United States Patent and Trademark Office OG Notices: 28 June 2005

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

5-24            OPP             91150539                Rivercat Foods,
                                                        Inc. v.
                                                        Sacramento River
                                                        Cats Baseball
                                                        Club, LLC

5-25            EX              76404232                T.G. Lee Foods,
                                                        Inc.


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

2(d);           Opposition      "RIVERCAT"              "RIVER CATS"
counterclaim    Dismissed;      [seafood, namely,       (in stylized
to cancel       Petition        smoked albacore,        design format)
asserting       to Cancel       smoked sturgeon,        [clothing, namely,
2(d)            Denied          chinook salmon,         shirts, tee shirts,
                                shrimp, lobster,        polo shirts, knit
                                salmon, oysters,        shirts, golf
                                clams, caviar,          shirts, jackets,
                                calamari, catfish,      sweat shirts,
                                escargot, fish          sweaters, jerseys,
                                fillets and             v-neck pullovers,
                                sardines; and deli      hats and visors]
                                meats, namely,
                                ham, turkey,
                                bologna, salami,
                                hot dogs, ham-
                                burger, sausages,
                                corned beef,
                                chicken, liver,
                                bacon, and deli
                                sliced cheese]

2(d);           Refusal                                 "FLAVOR FRESH
2(e)(1)         Affirmed                                BOTTLE!"
                on 2(e)(1)                              [milk and dairy
                grounds                                 based liquids,
                and on                                  namely, flavored
                2(d)                                    milk, cream,
                grounds as                              whipping cream,
                to all cited                            half and half,
                registrations                           coffee creamer,
                except                                  buttermilk, all
                FLAVOR FRESH                            sold in bottles]
                for coffee
                servers


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

                                                No

3 cited registrations,                          No
all owned by different
entities:
"FLAVOR FRESH
POUR SPOUT"
[fitment applicators,
namely, plastic screw
top caps sold as a
component of
cardboard containers;
non-dairy creamer
and egg products,
namely, egg
substitutes];
"FLAVOR FRESH"
[coffee servers];
"FLAVOR FRESH"
[margarine]


(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