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