United States Patent and Trademark Office OG Notices: 04 Dec 2007

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

10-29           EX              78711311                Cheezwhse.com,
                EX              78730624                Inc.

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

2(d)            Refusal                                 "NAPOLEON BRIE" and
                Affirmed                                "NAPOLEON BRIE"
                in both                                 (and design)
                cases as to                             [both marks for:
                both cited                              cheese]
                registrations

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

2 cited registrations                           No
for the mark
"NAPOLEON," both
owned by the same
entity:
[salad oil, olive
oil; processed
vegetables, namely,
cocktail onions, baby
corn, stir-fry
vegetables, hearts of
palm, artichokes;
processed seafood,
namely, anchovies,
oysters, mussels, and
sardines; and processed
olives] and
[vinegar, capers,
and pasta]

(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