Summary of Final Decisions Issued by the Trademark Trial and Appeal Board June 1 - 5, 1998 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 6-2 OPP 97,223 U.S. Olympic OPP 97,274 Committee v. OPP 96,029 Lifetime OPP 96,808 Products, Inc. OPP 97,273 OPP 97,542 (SJ) 6-2 EX 74/379,085 Storopack Hans Reichenecker GmbH & Co. 6-2 EX 74/575,074 H. E. Butt (R) Grocery Co. 6-4 CANC 24,983 Christine D. Funcik v. B. Dazzle, Inc. 6-4 EX 74/658,141 Carolina Apparel 6-4 EX 74/628,372 Lake Norman Chrysler-Plymouth- Dodge, Inc. 6-4 CANC 23,598 The Scientist, Inc. v. MicroMath, Inc. 6-5 OPP 93,813 Rudolf Wild GmbH & Co. KG v. 1 Uno Espresso, Inc. 6-5 OPP 93,830 Vaughn Russell (SJ) Candy Co. and Toymax Inc. v. Cookies in Bloom, Inc. 6-5 EX 74/551,253 The Pilot Funds 6-5 EX 74/658,746 Auto Parts Club, LLC Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Oppositions "TEAM USA" "TEAM USA" Sustained [promoting Olympic (and design) [motion for Games; t-shirts and [portable summary other items of basketball judgment clothing] standards, granted] backboards, and goals; basketballs; t-shirts and athletic shorts; basketball backboards] 2(e)(1) Refusal "PAPERFILL" Affirmed [pourable packaging materials for use in shipping goods] Sec. 6 Request for "DR. B--OUR OWN disclaimer Reconsideration ORIGINAL--H-E-B" requirement Denied (and design) (of words (Refusal [carbonated non- "OUR OWN Affirmed) alcoholic soft ORIGINAL") drinks] 2(d) Petition to "KIDS ON THE GO" "KIDS ON THE GO" [priority]; Cancel Granted [books] [children's laches activity books] 2(e)(2) Refusal "CAROLINA APPAREL" Affirmed [retail clothing services] 2(e)(2) Refusal "THE TRUCK CENTER Affirmed OF THE SOUTH" [vehicle dealership services] 2(d) Petition to "THE SCIENTIST" "SCIENTIST" Cancel Denied [newspaper] [computer software and instruction manuals, sold as a unit, for performing numerical analysis and plotting] 2(d) Opposition "CAPRI SUN" "CAPRI" Dismissed [fruit drinks] [whole and ground coffee beans, espresso and other coffee beverages] whether a Opposition "INCREDIBLE EDIBLES" "COOKIES IN BLOOM contractual Sustained [confections] `INCREDIBLE EDIBLE agreement [motion for COOKIE between the summary ARRANGEMENTS'" parties negates judgment (and design) applicant's granted] [decorated claim of a cookies] right to use its mark in commerce 2(d) Refusal "THE PILOT FUNDS" Reversed [mutual fund investment service offered to bank and trust company customers] 2(e)(1) Refusal "AUTO PARTS CLUB" [genericness] Affirmed [discount wholesale and retail store services in the field of automotive parts] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No No No No No No No No Yes "PILOT PLUS" No [security brokerage services, namely, securities executions in a brokerage account on an annual fee basis in lieu of commissions on individual transactions] No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION