  Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

			    April 27 - May 1, 1998


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

4-27   		OPP		82,098			Penguin Books
		CANC		19,780 			Ltd. v. Rainer
   							Eberhard dba
							Penguin
  							Computer
							Consultants 

4-29     	CANC		19,291   		Metro Traffic
		(On					Control, Inc. v.
		Remand					Shadow Network,
		from Fed.				Inc. and
		Cir.)   				CitiTraffic Corp.

4-29            EX              74/580,166              Tempo G   

4-29            EX              74/695,068   		Burlington Coat
							Factory
							Warehouse Corp. 
  
				Opposer's/		Applicant's/
				Petitioner's		Respondent's
		TTAB		Mark and		Mark and
Issue		Decision	Goods/Services		Goods/Services

2(d); whether 	Opposition	PENGUIN			penguin design
the goods in 	Sustained;	(and design)		[computer programs
one of op-	Petition for 	[books]; PENGUIN	and instruction 
poser's 	Partial Can-	[pre-recorded com-	manuals therefor 
pleaded reg-	cellation 	puter programs]		sold together as a
istrations	(i.e., Sec. 	[It is the latter 	unit for main-
should be	18 restric-	registration which	tenance manage-
restricted 	tion) Denied  	is the object of 	ment]     
under Section 			the petition for 
18   				partial cancella-
				tion (Section 18
				restriction).] 

2(d)  		Petition to 	"SHADOW TRAFFIC"	"SHADOW TRAFFIC"	
[priority];	Cancel		[radio broadcast-	[radio broadcast-	
fraud; af-	Granted   	ing of traffic and 	ing of traffic and 	
firmative			transit informa-	transit informa-
defenses of 			tion]   		tion]     
laches, un-			
clean hands,			
etc.   				
				
2(e)(1)   	Refusal					"GEL-TAPE"
		Affirmed				[flexible pressure
      							sensitive adhesive
							base carrier tape 
							for automatic 
							handling of raw 
							wafer dies and 
							other surface-
							mount components] 

2(d)   		Refusal					"AQUA TOGS"
		Affirmed				[rainwear and 
      							outerwear, namely,
							jackets, coats,
							overcoats, top 
							coats, carcoats, 
							parkas, ski 
							jackets, and wind 
							breakers]   

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

						No

						No

						No

"AQUA GEAR"					No
(and design)
[footwear and 
clothing, namely, 
jackets, t-shirts, 
shorts, wet suits, etc.]

(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT 
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION 
