Summary of Final Decisions Issued by the Trademark Trial and Appeal Board February 14 - February 18, 2000 Date Type of Proceeding Issued Case(1) or App'n No. Party/Parties 2-14 OPP 107,354 S Industries, Inc. (SJ) and Central Mfg. Co v. Duron, Inc. 2-16 EX 75/243,307 MBM Co., Inc. 2-16 EX 75/117,256 HealthFirst, Inc. EX 75/117,694 2-16 EX 75/348,130 Simoniz USA, Inc. 2-16 EX 75/184,786 Forecast Trading Corp. Opposer's/Petitioner's Mark and Issue TTAB Decision Goods/Services 2(d) Opposition "TERMINATOR" Dismissed [sporting goods] [Summary judge- ment granted to non- moving party] 2(a) Refusal Reversed [geographically deceptive]; 2(e)(3) 2(d) Refusal Affirmed (in both cases) 2(e)(1) Refusal Reversed 2(e)(1) Refusal Affirmed Applicant's/ Citable as Respondent's Mark and Mark and Goods Cited Precedent of Goods/Services by Examining Attorney TTAB "TERMINATOR" No [house paint primers for covering stains]; "LIMOGES" No [jewelry, not including ceramic jewelry] "HEALTHFIRST" "HEALTHFIRST" No (and design) [administration of and empolyee health care "HEALTHFIRST benefit plans] `WHERE THE CARE STARTS'" (and design) [both marks for primary health care services] "WASH CLOCK" No [computerized soap dispenser for identifying individuals and recording the times when the individuals wash themselves] "ORIGINAL ENGINE No MANAGEMENT" [mail order catalog services featuring automobile parts, namely, engine control components] (1)EX5EX PARTE APPEAL; OPP5OPPOSITION; CANC5CANCELLATION; CU5CONCURRENT USE; (SJ)5SUMMARY JUDGMENT; (R)5REQ. FOR RECONSIDERATION; (MD)5MOTION TO DISMISS; (MR)5MOTION TO REOPEN