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

12-14           EX              75/427,820              Network
                                                        Engines,
                                                        Inc.

12-14           EX              75/398,505              Specialty
                EX              75/398,506              Merchandise
                EX              75/398,507              Corp.

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

2(e)(1)         Refusal                                 "NETWORK
                Affirmed                                ENGINES"
                                                        [fault-tolerant
                                                        clustered servers]

2(d)            Refusal                                 "SMC," "SMC
                Affirmed                                MEMBER," and
                (as to the                              "SMC MEMBER"
                two cited                               (and design)
                "SMC" marks,                            [all three marks
                but not as to                           for business
                the "SMC"                               planning services
                cube design                             tailored to
                mark]                                   providing
                                                        marketing advice
                                                        in the
                                                        establishment and
                                                        operation of
                                                        retail and whole-
                                                        sale distributor-
                                                        ships specializing
                                                        in selling and
                                                        distributing
                                                        giftware,
                                                        novelties,
                                                        collectibles,
                                                        etc.]


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

                                                No

"SMC"                                           No
[advice and
consultation in
management sciences];
"SMC"
[management
consulting]; cube
design incorporating
the letters
"SMC" in stylized form
[management consulting]

(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