Summary of Final Decisions Issued by the Trademark Trial and Appeal Board April 27 - May 1, 1998 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 4-27 OPP 82,098 Penguin Books CANC 19,780 Ltd. v. Rainer Eberhard dba Penguin Computer Consultants 4-29 CANC 19,291 Metro Traffic (On Control, Inc. v. Remand Shadow Network, from Fed. Inc. and Cir.) CitiTraffic Corp. 4-29 EX 74/580,166 Tempo G 4-29 EX 74/695,068 Burlington Coat Factory Warehouse Corp. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d); whether Opposition PENGUIN penguin design the goods in Sustained; (and design) [computer programs one of op- Petition for [books]; PENGUIN and instruction poser's Partial Can- [pre-recorded com- manuals therefor pleaded reg- cellation puter programs] sold together as a istrations (i.e., Sec. [It is the latter unit for main- should be 18 restric- registration which tenance manage- restricted tion) Denied is the object of ment] under Section the petition for 18 partial cancella- tion (Section 18 restriction).] 2(d) Petition to "SHADOW TRAFFIC" "SHADOW TRAFFIC" [priority]; Cancel [radio broadcast- [radio broadcast- fraud; af- Granted ing of traffic and ing of traffic and firmative transit informa- transit informa- defenses of tion] tion] laches, un- clean hands, etc. 2(e)(1) Refusal "GEL-TAPE" Affirmed [flexible pressure sensitive adhesive base carrier tape for automatic handling of raw wafer dies and other surface- mount components] 2(d) Refusal "AQUA TOGS" Affirmed [rainwear and outerwear, namely, jackets, coats, overcoats, top coats, carcoats, parkas, ski jackets, and wind breakers] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No No No "AQUA GEAR" No (and design) [footwear and clothing, namely, jackets, t-shirts, shorts, wet suits, etc.] (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION