United States Patent and Trademark Office OG Notices: 29 August 2006

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

7-24            EX              78389002                Ware

7-25            EX              78369245                Rodale Inc.

7-25            CANC            92031572                Lu Soro v.
                (SJ)                                    Citigroup, Inc.
                (R)


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

2(d)            Refusal                                 "DOWN IN SOUTHERN
                Affirmed                                COMFORT"
                as to all                               [men's, women's and
                four cited                              children's wearing
                registrations                           apparel, namely,
                                                        t-shirts, head
                                                        gear, foot gear,
                                                        shirts, pants,
                                                        dresses, blouses,
                                                        skirts, sport
                                                        jackets, sport
                                                        pants]

genericness     Refusal                                 "NUTRITION
(whether        Affirmed                                BULLETIN"
applicant's                                             [providing
mark is                                                 information in the
registrable                                             field of health and
on the                                                  diet via a web site
Supplemental                                            on the Internet]
Register)

whether         Request for     "CITIGROUP"             "CITIGROUP"
cancellation    Reconsideration [financial services]    [full range of
petitioner      Denied                                  insurance and
has standing    [Petition to                            financial services;
to file the     Cancel Denied                           banking services;
petition to     (Respondent's                           credit card
cancel          motion for                              services;
                summary                                 securities trading,
                judgment                                consulting and
                granted)]                               underwriting
                                                        services;
                                                        investment
                                                        services]


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

4 cited registrations,                          No
all owned by the same
entity:
"SOUTHERN COMFORT"
[clothing, namely,
shirts, caps, jackets,
etc.];
"SOUTHERN COMFORT
ESTABLISHED 1874,"
"SOUTHERN COMFORT"
(in stylized lettering),
and "SOUTHERN COMFORT
REG. U.S. PAT. OFF."
(and design)
[all three marks for:
footwear, hats,
t-shirts, shirts, pants,
jackets, etc.]

                                                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