, Inc.Court of Appeals for the Federal Circuit · 2016
  2. Princeton Vanguard, LLC v. Frito-Lay North America, Inc.Court of Appeals for the Federal Circuit · 2015
  3. Royal Crown Company, Inc. v. the Coca-Cola CompanyCourt of Appeals for the Federal Circuit · 2018
  4. In Re Louisiana Fish Fry Products, Ltd.Court of Appeals for the Federal Circuit · 2015
  5. Advertise. Com, Inc. v. AOL Advertising, Inc.Court of Appeals for the Ninth Circuit · 2010

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