United States Patent and Trademark Office OG Notices: 09 September 2003

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

8-8             EX              76/227,464              Author
                                                        Services, Inc.

8-8             EX              75/714,606              Donald S. Dowden

8-8             EX              75/713,192              Stout
                EX              75/713,242              Industries, Inc.


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

whether         Refusal                                 "BATTLEFIELD
the matter      Affirmed                                EARTH"
applicant                                               [pre-recorded
seeks to                                                audio tapes and
register                                                video tapes and
functions                                               pre-recorded
as a mark                                               compact discs
for the                                                 featuring a series
goods                                                   of science fiction
recited                                                 books]
in its
application

2(e)(1);        Refusal                                 "US PATENT
2(e)(2)         Affirmed                                LAW REPORT"
                but only                                [a periodical,
                on 2(e)(1)                              namely, a
                ground                                  newsletter in
                                                        the field of
                                                        intellectual
                                                        property]

whether         Refusal                                 2 applications
applicant's     Affirmed                                to register the
specimens       in both                                 mark "STOUT.COM"
show use of     cases                                   [for (1) custom
its marks as                                            design of signs
service                                                 and sign bearing
marks in                                                fascia for
connection                                              advertising for
with the                                                others and (2)
services                                                manufacture of
recited in its                                          general product
applications                                            line in the field
                                                        of signs and sign
                                                        bearing fascia for
                                                        advertising to the
                                                        order and specifi-
                                                        cation of others]


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

                                                No

                                                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