United States Patent and Trademark Office OG Notices: 12 April 2005

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

3-8             EX              76121702                Direct Response
                                                        Corp.

3-8             OPP             91159413                Cheeseburger In
                OPP             91161263                Paradise, Inc. v.
                (SJ)                                    Jimmy Buffett


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

genericness     Refusal                                 "TEACHERS'
                Affirmed                                INSURANCE PLAN"
                                                        [insurance
                                                        services, namely,
                                                        underwriting
                                                        insurance in the
                                                        fields of
                                                        property,
                                                        casualty, and
                                                        automobile
                                                        insurance;
                                                        insurance claim
                                                        administration
                                                        and processing;
                                                        insurance
                                                        consultation and
                                                        insurance
                                                        brokerage
                                                        services]

whether,        Opposition      "CHEESE BURGER IN       "CHEESEBURGER IN
because of a    Dismissed       PARADISE"               PARADISE"
settlement      in both         (and design)            (and design)
agreement in    cases as to     [restaurant and         [in Class 14:
a civil action  all opposed     bar services];          jewelry, lapel
between the     applications    "CHEESE BURGER"         pins and watches;
parties,        (applicant's    (and design)            in Class 21:
opposer has     motion for      [pots, frying           beverage
standing to     summary         pans, spatulas,         glassware, shot
oppose          judgment        serving spoons,         glasses and foam
registration    granted         and mixing spoons;      drink holders;
of applicant's  [Note:          containers for          in Class 25:
marks           Opposer given   household use or        clothing, namely,
                time to respond kitchen use;            shirts, t-shirts,
                to applicant's  trivets; coasters       sweatshirts and
                motion to amend not of paper or         baseball caps;
                its answer to   table linen;            in Class 41:
                assert a        dishes; beverage        nightclub services
                counter-claim   glassware; water        and providing
                to cancel       bottles sold            information in
                opposer's       empty; and mugs;        the field of
                registrations]  promotional             nightclub
                                merchandise,            services, namely,
                                namely,                 live entertainment
                                ornamental novelty      event calendars,
                                pins, ornamental        location
                                buttons];               information and
                                "CHEESE BURGER"         driving directions
                                [restaurant and         via the Internet;
                                bar services;           in Class 45:
                                headwear;               restaurant and bar
                                footwear, and           services, and
                                clothing, namely,       providing
                                caps, shirts,           information in the
                                t-shirts,               field of
                                tanktops, blouses,      restaurant and bar
                                jackets, coats,         services, namely,
                                sweaters,               food and drink
                                sweatshirts,            menus, location
                                shorts, pants,          information and
                                beachwear,              driving directions
                                swimwear,               via the Internet]
                                swimsuits, pareos,      and
                                caps, visors, and       "CHEESEBURGER IN
                                hats]                   PARADISE"
                                                        (and design)
                                                        [the same goods
                                                        listed above
                                                        in Classes 14, 21
                                                        and 25]

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

                                                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