7708
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 75/897,584
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`Published in the Official Gazette on February 12, 2002
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`U.s. Paunt a TMOfc/TM Mail ficpt. or. no
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`1
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`Opposition No.:
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`’ Whiteco Industries Inc.
`.
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`Opposer
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`v.
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`Ms. Eva Heilbrunn
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`Applicant
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`NOTICE OF OPPOSITION
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`Whiteco Industries, Inc., having a place of business at 1000 East 80th Place, Suite 700
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`North, Menillville, Indiana 46410 (referred to herein as "Opposer"), believes that it will be
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`damaged by registration of the mark CELEBRATION STATION shown in Trademark
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`Application Serial No. 75/897,584, filed January 15, 2000 in International Class 30 by Ms. Eva
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`Heilbrunn (referred to herein as "Applicant") and hereby opposes the same. The application as
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`published in the February 12, 2002 Official Gazette at TM—346 may be summarized as follows:
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`Serial No.:
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`75/897,584
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`Filed:
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`January 15, 2000
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`Applicant:
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`Eva Heilbrunn
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`Mark:
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`Goods:
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`CELEBRATION STATION
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`For gift baskets consisting of assorted products of others, namely
`cookies, crackers, candy and stuffed animals. (U.S. Cl. 46) (Int. Cl.
`30).
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`Published:
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`February 12, 2002
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`03/15/2002 TSHIIII
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`00000010 75097584
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`01 FC:377
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`300.00 09
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`

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`
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`Attached hereto as Exhibit A and incorporated herein by reference is a copy of page TM-
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`346 of the February 12, 2002, Official Gazette.
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`As grounds of opposition, it is alleged that:
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`1.
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`Opposer is a corporation organized and existing under the laws of the State of
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`' Nebraska.
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`2.
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`Since 1989, Opposer has used the marks CELEBRATION STATION®, Reg.
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`No. 1,677,947, and CELEBRATION STATION FUN CENTER (and Design)®, Reg. No.
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`1,718,892, in conjunction with family-friendly entertainment centers.
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`In 1990, Opposer also
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`began using the mark, CELEBRATION STATION FAMEY FUN CENTER®, Reg. No.
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`1,677,948, for its entertainment centers.
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`3.
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`On August 1, 1994, Opposer expanded its use and began using the mark
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`CELEBRATION STATION®, Reg. No. 1,974,116, in conjunction with interactive audiovisual
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`games, contests, and competitions.
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`4.
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`On August 25, 1994, Opposer further expanded its use and began using the marks,
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`CELEBRATION STATION®, Reg. No. 2,498,343 and CELEBRATION STATION (and.
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`Design)®, Reg. No. 2,498,344,
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`in conjunction with toys, game prizes, and party favors,
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`including stuffed toy animals, toy balls, toy flying discs, toy pails and toy pouches.
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`5.
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`Upon information and belief, Applicant did not use her CELEBRATION
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`STATION mark in connection with the goods listed in her application in interstate commerce in
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`the United States, or in commerce between the United States and any foreign country until
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`December 20, 1999, which is ten years after Opposer first began using its CELEBRATION
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`STATION® mark and five years after Opposer began using CELEBRATION STATION® in .
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`conjunction with toys, including stuffed animals.
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`6.
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`By virtue of its efforts, and the expenditure of considerable sums for promotional
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`activities, and by virtue of the excellence of its services, Opposer has gained a most valuable
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`reputation and exceedingly valuable goodwill in its CELEBRATION STATION® and related
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`marks.
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`7.
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`The trademark proposed for registration by Applicant is identical to Opposer's
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`' CELEBRATION STATION® marks, Reg. Nos. 1,677,947, 1,974,116, and 2,498,343, and
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`confusingly similar to its related marks, Reg. Nos. 1,677,948, 1,718,892, and 2,498,344.
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`Applicant's use of the CELEBRATION STATION mark on the goods identified in the
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`application is likely to cause confusion and lead to deception as to the origin of Applicant's
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`goods.
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`8.
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`Applicant's registration of this mark would result in confusion and substantial
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`damage and injury to Opposer.
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`Persons familiar with Opposer's marks are likely to buy
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`Applicant's goods under the mistaken belief that they originate with, or are licensed, sponsored
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`or approved by Opposer. Any such confusion would inevitably result in loss of sales to Opposer,
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`and tarnish Opposer's goodwill and reputation established in its CELEBRATION STATION®
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`marks.
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`9.
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`Registration of the CELEBRATION STATION mark to Applicant would be a
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`source of damage and injury to the Opposer.
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`WI-IEREFORE, Opposer prays that the application Serial No. 75/897,584 be rejected, and
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`that the mark therein sought for the goods therein specified be denied and refused.
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`Opposer hereby submits this Notice of Opposition in duplicate along with the requisite
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`filing fee in the amount of three hundred dollars ($300.00) as Applicant’s CELEBRATION
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`

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`
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`STATION mark covers a single class of goods. Please charge any additional "fees or credit any
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`excess to our Deposit Account No. 09-0007.
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`Please direct all communications to Brian T. Ster of Ice Miller, One American Square,
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`Box 82001, Indianapolis, Indiana 46282-0002.
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`Dated this
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`day of H‘u‘°t\
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`, 2002.
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`Sincerely,
`
`ICE MILLER
`
`are
`
`Brian T. Ster
`
`One American Square
`Box 82001
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`Indianapolis, IN 46282-0002
`Phone: (317) 236-5941
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`Fax: (317) 592-4820
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`Enclosures: Postcard
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`Check in the amount of $300.00
`Exhibit A
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`957315
`
`

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`
`
`TM 346
`CLASS 30——STAPLE FOODS
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`OFFICIAL’ GAZETTE’ '
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`FEB 12, 2002
`
`CLASS 30-—(Continued).
`SN 75-907,617. EASLEY, MOSES L., III, DBA. M & M
`INDUSTRIES, SAN FRANCISCO, CA. FILED. 1-31-2000.
`
`
`
`THE MARK is LINED FOR THE COLORS BLUE, RED
`AND GREEN.
`FOR BARBEQUE SAUCE AND COOKING AND DIP-
`PING SAUCE (U.S. CL. 46).
`FIRST USE 5-21-1999; IN COMMERCE 9-4-1999.
`
`SN 75-945,486. SANFORD FARADAY,
`OGLETHORPE, GA. FILED 2-25-2000.
`
`INC., FORT
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`_
`SQUISH IT! SQUEEZE IT! I
`A
`, SHAPE IT!.'EA"_1‘ IT! 1
`;..~,
`
`FOR CANDY (U.S. CL. 46).
`FIRST USE 10-7-1996‘, IN COMMERCE 6-21-I999.
`
`\,'.,
`
`SN 76-021,858. DEPWEG, ADAM, CUCHARA, CO. AN1
`DEPWEG, JILL, CUCHARA, CO. FILED 4-7-2000.
`,
`
`
`
`SN 75-638,511. GREENLIGHT4FILMPRODUKTION GMBH,
`80797 MUNICH, FED REP GERMANY, FILED 2-11-1999.
`
`
`
`
`, YOYOJ
`
`
`
`
`
`‘FOR EDIBLE CAKE DECORATIONS, CANDY BREAK-
`FAST CEREALS, CHEWING GUM, COOKIES, POPPED
`AND CANDY‘COATED-POPCORN, CAKES,‘ FROZEN
`CONFECTIONS, COCOA, ICE CREAM, PRETZELS AND
`TORTILLA CHIPS (U.S. CL. 46).
`._____—.é..____
`
`SN 75-809,170. ‘NEXT CEREALS, LLC, CARLSBAD, _CA.
`FILED 9-27-1999.
`“
`
`NOW
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`S DIFFERENT
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`FOR BREAKFAST CEREALS AND PROCESSED CER-
`EALS; CEREAL IBASED SNACK FOODS (U.S. CL. 46).
`_.___._._.L__ _
`
`SN 75-869,581. MARKOVICH, LILLIAN, DIAMOND BAR,
`CA. FILED 12-13-1999.
`
`
`
`
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`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO
`USE "FRUTTAS", APART=FROM THE MARK AS SHOWN.
`THE ENGLISH TRANSLATION OF "BELLA FRUTTAS“ IS
`"BEAUTIFUL FRUIT".
`FOR COOKIES (U.S. CL. 46).
`FIRST USE 8-15-1998; IN COMMERCE 8-15-1998.
`__..__.___:.__—_.
`
`SN '75-897,584. I-IEILBRUNN, EVA, SAN DIEGO, C
`1-15-2000.
`
`A. FILED
`
`CELEBRATION STATION
`
`FOR GIFT BASKETS CONSISTING OF ASSORTED
`PRODUCTS OF OTHERS, NAMELY COOKIES, CRACK-
`ERS, CANDY AND STUFFED ANIMALS (U.S. CL. 46).
`FIRST USE 12-20-I999; IN COMMERCE 12-20-1999.
`
`THE STIPPLING SHOWN IN THE DRAWING 1$‘,F§
`SHADING PURPOSES ONLY.
`"
`THE PORTRAIT OF THE DRAWING DOES NOT REP?
`.4
`SENT A LIVING INDIVIDUAL.
`ND Dx}
`FOR MUSTARD, KETCHUP, COOKING A
`PING SAUCES, SEASONINGS AND SALAD DRES§lN§
`(U.S. CL. 46).
`,.
`
`Exhibit A
`
`

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`V Illlllllllllllllllllllllllllllllllllllllllllllllll
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`03-11-2002
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`US. Patents: TMOfclTM Mai} Hem. D1. #40
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`ICEIWLLE-R”
`“G” “ "”“"‘“' ””'S°“‘
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`March 12, 2002
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`WRITER'S DIRECT NUMBER: (317) 236-5941
`Internet: ster@icerni1ler.com
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BOX TTAB - FEE
`Comnfissjoner for Trademarks
`2900 CrySta1D1.iVe
`Arlington, Virginia 22202-3513
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`Express Mail label number: EF158334478US
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`Date of
`
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`Deposit: March 12 2002
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`I hereby certify that this paper or fee is being deposited
`with the United States Postal Service"’Express Mail Post
`Office to Addressee" service under 37. C.F.R. 1.10 on
`the
`date
`indicated
`above
`and‘.
`is
`addressed
`to
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`for Trademarks,‘ 2900 Crystal Drive,
`Commissioner
`Arlington, Virginia 22202-3513.
`
`(Nameofperson mailingiaperorfee)
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`Signature
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`Re:
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`Opposition to Trademark Application Serial No. 75/897,584
`
`Dear Madam/Sir:
`
`Enclosed please find a Notice of Opposition for filing in the matter of Trademark
`Application Serial No. 75/897,584 in duplicate. Also enclosed is a check in the amount of three
`hundred dollars ($300.00) pursuant to 37 C.F.R. §2.6 (a) (17) in payment of the filing fee for this
`Notice of Opposition.
`‘
`
`I P317-236-2100 I F317-236-2219 I www.icemiller.com
`0neAmerican Square I Box 82001 Ilndianapolis. IN 46282-0002
`Indianapolis
`I Chicago
`I South Bend
`I Kansas City
`I Washington,D.C.
`
`

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`
`
`Commissioner for Trademarks
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`-2-
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`March 12, 2002
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`If you have any questions concerning this Notice of Opposition please contact the
`undersigned.
`
`Sincerely,
`
`ICE MH.LER
`
`fiwfi-‘g’-‘*
`
`Brian T. Ster
`
`One American Square
`Box 82001
`
`Indianapolis, IN 46282-0002
`Phone: (317) 236-5941
`Fax:
`(317) 592—4820
`
`Enclosures: Notice of Opposition to Trademark
`Application No. 75/897,584 (in duplicate)
`
`cc: Carol Ann Bowman, Esq.
`
`957315