United States Patent and Trademark Office OG Notices: 23 May 2006

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

4-20            EX              75125078                PAHL, L.P.

4-20            EX              76529025                MBI
                                                        Distributing, Inc.


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

2(d)            Refusal                                 "PHANTOMS"
                Affirmed                                (and design)
                as to Class                             [in Class 14:
                25;                                     accessories,
                Refusal                                 namely, earrings
                Reversed                                and ornamental
                as to                                   lapel pins;
                Classes 14                              in Class 25:
                and 26                                  t-shirts, sweat
                                                        shirts, knit
                                                        shirts, jerseys,
                                                        jackets, coats,
                                                        shorts, pants,
                                                        sweat pants,
                                                        socks, shirts and
                                                        rainwear; headwear;
                                                        footwear;
                                                        in Class 26:
                                                        accessories,
                                                        namely, ornamental
                                                        novelty buttons;
                                                        ornamental novelty
                                                        pins; and hair
                                                        twists, namely,
                                                        hair ornaments in
                                                        the nature of
                                                        fabric covered
                                                        elasticized hair
                                                        holders]

2(d)            Refusal                                 "EARTH ESSENCE
                Affirmed                                NATURE-BEAUTY-
                                                        HEALTH"
                                                        (and design)
                                                        [dietary
                                                        supplements]


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

"PHANTOMS"                                      No
[t-shirts, sweatshirts,
and sweat pants]

"LIVING EARTH                                   No
ESSENCES"
[dietary supplements,
namely, flower essences
and plant essences,
prepared from plant
infusions in water,
generally preserved
with brandy, for
personal dietary use]


(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