United States Federal Circuit

The phrase "THE ULTIMATE BIKE RACK" is descriptive, and thus not not eligible for trademark protection, because the word "ultimate" is lauditory, touting the alleged merit of the bike rack.

Appellate Information

• Decided 01/09/2001
• Published 01/09/2001

Judges

• RADER, Circuit Judge., Before MAYER, Chief Judge, RADER, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Paul M. Craig, Jr., of Silver Spring, MD, argued for appellant.


• For Appellees:
  
• Mark Nagumo, Associate Solicitor, Office of the Solicitor, of Arlington, VA, argued for appellee.   With him on the brief were Albin F. Drost, Acting Solicitor;  Nancy C. Slutter, Acting Deputy Solicitor;  and Eric Grimes, Associate Solicitor.   Of counsel was Henry G. Sawtelle, Attorney.