Date            Type of         Proceeding
Issued          Case (1)        or App'n No.            Party/Parties

3-2             EX              75/245,378              Melt Your Heart,
                                                        Inc.

3-2             EX              75/092,220              Ball Corp.

                                Opposer's/              Applicant's/
                                Petitioner's            Respondent's
                TTAB            Mark and                Mark and
Issue           Decision        Goods/Services          Goods/Services

whether the     Refusal                                 "MELT YOUR HEART"
specimen of     Affirmed                                [decorative wooden
use shows a                                             outdoor adornments
"substantially                                          for snow
exact                                                   sculptures]
representation"
of the mark
shown in the
drawing--i.e.,
whether the
specimens
demonstrate
trademark use
of the mark
sought to
be registered
[mutilation]

whether         Refusal                                 product
applicant's     Affirmed                                configuration of
proposed        (on grounds of                          the top of a
amendment to    de jure                                 container for
the drawing of  functionality).                         liquids,
its mark is     Proposed                                consisting of a
acceptable; de  amendment to                            larger circular
jure            the drawing                             ridge and a
functionality;  found                                   smaller more
whether the     unacceptable.                           elevated circular
configuration                                           ridge
applicant seeks                                         [metal tops for
to register is                                          liquid containers]
inherently
distinctive

Mark and                                        Citable as
Goods Cited by                                  Precedent
Examining Atty.                                 of TTAB

                                                No

                                                Yes

(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