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SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
June 2-6, 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 |
| 6-3 | EX EX |
74/494,266 | Micom Communi-cations Corp. | Cissel Seeherman Walters* |
2(d) | Refusal Affirmed (in both cases) | "MICROBAND" and "MICROBAND ATM" [both marks for apparatus for wide area network telecommunications systems using cell relay and frame relay technologies to manage a combination of voice, synchronous and asynchronous data and local area network (LAN) data from different multiplexers in a network to maintain a high efficiency in the network over a wide range of variable line rates] | "MICROBAND" (and design) [telecommunication services] | Zak | No | |
| 6-3 | EX | 74/589,336 | Fusion Lighting, Inc. | Seeherman* Hohein Hairston |
2(e)(1) | Refusal Affirmed | "S LAMP" [electric light bulbs and lamps] | First | No | ||
| 6-3 | EX | 74/534,896 | Bacardi & Co. Ltd. | Sams Quinn Walters* |
2(e)(3) | Refusal Affirmed | "HAVANA STYLE" [rum] | Reihner | No | ||
| 6-3 | EX | 74/294,182 | Indian Nation Leather Co. | Simms Hanak* Hohein |
2(a) [false suggestion of a connection]; whether use in commerce is unlawful [under Fed. Indian Arts and Crafts Act] | Refusal Reversed | "INDIAN NATION LEATHER CO." (and design) [wholesale distributorship and mail-order services for equestrian equipment] | Leifman | 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
June 2-6, 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 |
| 6-5 | OPP | 91,299 | Tanning Research Laboratories, Inc. v. Black Prince Distillery, Inc. | Cissel Hanak Walters* |
2(d) | Opposition Dismissed | "HAWAIIAN TROPIC" (with or without various designs) [sunscreens, tanning oils and lotions, hair care products, swimwear, visors and caps, shorts, sunglasses, etc.] | "HAWAIIAN TROPICAL" [vodka] | No | ||
| 6-6 | OPP | 84,899 | Pacific Sea Foods Co. v. Emerald Seafoods, Inc. | Hanak* Quinn Walters |
2(d) | Opposition Sustained | "EMERALD BRAND" [seafood] | "EMERALD SEAFOODS INCORPORATED" (and design) [seafood] | No | ||
| 6-6 | EX | 74/555,094 | Courtaulds Performance Films, Inc. | Rice Cissel* Walters |
2(d) | Refusal Reversed | "VISTA" (and design) [tinted, laminated or reflective plastic films marketed and sold through professional designers for retrofit on the interior surfaces of windows of buildings by professional installers] | "VISTA" (and design) [metal and non-metal custom windows] | Weigell | No | |
| 6-6 | EX | 74/634,610 | MediaShare Corp. | Sams Simms Hohein* |
whether the specimens of use submitted with the application show use of applicant’s mark "in commerce" | Refusal Affirmed | "PB.WEB" [computer software for publishing information on a computer network and instruction manuals therefor, sold together as a unit] | Doninger | Yes |
(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
June 2-6, 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 |
| 6-6 | EX | 74/382,736 | Boyer Candy Co., Inc. | Cissel Quinn Hairston* |
2(d) | Refusal Affirmed | "BONBONNIERE" [filled chocolate candies] | "LA BONBONNIERE BAKE SHOPPE" [retail bake shop and wholesale baking services] | Michos | 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: 8/13/98