Summary of Final Decisions
Issued by the
Trademark Trial and Appeal Board
December 23-27, 1996
Type Proceeding
Date of or Party/
Issued Case (1) App'n No. Parties
12-24 EX 74/517,451 Creative Enter-
prises, Inc.
12-24 EX 74/101,177 EBSCO Industries,
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "OUTER BOUNDS"
Affirmed (and design)
[t-shirts, hats,
jackets and
sweatshirts]
whether the Refusal configuration of a
configuration Affirmed fishing lure
of applicant's (on both [fishing lures]
goods, which grounds)
configuration
applicant
claims as its
trademark, is
dejure
functional
and, if not,
whether the
configuration
is inherently
distinctive
Mark and
Goods of Registration Recommended
Cited by for
Examining Atty. Publication
"OUTERBOUND BY No
H.M.S."
[outerwear, namely,
sweaters, stadium coats,
sweater-jackets and
jackets]
Yes
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION