United States Patent and Trademark Office OG Notices: 13 January 2004

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

12-11           EX              78010982                Jaguar DrinkWare

12-11           OPP             91107800                Black Box Corp. of
                OPP             91107801                Pennsylvania and
                (SJ)                                    BB Technologies,
                                                        Inc. v. Betterbox
                                                        Communications
                                                        Ltd.


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

2(d)            Refusal                                 "JAGUAR DRINKWARE"
                Affirmed                                [mugs, drinking
                based on                                steins, and
                all three                               drinking cups
                cited                                   in the nature of
                registrations                           tumblers for
                                                        coffee, fountain
                                                        drinks and other
                                                        drinkable liquids,
                                                        all being made of
                                                        a variety of
                                                        materials except
                                                        for precious
                                                        metals, namely,
                                                        porcelain,
                                                        stainless steel,
                                                        plastic, acrylic
                                                        and aluminum]

2(d)            Opposition                              "BLACK BOX"
[collateral     Dismissed                               [catalog for data
estoppel]       in both                                 communication
                cases,                                  products]; "
                based on                                BLACK BOX"
                collateral                              (and design)
                estoppel                                [electric and
                [applicant's                            electronic data
                motion                                  communication
                for                                     apparatus]; and
                summary                                 design marks for
                judgment                                similar goods
                granted]


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

3 cited registrations,                          No
all owned by the
same entity:
"JAGUAR"
(and design)
[coasters not of paper
and not being table linen,
mugs, automobile cleaning
cloths];
"JAGUAR"
(and design) and
"JAGUAR RACING"
[both marks for
drinking steins;
beverage glassware;
thermal insulated
containers for
beverages; water
bottles, sold empty;
portable coolers and
tankards not of
precious metal]

"BETTERBOX" and                                 No
"BETTERBOX"
(and design)
[both marks for
computer hardware,
computer peripherals,
and computer modems]


(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