United States Patent and Trademark Office OG Notices: 13 Nov 2007

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

10-11           EX              78533102                Matrix Operations
                                                        Company, LLC

10-11           EX              78336150                Esposito and
                                                        Esposito


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

2(d)            Refusal                                 "MATRIX PLUS"
                Affirmed                                (and design)
                                                        [computer software
                                                        for use by TV,
                                                        cable, print,
                                                        online and radio
                                                        media sources for
                                                        the development,
                                                        execution and
                                                        monitoring of
                                                        successful sales
                                                        strategies which
                                                        permit the user to
                                                        download historical
                                                        and prospective
                                                        sales data directly
                                                        from traffic
                                                        systems thereby
                                                        providing
                                                        up-to-date sales
                                                        information]

2(e)(4)         Refusal                                 "NUCCI'S ITALIAN
                Affirmed                                ICE AND GELATO"
                                                        [franchising,
                                                        namely, offering
                                                        technical
                                                        assistance in the
                                                        establishment
                                                        and/or operation of
                                                        retail stores
                                                        specializing in the
                                                        sale of Italian
                                                        ice, gelato, and
                                                        related products]


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

"MATRIX"                                        No
[computer program and
software, all of which
is used in the
marketing/marketing
research environment
to facilitate
understanding,
analysis, and
implementation of sales
and marketing data]

                                                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