Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
October 28-November 1, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
10-29 OPP 87,081 Sharkskins Surf
OPP 87,082 Gear, Inc. v.
San Jose Sharks
10-30 EX 74/107,141 Orange
EX 74/330,369 Communications,
EX 74/390,769 Inc.
EX 74/391,199
10-30 EX 74/509,007 Dyncraft
Industries Inc.
11-1 EX 74/405,927 Crawford Fitting
Co.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d); counter- Oppositions "SHARKSKINS" design incorpor-
claim for can- Dismissed; (and a design ating a fanciful
cellation on Counterclaim incorporating a representation
grounds of (1) for shark's head) of a shark
no bona fide Cancellation [surf clothing, [clothing--namely,
use in com- Granted namely, t-shirts, shirts, jerseys,
merce and (2) jackets, pants, sweaters, sweat-
fraud warm-up suits, shirts, t-shirts,
wetsuits,shoes jackets, pants,
and shorts] sweatpants, warm-up
suits, shorts,
caps, hats, socks,
nightshirts,
scarves, mittens
and cloth bibs;
enter-tainment
services--
namely, providing
professional ice
hockey exhibitions]
de jure Refusal the color orange
functionality Affirmed and the color yel-
(of color) (in all four low applied across
cases) the surface of ap-
plicant's goods
[pay telephones and
pay telephone
booths]
2(d) Refusal "POWER CLIMBER"
Affirmed [bicycles]
2(e)(1) Refusal "TOOBENDER"
Affirmed [tube bending
machines]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
No
Yes
"CLIMBER" No
[bicycle structural parts]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION