United States Patent and Trademark Office OG Notices: 18 September 2007

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

8-17            EX              76428109                FineLine Lakeshore
                                                        Services, LLP and
                                                        Dock & Lift, Inc.

8-17            OPP             91159653                ProMark Brands Inc.
                                                        v. Schwan's IP LLP

8-17            EX              76603323                MGA Entertainment,
                                                        Inc.


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

2(d); 2(e)(1)   Refusal                                 "POLYDECK"
                Affirmed                                [polyethylene dock
                on 2(d) ground                          sections]
                only

2(d)            Opposition      "SMART ONES"            "SMARTPIZZA"
                Sustained       [pizza; frozen entrees  [pizza]
                                consisting primarily of
                                chicken, beef, fish
                                and/or vegetables;
                                frozen entrees
                                consisting primarily of
                                pasta and/or rice alone
                                or in combination with
                                other foods; frozen
                                desserts consisting of
                                milk based or milk
                                substitute based
                                desserts, cakes, pies
                                and mousses; pre-cooked
                                ready-to-eat frozen
                                bread or wrap having a
                                meat and/or vegetable
                                filling with or without
                                cheese]

whether         Refusal                                 configuration of a
applicant's     Affirmed                                trapezoidal
recited goods   on both                                 cardboard box
are goods in    grounds                                 [trapezoidal
trade; whether                                          cardboard boxes for
applicant's                                             toys, games,
claimed mark                                            playthings, etc.]
is inherently
distinctive or
has acquired
distinctiveness
under Section
2(f)


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

"POLYDECK"                                      No
[vinyl boards for
building products]

                                                No

                                                Yes


(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