Summary of Final Decisions Issued by the Trademark Trial and Appeal Board February 12-16, 1996 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 2-13 EX 74/443,190 Gotham Apparel Corp. 2-13 EX 74/395,722 Helux Trading Co., Ltd. 2-13 EX 74/474,905 Magic Hat Brewing Co. & Performing Arts Center, Inc. 2-13 EX 74/318,680 S. Freedmann & Sons, Inc. 2-13 EX 74/344,966 Pillowtex Corp. 2-13 OPP 81,275 David F. Roth v. OPP 81,944 Larry Levine 2-14 EX 74/225,800 Kingston Technology Corp. 2-14 EX 74/228,614 Henry Co. 2-14 EX 74/413,168 Kelser Ltd. EX 74/413,168 2-14 EX 74/342,497 Six Flags Theme Parks, Inc. 2-14 EX 74/358,995 Ralph Garcia 2-15 CANC 17,554 Virginia L. CANC 18,038 Stocker and William L. Perry v. General Conference Corp. of Seventh-Day Adventists Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "COTTONMANIA" Reversed (and design) [clothing composed in either whole or substantial part of cotton, namely, sweaters, T-shirts, sweatshirts, jackets, vests and pants for men, women and children] 2(d) Refusal "SONIC" Affirmed [watches and parts and fittings therefor] Section 6 Refusal "MAGIC HAT" disclaimer Reversed [condoms] requirement [of word "HAT"] 2(d); Refusal "PARTY MART" Section 6 Reversed (and design) disclaimer (on both [retail store requirement grounds) services (of word in the field "MART") of paper and plastic party supplies] 2(d) Refusal "GOODNIGHT PILLOW" Affirmed [pillows] 2(d); Opposition "FUZZBALL" "FUZZ-BALLS" counter- Dismissed [dolls and clothing [iron-on heat claim on (because of items, including transfers]; grounds of opposer's t-shirts with decals] "FUZZBALLS" abandonment failure [greeting and note to prove cards, posters, proprietary dress sets rights consisting of in its dresses and pleaded bottoms or mark); pantaloons] Counterclaim for Cancellation Granted 2(d) Refusal "DATA KEEPER" Affirmed [digital audio (but only as tape drives for to cited use with registration a personal of mark computer or work "DATAKEEPER") station] whether Refusal "#1 CHOICE OF applicant's Reversed PROFESSIONALS" mark has [roof cements and become coatings, etc.] distinctive under Section 2(d); whether the matter asserted for registration is used as--and functions as--a trademark for the goods identified in the application 2(d) Refusal "RE-MARKABLE VIDEO Affirmed TAPE MARKING (in both SYSTEM" and cases) "REMARKABLE" [both marks for a marking system comprising a self- contained opaque sketching or writing screen and pen used in connection therewith for use in labeling video tapes] 2(d) Refusal "THE WORLD OF Affirmed FUN NOT A WORLD AWAY" [entertainment services, namely, theme park services] 2(a) Refusal "FRIG EWE" [immoral or Affirmed (and design) scandalous [envelopes, matter] stationery, bumper stickers, greeting cards, audio and video tapes, books, t-shirts, hats, board games, computer game programs, inflatable float mattresses, stuffed animals, etc.] genericness; Petition "SEVENTH-DAY fraud to Cancel ADVENTISTS" Denied [religious books, (in both magazines, cases) pamphlets, newsletters, brochures, encyclopedias, dictionaries, commentaries, fliers, bulletins, yearbooks, booklets and bibles; administration of employee health care and benefit programs and medical insurance programs; educational instruction services in academics at grade school, high school and college level; film production and distribution services; health care services, namely, hospital, dental, pharmaceutical, nursing home, and medical laboratory services; conducting religious observances and missionary services] Mark and Goods of Registration Recommended Cited by for Examining Atty. Publication "MANIA" No [socks and hosiery] "CHRONO SONIC" No [electronic watches] No "THE PARTY No SUPERMARKET" (in stylized lettering) [retail store and distributorship services in the field of party supplies, party favors and novelty items] "GOOD NIGHT" No [mattresses and box springs] No "DATAKEEPER" No [data terminals for entry, validation, storage and display of data and communication of data to a central computer system]; "DATAKEEPER CENTRAL" [computer software for collecting information from data-collecting hardware and adapting the same in format useful for billings, order entries, time and attendance functions, labor costing, job costing and factory data collection] No "RE-MARKABLES" No (in stylized lettering) [multiple function card that can be written on and erased] "WORLD OF FUN" No (and design) [amusement park services] No Yes (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE; (R)=REQ. FOR RECONSIDERATION