Summary of Final Decisions

                                 Issued by the

                       Trademark Trial and Appeal Board

                             February 24-28, 1997



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

2-25            EX              74/511,849              Strippit, Inc.

2-26            EX              74/498,247              Brian Santone

2-26            EX              74/101,177              EBSCO Industries,
                (R)                                     Inc.

2-26            EX              74/453,230              John Michaels, Inc.

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

2(e)(1)         Refusal                                 "SMART TOOL"
[deceptively    Reversed                                [tooling for punch
misdescrip-                                             presses]
tive]

whether         Refusal                                 "SANTONE LURES"
applicant is    Affirmed                                [manufacture of
using the                                               fishing lures to
mark sought                                             the order and/or
to be regis-                                            specification of
tered in con-                                           others]
nection with
the services
recited in
the applica-
tion

whether the     Request for                             configuration of a
configura-      Reconsider-                             fishing lure
tion of         ation Denied                            [fishing lures]
applicant's     [Refusal
goods, which    Affirmed
configuration   (on both
applicant       grounds)]
claims as its
trademark, is
de jure func-
tional and,
if not,
whether the
configuration
is inherently
distinctive

2(d)            Refusal                                 "MICHAEL'S"
                Affirmed                                [frozen custard]

Mark and
Goods of Registration                           Recommended
Cited by                                        for
Examining Atty.                                 Publication

                                                No

                                                No

                                                No

"MICHAEL'S"                                     No
(and design)
[restaurant
services]

(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION