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

March 3-7, 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
3-3	EX EX	74/140,026 74/140,610	Small Luxury Hotels of the World Ltd.	Rice* Hohein Hairston	Sec. 6 disclaimer requirement of words "SMALL LUXURY HOTELS" [genericness; non-distinctiveness under Sec. 2(f)]	Refusal Reversed (in both cases)		"SMALL LUXURY HOTELS OF THE WORLD" and "SLH SMALL LUXURY HOTELS OF THE WORLD" (and design) [promoting, marketing and advertising the hotels and resorts of others; hotel and resort reservation services]		Krehely	No
3-3	OPP	90,744	CAE, Inc. v. Clean Air Engineering, Inc.	Rice Hanak* Hohein	2(d)	Opposition Dismissed	"CAE" and "CAE" (and design) [both marks for electronic apparatus and equipment--namely, simulators, visual display systems and motion systems for use with simulators; supervisory control and data logging equipment and systems; and magnetometers and magnetic anomaly detection equipment]; "CAE" (and design) [nuclear power station training simulators; air traffic control radar data processing and display equipment]	"CAE" [technical consultation, testing, research and engineering in the field of environmental processes]			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

March 3-7, 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
3-4	EX	74/540,030	Time, Inc.	Cissel* Hohein Hairston	whether, as evidenced by the specimens of use, the applicant is using the matter asserted for registration as a trademark for the goods recited in its application	Refusal Affirmed		"WHERE AMERICAN DREAMS STILL COME TRUE" [magazines in the field of finance, investments, and related subjects]		Levy	No
3-5	EX	74/450,430	R.G.S. Group, Ltd.	Simms Cissel* Walters	2(a) [immoral or scandalous matter]	Refusal Affirmed		"REALLY GOOD SHIT" [penetrating oil for automotive, marine, industrial, residential, and sporting use]		Carruthers	No
3-5	EX	74/480,996	Lucy Cousins	Cissel Seeherman Hohein*	whether the matter asserted for registration functions as a trademark for applicant’s goods or, rather, functions only as part of applicant’s book titles]	Refusal Reversed		"MAISY" [children’s story books]		Sanok	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

March 3-7, 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
3-6	CANC CANC	21,379 22,124	Stromgren Supports, Inc. v. Bike Athletic Co.	Simms Cissel Quinn*	genericness; 2(e)(1) [merely descriptive]; abandonment	Petitions to Cancel Granted [on grounds of genericness and abandon-ment as to mark "COM-PRESSION"; on grounds of mere descriptive-ness and lack of distinctiveness as to mark "COMPRES-SION PER-FORMANCE SHORT"]		"COMPRESSION" [hosiery]; "COMPRESSION PERFORMANCE SHORT" [elastic athletic garments and outer wear, namely, sports girdles]			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

March 3-7, 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

3-6

OPP

93,653

W. B. Johnson Properties, Inc. v. Ritz World, Inc.

Simms

Hohein

Hairston*

2(d)

Opposition Sustained (but not as to opposer’s "PUTTIN ON THE RITZ" and "THE RITZ CARL-TON ORCHES-TRA" marks)

registered marks: "RITZ-CARLTON," "RITZ," "THE RITZ-CARLTON CLUB," and "THE RITZ KIDS" [all for hotel services]; "PUTTIN ON THE RITZ" [watches, stationery items, clothing, food, wine, liquor, etc.]; "THE RITZ-CARLTON ORCHESTRA" [music cassettes and records]

and

prior use of "THE RITZ," "RITZ," and "RITZ-CARLTON" marks in conjunction with various transportation and rental car services for hotel guests

"RITZ RENT A CAR" (and design) [rental of vehicles]

3-7

74/326,627

Evelyn Virshup

Simms

Cissel*

Walters

de jure functionality; inherent distinctiveness

Refusal Affirmed

configuration of a jewelry storage device [jewelry storage devices]

Alt

Yes

3-7

OPP

94,062

Stephan Enterprises, Inc.

Sams

Rice

Hohein*

2(d)

Opposition Dismissed

"BOO-BUNNIE" [novelty ice packs for application to minor injuries]

"BOO BOO BUDDY" [cold packs that can provide either hot or cold temperatures]

(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