United States Federal Circuit

There is no likelihood of confusion under Section 2(d) of the Trademark Act where substantial evidence supported the Trademark Trial and Appeal Board's finding that "Number One in Floorcare" is a generally laudatory, descriptive, and not inherently distinctive phrase.

Appellate Information

• Decided 02/01/2001
• Published 02/02/2001

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ray L. Weber, Renner, Kenner, Greive, Bobak, Taylor & Weber, of Akron, OH, argued for appellant.


• For Appellees:
  
• Jude A. Fry, Fay, Sharpe, Fagan, Minnich & McKee, L.L.P., of Cleveland, OH, argued for appellee. With him on the brief were Patrick R. Roche, and Sandra M. Koenig.