United States Patent and Trademark Office OG Notices: 26 August 2003

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

7-24            EX              76/269,058              Scholastic Inc.

7-24            OPP             107,599                 American Italian
                OPP             110,644                 Pasta Co. v.
                CANC            26,165                  Homestead, Inc.
                                                        and New World
                                                        Pasta Co.

7-24            EX              78/052,872              Nutritional
                                                        Services, Inc.


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

2(d)            Refusal                                 "SWEETBERRY
                Affirmed                                BOOKS"
                                                        [series of books
                                                        for children]

2(d);           Oppositions     "LA ROSA" and           "LA BELLA ROSA"
counterclaim    Sustained       "LA ROSA" in            and
for             and             several design          "LA BELLA ROSA"
cancellation    Petition        formats                 (and design)
of two of       to Cancel       [all for pasta          [dry pasta];
plaintiff's     Granted;        products, bread         "LA BELLA ROSA
pleaded         Counter-        crumbs, and/or          BRAND"
registrations   claim for       other food              (and design)
and for         partial         products;               [also for
partial         cancellation    opposer/petitioner      dry pasta]
cancellation    of two of       pleaded six prior
of two other    plaintiff's     registrations for
of plaintiff's  pleaded         its various
pleaded         registrations   "LA ROSA" marks]
registrations,  granted
on grounds
of
abandonment

2(d)            Refusal                                 "NSI"
                Affirmed                                (and design)
                                                        [retail
                                                        distributorship
                                                        featuring dietary
                                                        supplements]


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

"SWEET BERRY"                                   No
[toy animal figures]

                                                No

2 cited registrations,                          No
owned by the same entity:
"NSI"
[dietary supplements and
vitamins, minerals,
herbs, herbal extracts
and herbal combinations,
all for use as dietary
supplements] and
"NSI NUTRACEUTICAL
SCIENCES INSTITUTE"
(and design)
[computerized on-line
ordering services in the
field of vitamins and
dietary supplements]


(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