Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
October 19-23, 1998
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
10-20 OPP 95,471 Guiltless Gourmet,
Inc. v.
Sammie Miles
10-20 EX 74/671,277 Jeff L. Kaplan
10-20 EX 74/670,815 Southern Belle
Frozen Foods,
Inc.
10-21 EX 74/541,822 James E. Winner,
Jr.
10-22 EX 74/505,190 Central Sprinkler
Co.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Opposition "GUILTLESS "GUILT FREE
Sustained GOURMET" GOURMET"
[tortilla chips [educational
and spicy tomato- services, namely,
based salsa dip; conducting cooking
dairy-based dips classes and dis-
and bean-based tributing course
dips]; "GUILTLESS materials in the
GOURMET'S HEALTHY form of books and
SNACKING videos on the sub-
NEWSLETTER" ject of low fat
[periodical news- recipes]
letter in the
fields of health
and diet]
2(d); 2(e)(1) Refusal "BALLISTIC NYLON"
Affirmed [tote bags, gar-
(on both ment bags for
grounds) travel and
luggage]
2(d) Refusal "SEAFOOD ROYALE"
Affirmed [frozen seafood,
namely, uncooked
crab based seafood
blend in a natural
crab shell to be
served after
cooking by the
purchaser as an
appetizer or
served as an
entree, excluding
any packaged
cooked meals]
2(d) Refusal "THE WIZARD"
Affirmed [anti-theft
devices for motor
vehicles, namely,
electronic
ignition locks]
genericness Refusal "ATTIC"
Affirmed [automatic
sprinklers for
fire protection]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
"BALLISTIC LITE" No
[luggage]
"SHRIMP ROYALE" Yes
[packaged cooked meal
consisting of fried
shrimp, potatoes, sauce
and a muffin or roll]
"THE WIZ" No
[intrusion detectors for
use in alarm systems]
Yes
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION