United States Federal Circuit

The Trademark Trial and Appeal Board applied an outdated standard for section 2(e)(3) of the Lanham Act, in its refusal to register a mark because the mark was primarily geographically deceptively misdescriptive.

Appellate Information

• Decided 07/11/2003
• Published 07/11/2003

Judges

• RADER, Circuit Judge., Before NEWMAN, RADER, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Myron Cohen,Cohen, Pontani, Lieberman & Pavane, of New York, NY, argued for appellant.   With him on the brief were Lance J. Lieberman and Jeremy Kaufman., Stephen Walsh, Associate Solicitor, of Arlington, VA, argued for the Director of the United States Patent and Trademark Office.   With him on the brief were John M. Whealan, Solicitor, and Nancy C. Slutter, Associate Solicitor.   Of counsel were Cynthia C. Lynch and William G. Jenks, Associate Solicitors.