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Dial-A-Mattress Franchise Corp. V. Anthony Page
''Dial-A-Mattress Franchise Corp. v. Page'', 880 F.2d 675 (2d Cir. 1989), is a case that was tried in the United States Court of Appeals for the Second Circuit, which dealt with the issue of whether a plaintiff's telephone number, which translates into a generic term, is entitled to judicial protection when a second comer tries to use a confusingly similar number. Legal background Telephone numbers may be protected under trademark law when a competitor attempts to use a confusingly similar number. As in this case, a generic term is generally excluded from trademark law protection even if the word or number is a variation of that generic term, e.g., the generic term “shoes” as opposed to a variation like “shooz”or “shoe”. However, although a second comer is entitled to use a generic term already being used by a competitor, the second comer may still be enjoined from confusing the public.. Case facts The plaintiff, Dial-A-Mattress, was a retail dealer that sold ma ...
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United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long been one ...
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Jon Ormond Newman
Jon Ormond Newman (born May 2, 1932) is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit. Education and legal training Born in New York City, New York, Newman earned his Artium Baccalaureus degree from Princeton University in 1953 and his Bachelor of Laws from Yale Law School in 1956. After Yale, he clerked for Judge George Thomas Washington of the United States Court of Appeals for the District of Columbia Circuit and then clerked for United States Supreme Court Chief Justice Earl Warren from 1957 to 1958. Additionally, he was in the United States Army Reserve from 1954 to 1962. He was in private practice from 1958 to 1960 in Hartford, Connecticut and served as a graduate instructor at Trinity College. He also served as special counsel to the Governor of Connecticut in 1960. He was executive assistant to the United States Secretary of Health, Education, and Welfare from 1961 to 1962 and then joined the staff of Uni ...
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Roger Jeffrey Miner
Roger Jeffrey Miner (April 14, 1934 – February 18, 2012) was a United States circuit judge of the United States Court of Appeals for the Second Circuit and a United States district judge of the United States District Court for the Northern District of New York. Education and career Miner was born on April 14, 1934, in Hudson, New York. He received a Bachelor of Laws from New York Law School in 1956. He received a Bachelor of Science from State University of New York in 1977. He served as a Captain in the United States Army Judge Advocate General's Corps from 1956 to 1959. He was in private practice of law in Hudson from 1959 to 1975. He was corporation counsel for the City of Hudson, New York from 1961 to 1964. He was an assistant district attorney of Columbia County, New York in 1964. He was the district attorney of Columbia County from 1968 to 1975. He was an adjunct associate professor, Columbia-Greene Community College from 1974 to 1979. He was a justice of the New Y ...
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Robert J
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' ( non, Hróðr) "fame, glory, honour, praise, renown" and ''berht'' "bright, light, shining"). It is the second most frequently used given name of ancient Germanic origin. It is also in use as a surname. Another commonly used form of the name is Rupert. After becoming widely used in Continental Europe it entered England in its Old French form ''Robert'', where an Old English cognate form (''Hrēodbēorht'', ''Hrodberht'', ''Hrēodbēorð'', ''Hrœdbœrð'', ''Hrœdberð'', ''Hrōðberχtŕ'') had existed before the Norman Conquest. The feminine version is Roberta. The Italian, Portuguese, and Spanish form is Roberto. Robert is also a common name in many Germanic languages, including English, German, Dutch, Norwegian, Swedish, Scots, Danish, and Icelandic. It can be use ...
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Trademark Law
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, and ...
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1800Mattress
1800Mattress.com (formerly known as 1-800-Mattress, Dial-A-Mattress and Dial-A-Mattress Operating Corps) was an American bedding retailer headquartered in Hicksville, New York and famous for its ads that used the slogan "leave off the last S for savings" (since the word "mattress" has 8 letters and only 7 are necessary for the phoneword).How 1-800-Mattress Turned zzzz's into $$$$!
''The New York Enterprise Report''. Retrieved 2011-08-11.


History

1800mattress.com was founded as Dial-A-Mattress in 1976 by furniture store employee Napoleon Barragan. His idea for the business was inspired by an advertisement for Dial-A-Steak, a business that sold meat over the telephone. From its beginnings as a basement operation, 1979 saw the fi ...
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United States Court Of Appeals For The Second Circuit Cases
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Trademark Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ...
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Telephone Numbers In The United States
A telephone is a telecommunications device that permits two or more users to conduct a conversation when they are too far apart to be easily heard directly. A telephone converts sound, typically and most efficiently the human voice, into electronic signals that are transmitted via cables and other communication channels to another telephone which reproduces the sound to the receiving user. The term is derived from el, τῆλε (''tēle'', ''far'') and φωνή (''phōnē'', ''voice''), together meaning ''distant voice''. A common short form of the term is ''phone'', which came into use early in the telephone's history. In 1876, Alexander Graham Bell was the first to be granted a United States patent for a device that produced clearly intelligible replication of the human voice at a second device. This instrument was further developed by many others, and became rapidly indispensable in business, government, and in households. The essential elements of a telephone are a micr ...
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