United States Patent and Trademark Office OG Notices: 08 August 2006
Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 7-7 OPP 91158096 ESPN, Inc. v. Kurt Luttermoser 7-7 OPP 91156646 America Online, (SJ) Inc. v. Franklin Loufrani Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d); 2(a) Opposition "X GAMES" and "X "A GAMES" (false Dismissed GAMES" and design [entertainment suggestion [both registrations services in the of a for organizing and nature of a live connection); conducting competi- sporting event and 2(f), tions featuring a featuring aggres- 43(c) wide variety of sive in-line (dilution) sports; an ongoing skating, skate- television series boarding, sky- featuring a wide diving, motor cross variety of sports racing, barefoot events]; water skiing, wake- "X GAMES" and "X boarding, wave GAMES" and design runner racing and [both registrations mountain biking] for a wide variety of clothing items; and "X GAMES" [computer game and video game software] whether Opposition "SMILEY" and design mark is sustained of smiling face non-dis- on all [wide range tinctive, claims but of goods and merely only as to services in descriptive, services numerous classes] or generic; deleted fraud from application by applicant Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB No 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