Summary of Final Decisions Issued by the Trademark Trial and Appeal Board April 28 - May 2, 1997 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 4-28 EX 74/453,230 John Michaels, (R) Inc. 4-28 EX 74/600,065 Synthetic Industries, Inc. 4-30 EX 74/399,457 Fleetguard, Inc. 4-30 EX 74/462,760 Celliers du Monde, Inc. 5-1 OPP 97,637 Aquion Partners (SJ) Ltd. Partnership v. Envirogard Products Ltd. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Request for "MICHAEL'S" Reconsider- [frozen custard] ation Denied [Refusal Affirmed] 2(e)(1) Refusal "EC-DESIGN" Reversed [computer software programs for the design of geosyn- thetics including geotextiles and erosion control materials] 2(e)(1); Refusal "SEPARATION whether Reversed TECHNOLOGIES" matter asser- [Board finds [elements for ted for reg- acquired dis- hydraulic istration tinctiveness machinery and has acquired under Sec. land vehicles] distinctive- 2(f)] ness under Sec. 2(f) 2(d) Refusal "CABALLERO DE Affirmed CHILE" [wine] 2(d); Cross-motions "RAINSOFT" "RAINFRESH" laches for Summary [water con- (and design) defense Judgment ditioning [water filters Denied equipment, and purifiers] including water fil- ters and water treatment equipment] Mark and Goods of Registration Recommended Cited by for Examining Atty. Publication "MICHAEL'S" No (and design) [restaurant services] No No "CABALLERO DE LA No CEPA" [wines] Yes (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION