United States Patent and Trademark Office OG Notices: 26 October 2004

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

9-20            EX              76475899                Nantucket
                                                        Harvest Co., Inc.

9-20            EX              76353037                Cumulus
                                                        Broadcasting, Inc.

9-21            EX              76373265                CFS
                                                        Holdings, Inc.

9-21            CANC            92024998                M.C.I. Foods, Inc.
                                                        v. Los Cabos Food
                                                        Corp. and
                                                        Richard Staunton

9-22            EX              75589448                Richard Ferris


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

2(d)            Refusal                                 "NANTUCKET
                Affirmed                                OFF-SHORE"
                                                        [spices, season-
                                                        ings, sauces,
                                                        seasoning rubs,
                                                        and seasoning
                                                        sauces for
                                                        barbecued foods
                                                        and for use on
                                                        cooked food
                                                        products]

2(d)            Refusal                                 "106.5 THE ZONE"
                Reversed                                [radio
                                                        broadcasting
                                                        services]

2(d)            Refusal                                 "GARDEN HARVEST"
                Affirmed                                [Class 29:
                in both                                 freeze dried
                classes                                 vegetables;
                                                        Class 30:
                                                        freeze dried
                                                        herbs]

2(d)            Petition        "LOS CABOS"             "LOS CABOS"
                to Cancel       (and design)            (and design)
                Denied          [burritos,              [restaurant
                                enchiladas, tacos,      services]
                                taquitos, and
                                soft tacos]

whether         Refusal                                 "TEE-MAIL"
applicant's     Reversed                                [wholesale and
specimens                                               retail distributor-
show service                                            ship featuring golf
mark use of                                             equipment, golf and
its mark in                                             sports clothes,
connection                                              golf books, audio
with its                                                cassettes, video
recited                                                 cassettes, CDs and
services                                                CD-ROMs that may be
                                                        accessed by way of
                                                        a global computer
                                                        network]


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

"OFF SHORE"                                     No
[seafood]

"94.1 FM THE ZONE"                              No
[radio broadcast services]

"GARDEN HARVEST"                                No
[fresh fruit, namely,
tomatoes]

                                                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