Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
January 25-29, 1999
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
1-19 EX 75/046,595 Baldwin Hardware
Corp.
1-19 EX 74/601,726 New Era Cap
Co., Inc.
1-19 OPP 100,065 Travel
Impressions Ltd.
v. Intrav
Receptive
Services, Inc.
1-19 EX 75/061,491 Avedis Zildjian
Co.
1-19 OPP 105,401 Latrobe Brewing
Co. L.L.C. v.
Prairie Rock
Brewing Co.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Refusal "THE ESTATE
Affirmed COLLECTION"
[metal cabinet
hardware, namely,
handles, pulls and
knobs and metal
bathroom acces-
sories, namely,
towel bars, towel
rings, tissue
holders, soap
dishes and
toothbrush/tumbler
holders]
2(d) Refusal design mark
Affirmed incorporating a
baseball player,
baseball bat, and
four stars - on a
rectangular
background divided
into one dark area
and one white area
[athletic caps]
2(d) Opposition stylized design "TEDDY BEAR TOURS"
Sustained of a bear [travel agency
[arranging travel services, namely,
tours] arranging travel
tours]
2(d) Refusal "ENSEMBLE SERIES"
Affirmed [musical
instruments,
namely,
drumsticks]
2(d) Opposition "ROLLING ROCK," "ROCK 'N RED"
Sustained "ROCK," "ROCK [beer and ale]
LIGHT", and "ROCK
BOCK"
[beer]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
"ESTATES COLLECTION" No
[drinking glasses,
toothbrush holders, and
waste baskets sold only
in registrant's
department stores;
bed sheets, curtains,
towels, shower
curtains, etc., sold only
in registrant's
department stores, etc.]
design mark No
incorporating a
baseball player,
baseball bat, and four
stars - on a dark,
rectangular background
[hats and caps]
No
"ENSEMBLE" No
[percussion musical
instruments, namely,
drum heads]
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION