Summary of Final Decisions Issued by the Trademark Trial and Appeal Board November 30 - December 4, 1998 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 11-30 OPP 93,658 Micro Motion, Inc. v. Danfoss A/S 12-2 OPP 95,572 Rubbermaid Inc. v. Dean M. Lucente 12-4 EX 74/546,699 Oralabs, Inc. 12-4 EX 74/631,975 International Data Group, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services genericness Opposition "MASSFLO" Sustained [flowmeters for the measurement of flow of mass of fluids] 2(d) Opposition "GREENS KEEPER" "KEEPERS" Sustained [large commercial [plastic covers containers for for food produce]; containers] "KEEPERS" [household con- tainers]; "KEEPER" [food storage con- tainers having plastic covers] whether the Refusal configuration of product con- Affirmed the bottle in figuration (but only on which applicant's applicant the grounds goods are sold seeks to of non-dis- [breath freshening register as tinctiveness) drops] its trademark is de jure functional; whether the product con- figuration is distinc- tive of ap- plicant's goods in commerce 2(e)(1) Refusal "_ _ _ FAQS" Affirmed [books in the field of business and general reference] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB Yes No No No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION