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

December 8-12, 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
12-8	EX	74/543,221	T/J Knit Enterprises, Inc.	Hanak* Hairston Walters	whether the matter presented is capable of registration on the Supp. Reg. [genericness]	Refusal Reversed		"COTTON WEAR" [sweaters, knit tops and hosiery made of cotton in whole or substantial part]		Look	No
12-8	OPP	97,601	Elvis Presley Enterprises, Inc. v. Paul M. Driscoll	Seeherman Hanak Walters*	2(d)	Opposition Sustained	"ELVIS" [prerecorded audio magnetic tapes and phonograph albums; posters and record album jackets; metal key rings with attached tags; plastic, stainless steel and/or sterling silver collector’s spoons]; "ELVIS PRESLEY" [dolls, guitars, photo albums, post cards, note pads, etc.; beverageware, jewelry, posters, magnetic tapes and phonograph records, clocks and watches] and two other marks	"VELVIS" [entertainment in the nature of magic and comedy shows]			No
12-9	EX	74/543,923	SunDisk Corp.	Cissel Seeherman Hanak*	2(e)(1)	Refusal Reversed		"COMPACTFLASH" [solid state memory cartridge sold blank or carrying data compression software]		Frazier	No
12-10	EX	74/469,383	Louise A. Rollins	Cissel Hanak* Walters	2(d)	Refusal Affirmed		"CASTMASTER" [threaded metal pins and plugs used in the repair of cracks in metal castings]	"CAST MASTERS" (in stylized lettering) [precision metal castings]	Baxley	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

December 8-12, 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
12-10	OPP (SJ)	88,432	Trimedyne, Inc. v. Myriadlase, Inc.	Cissel Hohein Walters [opinion "By the Board"]	2(d) [priority]	Opposition Dismissed [applicant’s cross-motion for summary judgment granted]	"SIDEFIRE" [fiber optic surgical laser probes for use in medical procedures]	"SIDEFIRE" [surgical laser delivery system consisting essentially of optical fibers, connectors, operating tips, and parts and fittings therefor, sold as a unit for use with medical lasers]			Yes
12-10	OPP (SJ)	95,500	Univisa, Inc. v. Bonnie C. Bellin	Cissel Hohein Hairston [opinion "By the Board"]	2(d)	Opposition Sustained [opposer’s motion for summary judgment granted]	"ECO" [television news broadcasting services]	"ECO CHANNEL" (and design) [entertainment services in the nature of on-going television and computer programs in the field of centralized information on environment, health and cultural issues]			No
12-10	EX	74/636,465	Ecogroup, Inc.	Cissel Hanak* Walters	2(d)	Refusal Affirmed		"BUSINESS EDGE" [publications, namely, customized reports which educate consumers regarding their energy usage fluctuations; business services, namely, the accumulation of relevant data and the preparation of a report based thereon to educate consumers regarding their energy usage fluctuations]	"BUSINESSEDGE, INC." [business consulting services]	Schulman	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

December 8-12, 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
12-11	EX	74/528,803	Kohl’s Department Stores, Inc.	Cissel Hohein Walters*	2(d)	Refusal Affirmed		"M SPORT" [athletic footwear and casual socks for men, women, and children]	"M.M. SPORT" [clothing, namely, men’s, women’s, and children’s tops, bottoms, jackets, dresses, shirts, sweatshirts, sweatpants, and vests]	Turner	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