Summary of Final Decisions Issued by the Trademark Trial and Appeal Board October 27-31, 1997 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 10-27 EX 74/641,262 Smith & Jones, Inc. 10-28 OPP 87,389 V. La Rosa & CANC 20,853 Sons, Inc. v. CANC 20,854 John Zidian CANC 21,092 Co., Inc. 10-29 EX 74/574,876 No Fear, Inc. EX 74/574,878 Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "BRATZ" Affirmed (and design) [infants' and children's clothing, namely, tops, bottoms, sleepwear, hats, coats, jackets and parkas, ex- cluding footwear] 2(d) Opposition "LA ROSA" "LA RUSSA" Sustained (and design) (and design) [but only as [spaghetti, la- [processed toma- to the sagna, macaroni, toes and tomato pleaded mark noodles and based sauces] "LA ROSA"] bread crumbs]; "RUSSO'S" (in stylized let- tering) [alimentary pastes] whether the Refusal "NO DOUBT" and matter as- Reversed "NO CLUE" serted for [both marks for registration wearing apparel, functions as namely, t-shirts, trademarks shirts, shorts, for appli- pants, sweat cant's goods shirts, sweat or functions pants, hats, merely as visors, shoes, product or- sandals, and namentation belts] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB "BRATS" No [footwear] No No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION