United States Patent and Trademark Office OG Notices: 20 September 2005

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

8-18            CANC            92042736                Essential Medical
                                                        Supply, Inc. v.
                                                        Invacare Corp.

8-18            OPP             91154055                Blue Man
                                                        Productions, Inc.
                                                        v. Erich Tarmann


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

2(d);           Petition        "ESSENTIAL MEDICAL      "ESSENTIAL"
affirmative     to Cancel       SUPPLY, INC."           [wheelchair
defense of      Granted         (and design)            cushion]
laches                          [wheelchair
                                cushions]

2(d);           Opposition      "BLUE MAN GROUP"        "BLUEMAN"
dilution        Dismissed       [entertainment          [tobacco, smokers'
                                services in the         articles, namely,
                                nature of live          cigarettes]
                                musical and
                                theatrical
                                performances;
                                musical sound
                                recordings;
                                decorative
                                magnets; postcards
                                and posters; hats,
                                t-shirts,
                                sweatshirts; mugs;
                                watches, ornamental
                                pins; jackets and
                                caps; prerecorded
                                videos]


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

                                                No

                                                Yes


(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