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

2-14            EX              75/460,669              Victory
                                                        Foodservice
                                                        Distributors
                                                        Corp.

2-14            EX              75/568,065              Parker Hannifin
                                                        Customer Support
                                                        Inc.

2-14            OPP             100,070                 Kellogg Co. v.
                                                        Don R. Mueller

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

2(d)            Refusal                                 "VICTORY
                Affirmed                                FOODSERVICE"
                                                        (plus other
                                                        wording and
                                                        design)
                                                        [wholesale food
                                                        distributorship
                                                        services]

2(e)(1)         Refusal                                 "MACHINESHOP"
                Affirmed                                [computer
                                                        software for
                                                        use in managing
                                                        machine control
                                                        software applica-
                                                        tions in the field
                                                        of manufacturing]

2(d)            Opposition      "NUTRI-GRAIN,"          "NUTRI BRAIN"
                Sustained       "NUTRI-GRAIN            (and design)
                                ALMOND," and            [cookies that,
                                "NUTRI-GRAIN            in addition to
                                WHEAT"                  their nutritional
                                [all three marks        value, introduce a
                                for cereal-derived      variety of
                                food product to         physical formulas,
                                be used as a            with a particular
                                breakfast food,         formula on each
                                snack food or           cookie]
                                ingredient for
                                making food] and
                                "NUTRI-GRAIN"
                                [waffles]

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

"VICTORY MARKETS,"                              No
"VICTORY MARKETS"
(and design incorporating
the letters "VM"), and
"VICTORY MARKETS"
(and design incorporating
the letter "V")
[all three marks for
wholesale and retail
supermarket services]

                                                No

                                                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