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Dial A Mattress Operating Corp.

No. 75131355 (T.T.A.B. Nov. 2, 1999)
Dial A Mattress Operating Corp.

14 Cited authorities

  1. Dranoff-Perlstein Associates v. Sklar

    967 F.2d 852 (3d Cir. 1992)   Cited 117 times
    Holding that mark corresponding to telephone number is entitled to trademark protection only to extent that it serves as "an indicator of source, sponsorship, approval or affiliation"

  2. In re Int'l Flavors Fragrances Inc.

    183 F.3d 1361 (Fed. Cir. 1999)   Cited 60 times   4 Legal Analyses
    Noting that "[t]he federal registration of a trademark does not create an exclusive property right in the mark."

  3. Yamaha Intern. Corp. v. Hoshino Gakki Co.

    840 F.2d 1572 (Fed. Cir. 1988)   Cited 46 times   2 Legal Analyses
    Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

  4. H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.

    782 F.2d 987 (Fed. Cir. 1986)   Cited 46 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

  5. In re the American Fertility Society

    188 F.3d 1341 (Fed. Cir. 1999)   Cited 23 times   3 Legal Analyses
    Holding that an earlier precedential decision is binding precedent on later panels

  6. Van Dyne-Crotty, Inc. v. Wear-Guard Corp.

    926 F.2d 1156 (Fed. Cir. 1991)   Cited 31 times   5 Legal Analyses
    Holding that the shorter phrase was not the legal equivalent of the longer mark

  7. Chait v. Bernstein

    835 F.2d 1017 (3d Cir. 1987)   Cited 34 times
    Rejecting prohibition of plan amendment based on "exclusive benefit" argument

  8. Dial-A-Mattress Franchise Corp. v. Page

    880 F.2d 675 (2d Cir. 1989)   Cited 29 times
    Holding that competitor's use of a confusingly similar telephone number can constitute either trademark infringement or unfair competition and enjoining competitor's use of "1-800-MATTRESS" to protect plaintiff's local use of telephone number "MATTRESS"

  9. In re Loew's Theatres, Inc.

    769 F.2d 764 (Fed. Cir. 1985)   Cited 26 times   2 Legal Analyses
    Holding incontestable mark DURANGO for cigars insufficient to establish distinctiveness of DURANGO for chewing tobacco

  10. 800 Spirits Inc. v. Liquor by Wire, Inc.

    14 F. Supp. 2d 675 (D.N.J. 1998)   Cited 4 times
    In 800 Spirits, Inc. v. Liquor By Wire, Inc., 14 F. Supp.2d 675 (D.N.J. 1998), the court was presented with the question of whether "spirits" was a generic term for gifts of alcoholic beverages.

  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 30,014 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  12. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,608 times   274 Legal Analyses
    Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"

  13. Section 2.20 - Declarations in lieu of oaths

    37 C.F.R. § 2.20   Cited 8 times   7 Legal Analyses

    Instead of an oath, affidavit, or sworn statement, the language of 28 U.S.C. 1746 , or the following declaration language, may be used: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001 , and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and