United States Patent and Trademark Office OG Notices: 15 July 2003

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

6-11            EX              75/599,525              WNBA
                                                        Enterprises, LLC

6-12            EX              76/261,476              NTD Apparel, Inc.


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

Section 6       Refusal                                 "ORLANDO MIRACLE"
disclaimer      Reversed                                (and design)
requirement                                             [statistical
of the word                                             books, guide books
MIRACLE                                                 and reference
(as descriptive                                         books for basket-
under 2(e)(1))                                          ball, magazines in
[Note:                                                  the field of
applicant                                               basketball,
disclaimed                                              commemorative
ORLANDO when                                            game programs,
application                                             statistical sheets
was filed]                                              for basketball
                                                        topics,
                                                        newsletters and
                                                        pamphlets in the
                                                        field of
                                                        basketball, and
                                                        other goods]

2(d)            Refusal                                 "KOALA BLUE"
                Affirmed                                [wine, champagne,
                                                        prepared alcoholic
                                                        cocktails,
                                                        liqueurs, sherry,
                                                        port wines,
                                                        prepared wine
                                                        cocktails, wine
                                                        coolers, and
                                                        distilled spirits]


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

                                                Yes

2 cited registrations,                          No
both owned by the same entity:
"KOALA"
(in stylized form)
[iced tea and red tea;
non-carbonated fruit drinks,
non-carbonated lemonade,
sparkling spring water and
fruit juice] and
"KOALA"
[sparkling fruit drinks]


(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