United States Patent and Trademark Office OG Notices: 23 September 2003

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

8-21            EX              76/224,169              Boardtown Corp.

8-21            EX              76/226,296              L.I.D. Ltd.

8-21            EX              76/002,802              XM Satellite
                                                        Radio Inc.


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

2(d)            Refusal                                 "WOMBAT HELP
                Affirmed                                DESK SYSTEM"
                                                        [computer software
                                                        programs sold
                                                        through direct
                                                        sales channels for
                                                        use in the field
                                                        of technical
                                                        support and help
                                                        desk management,
                                                        namely, providing
                                                        problem ticket
                                                        tracking, search-
                                                        able knowledge
                                                        base, contact
                                                        management, and
                                                        sales lead
                                                        tracking]

2(d)            Refusal                                 "ARIELLA"
                Affirmed                                [diamonds and
                                                        diamond jewelry]

2(e)(1)         Refusal                                 "REAL JAZZ"
                Affirmed                                [entertainment
                                                        services, namely,
                                                        providing audio
                                                        programs featuring
                                                        music, sports,
                                                        talk, news and
                                                        data via satellite
                                                        and via a global
                                                        communication
                                                        network]


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

"WOMBAT NET"                                    No
(and design) [software
in the field of
providing multiple-
user access to a global
computer
information network,
and software for
interfaces, search
engines, e-mail,
modem and system
requirements]

"ARELLA"                                        No
[jewelry]

                                                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