Summary of Final Decisions Issued by the Trademark Trial and Appeal Board February 26 - March 2, 2001 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 2-27 EX 75/444,349 Hayashi 2-27 EX 75/508,524 Senior Technologies, Inc. 2-27 EX 75/397,987 Data Critical Corp. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "EXTASY RECORDS Affirmed INTERNATIONAL" [a series of sound recordings, namely, phonograph records, prerecorded compact discs, and videos featuring music and entertainment] 2(d) Refusal "TABS SELECT" Affirmed [remote patient position monitors] 2(d) Refusal "LABVIEW" Affirmed [computer hardware and software, for use with medical patient monitoring equipment, for receiving, processing, transmitting and displaying of data] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB "EAR X-TACY" No (in stylized lettering) [prerecorded cassette tapes, video tapes, CDs, laser discs and records featuring music and entertainment and blank cassette tapes and blank video tapes and CD and cassette storage cases] "SELECT" No [patient monitors] "LABVIEW" No [computer programs and instructional manuals sold as a unit] (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION TO DISMISS; (MR)=MOTION TO REOPEN