United States Patent and Trademark Office OG Notices: 14 Aug 2007

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

7-11            EX              76647446                Greenwood Lake
                                                        Health Spot Inc.

7-11            OPP             91154398                Drowning Pool LLC
                                                        v. Drowning Pool



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

2(d),           2(d) refusal                            "NATURAL MOTION
Disclaimer      affirmed as                             UNIVERSAL GYM"
                to all cited                            [exercise equipment
                registrations;                          in the form of
                Disclaimer                              single and multiple
                Requirement                             station weight-
                Affirmed                                lifting machines]

2(d);           Opposition      "DROWNING POOL"         "DROWNING POOL"
Abandonment     Sustained       [prerecorded audio      [series of audio
                                discs, tapes and        records, audio
                                phonographic            cd's, audio tapes,
                                records featuring       and cassettes,
                                music; clothing;        video cassettes,
                                and entertainment       and DVD's featuring
                                services]               music and musical
                                                        performances;
                                                        and live musical
                                                        performances]


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

3 registrations owned                           No
by same entity:
"UNIVERSAL"
[various items of
exercise equipment,
including single and
multiple station
exercise machines];
"UNIVERSAL FITNESS"
[various items of
exercise equipment
including home gyms
and various manually
operated lift systems];
and "UNIVERSAL FITNESS"
(and design)
[various items of
exercise equipment
including weight
training machines and
various manually
operated weight lifting
machines]

                                                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