Summary of Final Decisions Issued by the Trademark Trial and Appeal Board October 28-November 1, 1996 Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 10-29 OPP 87,081 Sharkskins Surf OPP 87,082 Gear, Inc. v. San Jose Sharks 10-30 EX 74/107,141 Orange EX 74/330,369 Communications, EX 74/390,769 Inc. EX 74/391,199 10-30 EX 74/509,007 Dyncraft Industries Inc. 11-1 EX 74/405,927 Crawford Fitting Co. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d); counter- Oppositions "SHARKSKINS" design incorpor- claim for can- Dismissed; (and a design ating a fanciful cellation on Counterclaim incorporating a representation grounds of (1) for shark's head) of a shark no bona fide Cancellation [surf clothing, [clothing--namely, use in com- Granted namely, t-shirts, shirts, jerseys, merce and (2) jackets, pants, sweaters, sweat- fraud warm-up suits, shirts, t-shirts, wetsuits,shoes jackets, pants, and shorts] sweatpants, warm-up suits, shorts, caps, hats, socks, nightshirts, scarves, mittens and cloth bibs; enter-tainment services-- namely, providing professional ice hockey exhibitions] de jure Refusal the color orange functionality Affirmed and the color yel- (of color) (in all four low applied across cases) the surface of ap- plicant's goods [pay telephones and pay telephone booths] 2(d) Refusal "POWER CLIMBER" Affirmed [bicycles] 2(e)(1) Refusal "TOOBENDER" Affirmed [tube bending machines] Mark and Goods of Registration Recommended Cited by for Examining Atty. Publication No Yes "CLIMBER" No [bicycle structural parts] No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION