United States Patent and Trademark Office OG Notices: 21 December 2004

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

11-18           EX              76229696                Kabushiki Kaisha
                                                        Sony Computer
                                                        Entertainment

11-18           EX              75751554                Baby Bjorn AB

11-18           EX              76402813                Gibson Piano
                                                        Ventures, Inc.

11-18           EX              76144075                American
                EX              76144076                Airpower
                EX              76158198                Heritage
                EX              76165093                Museum
                EX              76149868
                EX              76149869
                EX              76173211

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

2(e)(1)         Refusal                                 "VU COMMAND
as to           Affirmed                                LINE"
goods in        as to Class 9                           [an extensive
Class 9 and     and Class 42                            list of
services in                                             computer-related
Class 42                                                and computer
(of applicant's                                         game-related
7-class                                                 goods in Class 9
application)                                            and services
                                                        in Class 42]

2(e)(5)         Refusal                                 configuration of
[de jure        Affirmed                                a flared,
functionality]; on both                                 kite-shaped
whether, if     grounds                                 outside front
not de jure                                             panel of a baby
functional,                                             carrier with two
applicant's                                             vertical stripes
mark has                                                placed thereon
acquired                                                [soft baby
distinctiveness                                         carriers worn on
under 2(f)                                              the body]

2(e)(4)         Refusal                                 "LINDEMAN &
                Affirmed                                SONS"
                                                        [pianos]

2(a)            Refusal                                 "O-O-NOTHING!"
[false          Reversed                                (and design),
suggestion of   in all seven                            "NIGHT MISSION"
a connection    cases                                   (and design),
with the artist                                         "SOUTHERN
Alberto Vargas                                          COMFORT"
(first four                                             (and design),
applications                                            "SLEEPY TIME
listed)                                                 GAL"
or the artist                                           (and design),
Gil Elvgren                                             "LASSIE I'M
(last three                                             HOME"
applications                                            (and design),
listed)]                                                and
                                                        "SURPRISE
                                                        ATTACK"
                                                        (and design)
                                                        [all six marks
                                                        for newsletters,
                                                        brochures,
                                                        books, postcards,
                                                        greeting cards,
                                                        posters,
                                                        stationery, and
                                                        flyers, all in
                                                        the field of
                                                        aviation history];
                                                        "SURPRISE ATTACK"
                                                        (and design)
                                                        [computer software
                                                        for use with
                                                        aviation artwork
                                                        which provides
                                                        aviation artwork
                                                        for display,
                                                        creating images,
                                                        archiving artwork
                                                        displaying
                                                        graphics and
                                                        charts of
                                                        historical data]

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

                                                No

                                                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