SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
February 2-7, 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 |
| 2-2 | EX | 74/321,118 | EBS Nominees Ltd. | Quinn* Hohein Walters |
2(d) | Refusal Affirmed (as to both cited registra-tions) | "EBS" [computer hardware, computer programs, etc., exclusively for electronic foreign exchange brokering and market trading; financial services, namely, brokerage services exclusively in the field of foreign currency exchange] | "EBS" [banking services] and "EBS" [electronic banking and interchange network services for financial institutions] | Judge | No | |
| 2-2 | EX | 74/287,593 | Benj. Shir, Inc. | Rice* Simms Hanak |
2(d) | Refusal Reversed | "RETREADS ECOLOGY FOOTGEAR" [shoes] | "I [+ heart design] ECOLOGY" [athletic footwear] |
R. Clark | No | |
| 2-2 | OPP OPP |
77,875 77,892 |
Idea Courier Inc. and I.D.E. Corp. v. U. S. Robotics, Inc. | Rice Cissel* Quinn |
2(d); affirmative defenses (including laches, acquiescence, and estoppel) | Oppositions Sustained | "COURIER" (both trademark and trade name use) [video display terminals] | "COURIER" [modems]; "COURIER HST" [modems] | No | ||
| 2-2 | EX (R) |
74/411,900 | Hoechst AG | Rice Cissel* Quinn |
2(e)(4) | Request for Reconsid-eration Denied [Refusal Affirmed] | "HOECHST" [plastic fibers, film, and sheet and microporous film and hollow fibers, for general industrial use; synthetic fibers and filaments, such as acetate staple; acetate yarn] | Fickes | No | ||
| 2-2 | EX | 74/404,336 | Edward Shaw | Hanak* Hohein Hairston |
2(d) | Refusal Affirmed | "DINOSAUR HUNTERS" [board games] | "THE GREAT DINOSAUR HUNT" (and design) [board games] | Mason | No | |
| 2-2 | EX | 74/373,897 | Angus Brands, Inc. | Sams Simms* Walters |
2(a) [deceptive] | Refusal Affirmed | "ANGUS BRAND" (and design) [processed meats, namely, roast beef, corned beef, and pastrami] | Crowe | No |
(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (R)=Request for Reconsideration
(2) *=Opinion Writer; (D)=Dissenting Panel Member
SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
February 2-7, 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 |
| 2-4 | CANC | 22,244 | R.M.S. Ltd. N.Y.C., Inc. v. Titanic Ventures and RMS Titanic, Inc. | Rice Seeherman* Walters |
abandonment [note: case decided on issue of lack of proof of standing] |
Petition to Cancel Denied | "WHITE STAR" (and design) [hats, caps, and tee shirts] | No | |||
| 2-4 | OPP | 95,721 | Steven Alan Lippert dba Jinx Clothing Co. v. Bernard Thomas Dlugokeski | Rice Cissel* Seeherman |
2(d) | Opposition Sustained | "JINX" and "JINX CLOTHING CO." [clothing ( including t-shirts)] | "JINX LTD." (and design) [clothing, namely, pre-assembled bandanna style headwear, jeans, t-shirts, and sweatshirts] | No | ||
| 2-5 | EX (R) |
74/530,482 | Outdoor Entertain-ment, Inc. | Rice Simms Walters* |
Section 6 disclaimer requirement (of term "OUTDOOR ENTERTAINMENT") | Request for Reconsid-eration Denied [Refusal Affirmed] | "OUTDOOR ENTERTAINMENT" (and design) [entertainment services, namely, television programming] | Micheli | No |
(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (R)=Request for Reconsideration
(2) *=Opinion Writer; (D)=Dissenting Panel Member

Last Modified: 8/11/98