United States Patent and Trademark Office OG Notices: 15 July 2003

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

6-12            EX              75/802,990              Groupe Dynamite,
                                                        Inc.

6-12            EX              76/409,880              Elegant Headwear
                                                        Co., Inc.

6-12            EX              76/199,575              Mannington
                                                        Mills, Inc.


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

2(d)            Refusal                                 "DYNAMITE STORES"
                Affirmed                                [Class 18:
                as to all                               handbags,
                three                                   knapsacks;
                classes                                 Class 25:
                                                        various clothing
                                                        items including
                                                        sweaters, pants,
                                                        skirts, suede and
                                                        leather jackets,
                                                        t-shirts, and
                                                        coats;
                                                        Class 35:
                                                        operation of
                                                        retail clothing
                                                        store]

2(d)            Refusal                                 "BABY'S FIRST"
                Affirmed                                [toddler single-
                                                        piece sleepwear,
                                                        baby bibs not of
                                                        paper, hats,
                                                        mittens, sweaters
                                                        and visors]

2(e)(1)         Refusal                                 "SCRATCHRESIST"
                Affirmed                                [hardwood flooring
                                                        which contains a
                                                        coating in the
                                                        nature of a wood
                                                        floor finish]


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

2 cited registrations,                          No
owned by different
entities:
"DYNAMITE"
[luggage] and
"DYNAMITE KIDZ"
[children's clothing,
namely, shirts, pants,
jackets, hats, socks,
sweaters, shorts, and
coats]

"BABY'S FIRST"                                  No
[infants' footwear]

                                                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