United States Patent and Trademark Office OG Notices: 16 August 2005

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

7-12            EX              74734496                Bose Corporation

7-13            EX              76445173                Isabella Fiore, LLC

7-13            EX              78217142                @radical. media,
                                                        Inc.


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

Requirements    Refusals on                             Product design,
for evidence    Res Judicata                            namely design of a
and in regard   and on De Jure                          loudspeaker
to drawing      Functionality                           [loudspeaker
and             Affirmed;                               systems]
description;    but other
Res Judicata;   Refusals
2(e)(5);        Reversed
De Jure
functional
configuration
and, if not,
insufficient
evidence of
acquired
distinctiveness

2(e)(4)         Refusal                                 "FIORE"
                Reversed                                [wide variety of
                                                        bags, e.g., sport
                                                        bags, book bags,
                                                        backpacks, garment
                                                        bags, diaper bags,
                                                        and leather
                                                        shopping bags;
                                                        various carriers,
                                                        harnesses, leashes,
                                                        collars and other
                                                        items for animals;
                                                        various purses,
                                                        credit or business
                                                        card cases and
                                                        luggage tags;
                                                        luggage carts,
                                                        umbrellas and
                                                        parasols; cosmetic
                                                        and toiletry cases;
                                                        other items]

2(e)(1)         Refusal                                 "THE AD NETWORK"
                Affirmed                                [cable and
                                                        satellite
                                                        television
                                                        broadcasting
                                                        services]


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

                                                No

                                                Yes

                                                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