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