United States Patent and Trademark Office OG Notices: 12 November 2002

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

9-30            EX              75/882,633              Sabert Corp.

9-30            EX              75/661,184              Warnaco U.S., Inc.


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

2(e)(1)         Refusal                                 "STURDIWARE"
                Affirmed                                [distributorships,
                                                        mail order
                                                        services, retail
                                                        store services and
                                                        computerized on-
                                                        line ordering and
                                                        retail services
                                                        featuring food
                                                        containers of all
                                                        kinds, including
                                                        serving trays,
                                                        platters, plates,
                                                        bowls and lids
                                                        related thereto]

whether the     Refusal                                 "WARNER'S SIMPLE
mark in         Affirmed                                LUXURIES"
applicant's                                             [intimate apparel
drawing is a                                            and figure enhan-
"substantially                                          cing garments,
exact repre-                                            namely, bras,
sentation" of                                           panties, under-
the mark shown                                          wear, underpants,
in applicant's                                          undergarments,
specimens of                                            underclothes,
use                                                     teddies, slips,
                                                        sarongs, negli-
                                                        gees, lingerie,
                                                        foundation
                                                        garments, girdles,
                                                        corsets, cami-
                                                        soles, body slips
                                                        and body suits,
                                                        sleepwear, and
                                                        nightgowns]


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

                                                No

                                                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