United States Patent and Trademark Office OG Notices: 26 June 2007
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board May 21-25, 2007 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 5-21 OPP 91122964 Fort James Operating Company v. Royal Paper Converting, Inc. 5-21 EX 78446099 Trinidad Benham Corp. 5-21 OPP 91162560 Duke University v. Duke Publishing and Software Corporation, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Opposition 2 design marks design mark Sustained [both marks for: [paper towels, paper towels] paper face tissues, paper napkins, and toilet paper] 2(d) Refusal "SOLFRESCO" Reversed [dry beans, peas and lentils] 2(d) Opposition shield design shield design Sustained incorporating the incorporating the in both stylized letters stylized letter classes "D" and "U," plus "D" and images of other matter a castle and a [a wide variety lion of printed [in Class 16: matter and printed matter stationery items of various types in Class 16]; relating to stylized letter the subject of "D" parenting, [key chains made parental skills, primarily of parental metal, tables, experiences, child scarves, hats, care information socks, shirts, and guidance, sweaters and and families-and pants]; not relating to design of a sports or a building sports team; [note cards, note in Class 35: pads, stationery online retail and bookmarks]; store services "DUKE UNIVERSITY featuring goods STORES" and services of [retail store general interest services and mail to parents and order services in not relating to the fields of, sports or a inter alia, school sports team; and office and a variety of supplies, books, other services stationery, items relating to bearing Duke parenting, child University care, etc., trademarks, etc.] but not relating to sports or a sports team] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB Yes "SUNFRESH" No [chilled or processed foods sold in sealed containers, namely, fruit mixtures as slices, sections, chunks or tidbits] 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