Summary of Final Decisions Issued by the Trademark Trial and Appeal Board
January 15-19, 2001
Date Type of Proceeding
Issued Case (1) or App'n No. Party/Parties
1-16 EX 75/516,973 Osiris
(R) Therapeutics, Inc.
1-16 CANC 26,872 Noah's Ark
(SJ) Family Park,
Inc. v. Lyle
Henry Mortimore
1-16 EX 75/625,094 Milacron Inc.
1-17 CANC 29,785 Finck Cigar Co.
(SJ) v. el Duque Group,
Inc.
Opposer's/ Applicant's/
Petitioner's Respondent's
TTAB Mark and Mark and
Issue Decision Goods/Services Goods/Services
2(e)(1) Request for "ALLOGEN"
Reconsidera- [allogenic
tion Denied human mesenchymal
(Refusal stem cells for
Affirmed) medical therapy,
namely, for use in
conjunction with
transplantation of
tissues and solid
organs]
2(d) Petition "NOAH'S ARK" "NOAH'S ARK"
to Cancel [amusement park [entertainment in
Granted services] the nature of a
(Petitioner's theme park]
motion for
summary
judgment
granted)
2(d); Refusal "MACHINERY
2(e)(1); Reversed FLEA MARKET"
whether [services
applicant's of enabling
identifica- advertisement for
tion of its sale of machinery
services is by others on a
sufficiently global computer
specific network site]
res judicata Petition to "ALAMO" "ALAMO CIGARS"
(claim Cancel Denied [cigars] (and design)
preclusion) (Respondent's [cigars]
motion for
summary judg-
ment granted)
Mark and Citable as
Goods Cited by Precedent
Examining Atty. of TTAB
No
No
"MACHINERY MARKETING" No
[retail store services
featuring equipment and
tools for shaping things
out of metal]
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