United States Patent and Trademark Office OG Notices: 26 February 2002

Date            Type of         Proceeding
Issued          Case (1)        or App'n No.            Party/Parties

1-17            OPP             106,710                 Gus Sclafani Corp.
                CAN             25,837                  v. Violet Packing
                CAN             27,434                  Co.

1-17            EX              75/596,667              Toymax Inc.


                                Opposer's/              Applicant's/
                                Petitioner's            Respondent's
                TTAB            Mark and                Mark and
Issue           Decision        Goods/Services          Goods/Services

2(d);           Opposition      "SCLAFANI"              "SCLAFANI"
affirmative     Dismissed;      [a variety of food      [cheeses, diced
defenses of     Petitions to    items, including        tomatoes, olive
laches,         Cancel          cheeses, canned         oil, blended oils
acquiescence    Denied          tomatoes, olive oil,    for cooking, tomato
and estoppel                    tomato paste, canned    filet, tomato
                                vegetables, pasta,      paste, tomato
                                tomato sauce and        puree, whole peeled
                                vinegar]                tomatoes, tuna
                                                        fish, and processed
                                                        fruit, olives,
                                                        mushrooms, and
                                                        artichokes; pasta,
                                                        tomato sauce and
                                                        vinegar];
                                                        "SCLAFANI"
                                                        [processed
                                                        vegetables; pizza
                                                        sauce and spaghetti
                                                        sauce];
                                                        "SCLAFANI"
                                                        [canned tomatoes]

2(d)            Refusal                                 "CANDY PLANET"
                Affirmed                                [house mark for a
                                                        full line of candy,
                                                        ice cream, and
                                                        frozen confections
                                                        sold separately and
                                                        as a unit with
                                                        toys]


Mark and                                        Citable as
Goods Cited by                                  Precedent
Examining Atty.                                 of TTAB

                                                No

"COOKIE PLANET"                                 No
[bakery products, namely,
cakes, cookies, pastries,
breads, brownies, blondies,
and muffins; confectioneries,
namely fudge]


(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