Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
August 5-9, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
8-5 OPP 92,908 Chicago White Sox,
Ltd. v. Jim Doss
8-5 EX 74/559,938 Ciba-Geigy Corp.
8-6 EX 74/478,028 Board of Trustees
of West Virginia
University
8-7 EX 74/441,602 Hudson News Co.
EX 74/441,603
8-8 EX 74/449,478 Farmland Dairies
8-8 EX 74/439,173 Cafe Lalo, Inc.
8-8 EX 74/405,881 Arthur D. Little
Enterprises, Inc.
8-8 EX 74/461,081 Lou Misterly Food
EX 74/461,284 Sales, Inc.
EX 74/461,285
EX 74/461,286
EX 74/461,287
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Opposition "WHITE SOX," "BLACK SOX"
Dismissed "SOX", and [men's, women's,
"CHICAGO WHITE and children's
SOX" sporting apparel,
[clothing, etc.] namely, caps,
shirts, t-shirts,
sweatshirts,
shorts, pants,
sweatpants and
sweatbands]
2(d) Refusal "SENTINEL"
Affirmed [combination oral
flea and worm
preparation for
dogs and cats sold
through
veterinarians]
2(e)(1) Refusal "MDTV"
Reversed [medical
educational
services provided
to doctors,
nurses, and other
professionals in
the medical
profession
through
closed-circuit
television
communications]
de jure Refusal Affirmed the color blue,
functionality; (in both cases) utilized as a
inherent [but only on motif in
distinctiveness ground that association with
matter asserted the store name
is not and other trade
inherently dress elements,
distinctive of such as carpeting,
services recited in neon lighting,
application] display panels,
shelving, and
employee uniforms
[retail store
services
featuring
newspapers,
magazines, books,
snack foods,
clothing, film,
and other
sundries]
2(d) Refusal "FARMLAND DAIRIES"
Affirmed (plus other
wording and
design)
[half and half]
2(d) Refusal "CAFE LALO"
Affirmed (plus other
wording and
design)
[restaurant and
cafe services]
2(e)(1) Refusal "COMMERCIAL-FREE"
Affirmed [devices for
analyzing video
signals and for
controlling the
operation of video
cassette
recorders;
electronic control
units to eliminate
unwanted program
material during
video tape replay]
2(d) Refusal "SUS MARIETAS"
Affirmed (and design)
(in all cases) [creme filled
sandwich cookies]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
No
"SCENTINEL ODOR No
CONTROL"
(and design)
[pet deodorizing powder
for domestic and
veterinary use]
No
Yes
"FARMLAND" No
(and design)
[fresh, scanned, frozen,
cured and smoked meat
products, etc.];
"FARMLAND EXTRA
TENDER"
[pork products];
"FARMLAND"
(and design)
[meat products]
"LALO'S" No
[restaurant services]
No
"MARIETTA" No
[flour confectionery,
sugar confectionery, and
chocolate confectionery]
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION