Summary of Final Decisions Issued by the Trademark Trial and Appeal Board January 10-14, 2000 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 1-10 OPP 98,607 Chock Full O'Nuts Corp. v. Calgene, Inc. 1-13 OPP 93,163 Health Net v. (SJ) Mid-America Health Network, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Petition "FLAV-R-SAVR" "FLAVR SAVR" counterclaim to Cancel [coffee] [fresh fruits and for cancella- Granted; vegetables; seeds] tion on Conter-claim grounds of for non-use of Cancellation trademark as Denied registered, non-use of trademark on goods recited in the regis- tration, and abandonment through assignment without good will counterclaim Counter-claim "HEALTH NET" "HEALTHNET" for cancella- for cancella- [health [Health care tion on tion denied maintenance rate negotiation grounds of [Opposer's organization services, etc.] fraud in the motion for services] procurement summary judg- of opposer's ment granted] registration [Note: Opposition was earlier sustained on opposer's motion for summary judgment] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION TO DISMISS; (MR)=MOTION TO REOPEN