United States Patent and Trademark Office OG Notices: 16 Oct 2007

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

9-13            EX              75516355                RCPI Landmark
                                                        Properties, LLC

9-13            EX              78100399                Fitracks, Inc.

9-13            EX              78649350                Masonite
                                                        International Corp.

9-13            EX              78565462                Madson Products,
                                                        LLC

9-13            EX              76638379                Billington
                EX              76638381                Imports

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

whether         Refusal                                 design mark
applicant's     Affirmed                                consisting of a
drawing of its  as to all                               "depiction of
mark is a       classes                                 the mythological
substantially                                           figure Atlas
exact                                                   holding an
representation                                          armillary sphere"
of the mark it                                          [goods and services
uses in                                                 in Classes 6, 8,
commerce, as                                            9, 11, 14, 16, 20,
shown on its                                            21, 22, 25, 28, 30
specimens                                               and 36]
[mutilation]

whether         Refusal                                 "CLICK2FIT"
applicant's     Affirmed                                [online retail
specimens                                               services in
show use of                                             the field of
its mark in                                             footwear]
connection
with its
recited
services

2(d)            Refusal                                 "LES PORTES
                Affirmed                                CASCADES"
                                                        [doors not made
                                                        of metal]

2(e)(1)         Refusal                                 "YAK SAK"
                Reversed                                [fluid-tight
                                                        paper or
                                                        plastic utility
                                                        bags used for
                                                        motion sickness
                                                        and disposal of
                                                        unpleasant
                                                        matter]

2(d);           Refusal                                 "BIG TATOO RED"
Section 6       Affirmed                                and "BIG TATOO"
disclaimer      in both                                 [both marks for:
requirement     cases on all                            wine]
as to word      grounds
RED             asserted

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

                                                No

                                                No

"CASCADE"                                       No
[vinyl windows
and patio doors]

                                                No

"TATOO"                                         No
[alcoholic
beverages, namely,
distilled spirits]

(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