Summary of Final Decisions Issued by the Trademark Trial and Appeal Board May 3-7, 1999 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 5-3 EX 74/551,771 Michael Khadivar 5-3 EX 74/552,579 Michael Khadivar 5-7 EX 74/447,347 AEW, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services whether the Refusal vertically-orien- configuration Affirmed ted configuration of of an AM/FM applicant's cassette player, goods is an with a shallow inherently housing and a distinctive particular place- trademark for ment of doors and those goods panels [AM/FM audio cassette players] whether the Refusal vertically-orien- configuration Affirmed ted configuration of of a compact disc applicant's player, with a goods is an shallow housing inherently and a particular distinctive placement of trademark for panels, door, and those goods control knobs [compact disc players] Section 6 Refusal "DAPS-DISCOUNT disclaimer Affirmed AUTO PARTS requirement STORES" (of words (and design) DISCOUNT [retail auto AUTO PARTS parts stores] STORES)- whether those words are generic and, if not, whether they are distinc- tive of applicant's services, under Section 2(f) Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No No No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION