United States Patent and Trademark Office OG Notices: 31 October 2006

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

9-29            EX              76571967                GINC UK Ltd.

9-29            EX              78413033                Empower
                EX              78413043                Technologies, Inc.


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

2(d)            Refusal                                 "ZOGGS"
                Affirmed                                [swimwear,
                                                        swimsuits, swim
                                                        caps, warm-up
                                                        suits, t-shirts,
                                                        jackets, wet
                                                        suits, shorts,
                                                        socks, sun visors,
                                                        sun hats and sun
                                                        caps, sports
                                                        clothing, sandals,
                                                        beach shoes, sports
                                                        shoes, plimsolls,
                                                        training shoes]

2(d)            Refusal                                 "LINUXDA" and
                Affirmed                                "LINUXDA EMBEDDED"
                in both                                 (and design)
                cases                                   [both marks for:
                                                        computer software
                                                        and hardware,
                                                        namely, operating
                                                        system programs,
                                                        data synchroniza-
                                                        tion programs,
                                                        server software;
                                                        and a number of
                                                        other goods]


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

"ZOG"                                           No
(and design)
[outerwear, namely,
t-shirts, sweat shirts,
coats, jackets, cover-ups,
caps, hats, swim suits and
wet suits, and inner wear,
namely, a body-conforming
unitard]

"LINUX"                                         No
[computer operating system
software to facilitate
computer use and operation]


(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