United States Patent and Trademark Office OG Notices: 19 December 2006

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

11-14           OPP             91150887                The Black Dog
                OPP             91151592                Tavern Company,
                                                        Inc. v. Elizabeth
                                                        A. Frechette


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

2(d)            Opposition      a registered design     design
                Sustained       mark incorporating a    incorporating a
                in both         graphic representation  graphic
                oppositions     of a standing black dog representation of
                and as to       (in near-silhouette)    a dog in silhouette
                all classes     [a wide variety of      [in Class 16: paper
                                goods in a number of    articles, namely,
                                classes and including   photographs,
                                the following: in Class calendars, and
                                16: playing cards, ball stationery; in
                                point pens, stamp pad   Class 21: beverage
                                sets, pencil cases,     glassware; in Class
                                bookmarks, and          25: t-shirts,
                                bookends; in Class 21:  sweatshirts,
                                beverage glassware and  jackets, pants and
                                other goods; in Class   hats] and design
                                25: hats, t-shirts,     incorporating a
                                sweatshirts and         graphic
                                shorts] and [common law representation of a
                                use of the registered   dog in silhouette
                                standing black dog      [in Class 35:
                                design mark in          retail store
                                connection with         featuring gift
                                calendars, posters,     items]
                                retail general store
                                services, etc.]
                                and the registered mark
                                "THE BLACK DOG"
                                [a wide variety of
                                goods and services, in
                                a number of classes
                                and including the
                                following: catalogues
                                published periodically
                                featuring clothing,
                                food, jewelry,
                                toys and gift items]


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

                                                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