Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
January 10-14, 2000
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
1-10 OPP 98,607 Chock Full
O'Nuts Corp. v.
Calgene, Inc.
1-13 OPP 93,163 Health Net v.
(SJ) Mid-America
Health Network,
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(d) Petition "FLAV-R-SAVR" "FLAVR SAVR"
counterclaim to Cancel [coffee] [fresh fruits and
for cancella- Granted; vegetables; seeds]
tion on Conter-claim
grounds of for
non-use of Cancellation
trademark as Denied
registered,
non-use of
trademark on
goods recited
in the regis-
tration, and
abandonment
through
assignment
without good
will
counterclaim Counter-claim "HEALTH NET" "HEALTHNET"
for cancella- for cancella- [health [Health care
tion on tion denied maintenance rate negotiation
grounds of [Opposer's organization services, etc.]
fraud in the motion for services]
procurement summary judg-
of opposer's ment granted]
registration
[Note:
Opposition
was earlier
sustained on
opposer's
motion for
summary
judgment]
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION
TO DISMISS; (MR)=MOTION TO REOPEN