United States Patent and Trademark Office OG Notices: 26 June 2007

  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

                            May 21-25, 2007



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

5-21            OPP             91122964                Fort James
                                                        Operating
                                                        Company v.
                                                        Royal Paper
                                                        Converting,
                                                        Inc.

5-21            EX              78446099                Trinidad
                                                        Benham Corp.

5-21            OPP             91162560                Duke University
                                                        v. Duke Publishing
                                                        and Software
                                                        Corporation, Inc.

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

2(d)            Opposition      2 design marks          design mark
                Sustained       [both marks for:        [paper towels,
                                paper towels]           paper face
                                                        tissues, paper
                                                        napkins, and
                                                        toilet paper]

2(d)            Refusal                                 "SOLFRESCO"
                Reversed                                [dry beans, peas
                                                        and lentils]

2(d)            Opposition      shield design           shield design
                Sustained       incorporating the       incorporating the
                in both         stylized letters        stylized letter
                classes         "D" and "U," plus       "D" and images of
                                other matter            a castle and a
                                [a wide variety         lion
                                of printed              [in Class 16:
                                matter and              printed matter
                                stationery items        of various types
                                in Class 16];           relating to
                                stylized letter         the subject of
                                "D"                     parenting,
                                [key chains made        parental skills,
                                primarily of            parental
                                metal, tables,          experiences, child
                                scarves, hats,          care information
                                socks, shirts,          and guidance,
                                sweaters and            and families-and
                                pants];                 not relating to
                                design of a             sports or a
                                building                sports team;
                                [note cards, note       in Class 35:
                                pads, stationery        online retail
                                and bookmarks];         store services
                                "DUKE UNIVERSITY        featuring goods
                                STORES"                 and services of
                                [retail store           general interest
                                services and mail       to parents and
                                order services in       not relating to
                                the fields of,          sports or a
                                inter alia, school      sports team;
                                and office              and a variety of
                                supplies, books,        other services
                                stationery, items       relating to
                                bearing Duke            parenting, child
                                University              care, etc.,
                                trademarks, etc.]       but not relating
                                                        to sports or
                                                        a sports team]

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

                                                Yes

"SUNFRESH"                                      No
[chilled or
processed foods
sold in sealed
containers,
namely, fruit
mixtures as
slices, sections,
chunks or tidbits]

                                                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