Tabberone is pronounced tab ber won not tay ber own

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Dial-A-Mattress v Page, 880 F.2d 675 (2nd Cir 1991) PLAINTIFF: Dial-A-Mattress Franchise Corp used a local telephone number "MATTRES". DEFENDANT : Page began marketing using "1-800-MATTRESS". Dail-A-Mattress filed cliaming the telephone number was protected as a trademark. District court ruled in favor of Dail-A-Mattress. Page then appealed. The appeal raised the somewhat novel issue of whether it is unfair competition for a business to acquire a telephone number identified by the spelling of a generic term that a competitor is using (with a spelling modification) to identify its telephone number. Court of Appeals affirmed the district court's grant of summary judgment in favor of Dail-A-Mattress.