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

8-29            EX              75/474,362              Float, Inc.

8-29            EX              75/479,446              Kenneth Picciuto

8-29            EX              75/659,877              Anton/Bauer, Inc.

8-31            EX              75/566,128              Micro-Strategy
                                                        Inc.


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

2(e)(1)         Refusal                                 "FLOAT"
                Affirmed                                [motor vehicle
                                                        flood protection
                                                        device, namely, a
                                                        unitary flexible
                                                        plastic waterproof
                                                        container that can
                                                        be sealed to
                                                        enclose a motor
                                                        vehicle to protect
                                                        it from flood
                                                        damage]

whether the     Refusal                                 configuration
matter          Affirmed                                of a portion of
applicant                                               applicant's goods,
seeks to                                                namely, a ring
register                                                surrounding a
functions as                                            sound emitting
a mark or is,                                           device
rather, non-                                            [sound-emitting,
distinctive                                             chain-like devices
trade dress                                             for training
                                                        animals and
                                                        suitable for rat-
                                                        tling and tossing]

2(d)            Refusal                                 "MAXX"
                Affirmed                                [batteries for
                                                        use with portable
                                                        video equipment]

Section 6       Refusal                                 "DSS SUBSCRIBER"
disclaimer      Reversed                                [computer programs
requirement                                             for use in pub-
(of the                                                 lishing and
letters                                                 creating custom-
"DSS")                                                  ized forms in a
                                                        wide variety of
                                                        fields]


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

                                                No

                                                No

"MAX"                                           No
(and design)
[batteries]

                                                No

(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