Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 11-29 EX 75/178,434 Broadview Associates LLC 11-30 OPP 98,964 R.M.S. Titanic, OPP 99,005 Inc. v. R.M.S. Ltd. N.Y.C. 11-30 EX 74/689,088 Armonds Mfg. Co., Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(e)(1) Refusal "INFORMATION Affirmed TECHNOLOGY INDEX" [written reports rendered from time to time on the performance of information tech- nology stocks] 2(d); 2(a); Opposition "TITANIC" "R M S TITANIC" 2(e)(1); Sustained [merchandise and "TITANIC" [false sug- (but only associated with [clothing, namely, gestion of a ground that and display of t-shirts, sweat- connection]; matter fails artifacts con- shirts, shirts, whether the to function nected with the hats and caps] matter appli- as a trade- wreck of the cant seeks to mark and is RMS Titanic] register merely orna- functions as mental) a trademark or is merely ornamental de jure Refusal configuration function- Affirmed of a toothpick ality; (on grounds [toothpicks] whether the of de jure configuration functionality of appli- and lack of cant's goods inherent dis- is either tinctiveness) inherently distinctive or has acquired dis- tinctiveness through use in commerce (Sec. 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