Summary of Final Decisions Issued by the Trademark Trial and Appeal Board December 23-27, 1996 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 12-24 EX 74/517,451 Creative Enter- prises, Inc. 12-24 EX 74/101,177 EBSCO Industries, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "OUTER BOUNDS" Affirmed (and design) [t-shirts, hats, jackets and sweatshirts] whether the Refusal configuration of a configuration Affirmed fishing lure of applicant's (on both [fishing lures] goods, which grounds) configuration applicant claims as its trademark, is dejure functional and, if not, whether the configuration is inherently distinctive Mark and Goods of Registration Recommended Cited by for Examining Atty. Publication "OUTERBOUND BY No H.M.S." [outerwear, namely, sweaters, stadium coats, sweater-jackets and jackets] Yes (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION