Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
March 18-22, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
3-18 OPP 88,878 Steelcase Inc. v.
LUI Corp.
3-18 EX 74/081,463 Martin's Famous
Pastry Shoppe,
Inc.
3-18 OPP 91,600 White Castle
System,
Inc. v. Lemburg
Enterprises, Inc.
3-18 EX 74/288,195 Pope & Talbot WIS,
EX 74/289,402 Inc.
EX 74/289,650
3-18 CANC 19,055 Park Avenue
Furniture
Corp. v. A.B.F.
Limited
3-19 CANC 21,601 Videomedia Inc. v.
Penril Corp.
3-22 EX 74/361,481 Howard S. Leight
and Associates,
Inc.
3-22 OPP 88,200 American Lung
Ass'n. et al. v.
Central Ohio
Lung Ass'n.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d); fraud Opposition "CONTEXT" "CONTACT"
[misuse of Dismissed [modular furniture] [office furniture]
the federal
registration
symbol]
2(e)(1) Refusal "POTATO ROLLS"
[genericness]; Affirmed [baked goods,
whether, namely,
if not dinner, sandwich,
generic, hamburger and hot
matter dog rolls]
asserted for
registration
has become
distinctive
[Sec. 2(f)]
2(d) Opposition "WHITE CASTLE," et "BEER CASTLE"
Dismissed al. [restaurant [distributorship
services; and retail store
food and beverage services in the
items, and collateral field of beer,
clothing items] soda, cigarettes,
candy and
paper goods]
2(e)(1) Refusals "TRAINERS"
[genericness Affirmed "TRAINERS FOR
and mere [on descrip- BOYS"
descrip- tiveness "TRAINERS FOR
tiveness]; and Sec. 2(f) GIRLS"
whether the grounds, [all three marks
three terms but not applied to
sought to on ground of disposable
be registered genericness] diapers and
have become disposable
distinctive training pants]
[Sec. 2(f)]
abandonment; Petition to "SILENT NIGHT" "SILENTNIGHT"
fraud Cancel Denied [mattresses and [mattresses]
bedsprings]
2(d) Petition to "V-LAN" VLAN
Cancel [electronic components [computer network
Granted for interconnecting and communications
video equipment in equipment, namely,
network configuration] terminal servers,
modem, data
switches
and data
multiplexers
and operating
software therefor]
de jure Refusal the color coral
functionality Affirmed (orange) applied
of color of (on both over the entire
applicant's grounds) surface of
goods; the goods
distinctive- [earplugs]
ness of
that color
under Sec.
2(f)
2(d); 2(a) Opposition "AMERICAN LUNG "CENTRAL OHIO
[false Sustained ASSOCIATION" LUNG ASSOCIATION"
suggestion (on all [promoting the [providing
of a grounds) detection instruction
connection]; and prevention in the field
estoppel of lung and of diseases
by contract respiratory diseases] of the lung
and lung
health; research
services and
patient counseling
services in
diseases of the
lung and health]
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
No
No
No
No
No
No
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; C=CANCELLATION; CU=CONCURRENT USE;
(R)=REQ. FOR RECONSIDERATION