SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD

September 15-19, 1997

Date Issued	Type of Case(1)	Proceeding or Appn. No.	Party or Parties	TTAB Panel(2)	Issue	TTAB Decision	Opposer's or Petitioner's Mark and Goods or Services	Applicant's or Respondent's Mark and Goods or Services	Mark and Goods Cited by Examining Attorney	Examining Attorney	Citable as Precedent of TTAB
9-16	EX	74/403,241	W. Wendell Smith	Simms Cissel* Walters	whether the specimens of record show trademark use of the matter applicant seeks to register	Refusal Affirmed		"BURLAP IS BIO-FRIENDLY" [unpopped popping corn]		Bullock	No
9-16	EX	74/564,654	STL Manage-ment, Inc.	Cissel Hanak Walters*	2(d)	Refusal Affirmed		"QUANTUM CONTINUUM" [health care and management of patients in rehabilitative care]	"QUANTUM HEALTH RESOURCES" [healthcare services]	Lykos	No
9-16	EX	74/659,192	Capital Bluecross	Sams Quinn* Hairston	whether the activity performed by applicant in connection with its mark is a "service" for purposes of registration of the mark	Refusal Reversed		"CHECK IT OUT" [arranging for automatic payments of health care subscribers’ monthly payment premiums by obtaining authorization to debit subscribers’ accounts at financial institutions and supervising such payment arrangements for subscribers]		Mermelstein	No
9-18	EX	74/628,209	Volk Optical, Inc.	Simms Hohein* Walters	2(e)(1)	Refusal Affirmed		"SMALL PUPIL" [ophthalmoscopy lens]		Leifman	No
9-18	EX	74/621,349	Intek Technolo-gies, Inc.	Sams Simms* Hanak	2(d)	Refusal Affirmed		"VIVID" [computer software and instructional manuals, sold together as a unit, for use as tools in designing client server applications]	"VIVID" [computer programs and instruction manuals, sold as a unit, used in the production and manipulation of graphic displays]	Dalier	No

(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (MD)=Motion to

Dismiss; (MR)=Motion to Reopen; (R)=Request for Reconsideration

(2) *=Opinion Writer; (D)=Dissenting Panel Member

SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD

September 15-19, 1997 (continued)

Date Issued	Type of Case(1)	Proceeding or Appn. No.	Party or Parties	TTAB Panel(2)	Issue	TTAB Decision	Opposer's or Petitioner's Mark and Goods or Services	Applicant's or Respondent's Mark and Goods or Services	Mark and Goods Cited by Examining Attorney	Examining Attorney	Citable as Precedent of TTAB
9-18	OPP	94,929	Minnesota Mining and Mfg. Co. v. Stephen M. Dole and Marianne V. Dole	Hohein Hairston* Walters	2(d); 2(e)(1)	Opposition Sustained [on 2(d) ground only]	"POST-IT" [adhesive paper products]	"POSTSTICKERS" [printing postcards with adhesive backing to the order and specification of others]			No
9-19	EX	74/642,390	Class Act Performing Artists & Speakers, Inc.	Simms Hohein Hairston*	2(d)	Refusal Affirmed		"CLASS ACT PERFORMING ARTISTS & SPEAKERS" (and design) [booking agency services for performing artists and speakers]	"CLASS ACT" (in stylized lettering) [entertainment services in the nature of acting performances]		No
9-19	EX	74/442,309	Opryland USA Inc.	Simms (D) Hanak* Hairston	2(d)	Refusal Reversed		"MUSIC CITY EVENTS" [catering; contract food and beverage services]	"MUSIC CITY ROADHOUSE" and "MUSIC CITY ROADHOUSE" (and design) [restaurant services]	Micheli	No

(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (MD)=Motion to

Dismiss; (MR)=Motion to Reopen; (R)=Request for Reconsideration

(2) *=Opinion Writer; (D)=Dissenting Panel Member

Last Modified: 10/13/98