Summary of Final Decisions Issued by the Trademark Trial and Appeal Board July 31-August 4, 1995 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 8-1 EX 73/777,543 In-N-Out Burgers EX 73/777,551 8-1 EX 74/278,828 Novell, Inc. 8-1 EX 74/353,881 Arcto, Inc. 8-1 OPP 86,081 Traveling Software, Inc. v. James Cass Hendee 8-2 EX 74/009,506 Bob's Inc. 8-3 OPP 76,388 Huffy Corp. and Derby Cycle Corp. v. Geoffrey, Inc. 8-3 EX 74/356,789 Great American Insurance Co. 8-3 EX 74/161,189 Coulston Int'l. Corp. 8-3 EX 74/379,701 Dragon Systems, Inc. 8-3 EX 74/102,337 Lighting Manage- ment, Inc. 8-4 EX 74/369,461 Jeffrey H. Gitomer 8-4 OPP 88,704 SF Hotel Co., L. P. v. Embassy Suites, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "4 X 4" and "FOUR [consent Reversed BY FOUR" agreement] [in both [both marks for cases] made-to-order cheeseburgers having four cooked beef hamburger patties and four cheese slices] 2(e)(1) Refusal "PALMDOS" Affirmed [operating system software for use with computers; computer manuals for use with operating system software or instructional manuals for use with computer operating software] 2(d) Refusal "TIGERSHARK" Affirmed [clothing, namely, caps, gloves, jackets, swim trunks, sweat pants, golf shirts, swimsuits, and shoes] 2(d) Opposition "TRAVELING SOFTWARE" "TRAVELSOFT" Sustained [computer programs [computer software and prerecorded audio for use by travel tapes] agencies] 2(d) Refusal "SPRUZZO" Reversed (in stylized lettering) [clothing and footwear, namely, socks, pants, shirts, sweaters, shoes and boots] 2(d) Opposition "RALLY" "RALLYE" [priority] Dismissed [bicycles] [bicycles] 2(d) Refusal "PRISMS" Reversed [newsletters for distribution to jewelers regarding the security, protection and insurance of jewelry] whether the Refusal a green border matter Affirmed design used on a asserted for label for registration applicant's goods functions as [insecticides, a mark or is, insect and rather, mere arthropod non-distinc- repellents for tive ornament- application to ation fabric] 2(e)(1) Refusal "VOICETOOL" Affirmed [computer software for use in speech recognition applications] whether the Refusal "LIGHTING matter Affirmed MANAGEMENT, INC." presented for [consulting and registration design services is capable of in the field of registration lighting systems, on the namely, analyzing Supplemental lighting systems Register for existing or [genericness] proposed business establishments] 2(d) Refusal "SALESMASTERS" Reversed [educational services, namely, conducting periodic meetings between sales- persons for the purposes of improving selling skills and tech- niques and otherwise exchanging professional information and ideas] 2(d);2(e)(1) Opposition "THINK TWICE" "THINK TWICE" Dismissed [hotel services] [hotel services] Mark and Goods of Registration Recommended Cited by for Examining Atty. Publication "FOUR BY FOUR" No [sandwiches for consumption on or off the premises] No "TIGER SHARK" No [men's clothing, namely, pants, slacks, coats, and suits] No "SPLASH" No [women's sweaters, blouses, pants, shirts, warm-up suits, shorts, tops and jeans] No PRISMS" No (and prism design) [pre-recorded audio cassettes for use in the insurance field; printed training manuals; providing training with respect to the sale of insurance]; "PRISMS FOR AGENTS" [conducting training seminars in the field of insurance selling or marketing; printed and audio visual materials of educational training programs relating to the sale of insurance] No No No "SALESMASTERS" No [educational services, namely, a training program for the building industry] No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE; (R)=REQ. FOR RECONSIDERATION Summary of Final Decisions Issued by the Trademark Trial and Appeal Board August 7-11, 1995 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 8-7 OPP 89,707 Hasbro, Inc. v. OPP 89,708 Catco Inc. 8-7 OPP 90,447 Kimberton Enterprises, Inc. v. Henry Co. 8-7 OPP 87,984 C-Tec, Inc. v. Tate Access Floors, Inc. 8-8 CANC 19,982 Rocol Ltd. v. Fox Valley Systems, Inc. 8-10 EX 74/361,993 Americh Corp. 8-10 EX 74/342,028 Defender Steel Door Co., Inc. 8-10 EX 74/319,601 Unverferth Mfg. Co., Inc. 8-10 EX 74/158,872 L. Perrigo Co. 8-10 OPP 85,931 Festin Foods Corp. v. Premium Coffee Distributors, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Oppositions "GI JOE" "GI JANE" and "GI Sustained [dolls, etc.] JANE DEFENDER OF FREEDOM" [dolls] 2(d) Opposition "ELASTO-SEAL" "ELASTOTAPE" Dismissed [adhesives, namely, [fabric multi-purpose repair reinforcement tape] tape, namely, fiberglass for patching and sealing roofs] 2(d) Opposition "TEC-CRETE" et. al., "TATECRETE" Dismissed [access floor panels, [access floor including access floor panels panels that have made of reinforced concrete and concrete] particulate cores] 2(d) Petition to "EASYLINE" "EASYLITE" Cancel Granted [paint contained in [paint, namely, aerosol spray cans; aerosol spray hand operated line coating marking apparatus containing using aerosol reflective spray paint cans] beads for general purposes] 2(e)(4) Refusal "BARRINGTON" Reversed [whirlpool baths and plumbing systems for such baths] 2(d) Refusal "DEFENDER" Affirmed [steel doors and steel security storm doors] 2(d) Refusal "RAWSON" Affirmed [tillage implements for soil cultivation, namely, carts, coulters, subsoilers, row cleaners and sealers] 2(e)(1); Refusal "THE BETTER whether the Affirmed NAME BRAND" matter [on 2(e)(1) [personal asserted for ground antiperspirants registration only] and deodorants, has been hair used in shampoo and commerce as conditioner, hair a trademark spray, skin care lotions, sunscreen and tanning lotion, baby oil, dentifrices, mouthwashes, denture creams, suppositories, analgesics, antacids, cough medications, dietary drinks for weight control, food supplements, etc.] 2(d) Opposition "DONA MARIA" "CAFE DONA Sustained [Mexican-style foods, MARIA" namely, nopalitos, [coffee] mole and refried beans] Mark and Goods of Registration Recommended Cited by for Examining Atty. Publication No No No No No "DEFENDER" No [storm windows of plastic materials for interior use] "RAWSON" No [metal backhoe and loader buckets for earth moving construction equipment] No No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE; (R)=REQ. FOR RECONSIDERATION