United States Patent and Trademark Office OG Notices: 08 August 2006

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

7-5             EX              76552342                Comcast
                                                        Corporation

7-5             EX              76439661                Howard Leight
                                                        Industries, LLC

7-5             EX              76560855                GMAC Mortgage
                                                        Corporation


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

2(d)            Refusal                                 "THE FAN"
                Affirmed                                [entertainment
                                                        services, namely
                                                        providing access
                                                        to articles, files
                                                        and audio and
                                                        video clips in the
                                                        fields of inter-
                                                        national, national
                                                        and local news,
                                                        entertainment,
                                                        motion pictures,
                                                        music, television
                                                        and sports through
                                                        an online
                                                        multimedia player]

2(e)(5);        Refusal                                 "Configuration of
alternative-    Affirmed                                an ear plug"
ly, lack of                                             ["The mark consists
acquired dis-                                           of a bullet-shaped
tinctiveness                                            earplug with a
under                                                   vertical axis, a
Section 2(f)                                            rounded bottom,
                                                        and a radially
                                                        outwardly flared
                                                        top"]
                                                        [earplugs for noise
                                                        protection formed
                                                        of slow recovery
                                                        resilient foam
                                                        material]

2(e)(1)         Refusal                                 "WORKPLACE
[descriptive]   Affirmed                                HOME-LOANS"
                                                        [real estate
                                                        mortgage banking
                                                        and lending
                                                        services; loan
                                                        origination and
                                                        financing via a
                                                        global communica-
                                                        tions network]


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

"THE FAN"                                       No
[radio broadcasting
services]

                                                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