United States Patent and Trademark Office OG Notices: 02 November 2004

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

9-30            OPP             91108265                H-D Michigan,
                CANC            92027073                Inc. v.
                CANC            92029665                Boutique
                                                        Unisexe El
                                                        Baraka,
                                                        Inc. and
                                                        3222381
                                                        Canada, Inc.

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

2(d); fraud     Opposition      "HARLEY-                91108265--
[asserted in    Sustained       DAVIDSON                "SCREAMING EAGLE"
all three       as to all       SCREAMIN' EAGLE         [in Class 14:
proceedings]    classes of      PERFORMANCE             jewelry, namely,
abandonment     goods but on    PARTS"                  pendants,
[asserted       2(d) grounds    (and eagle              earrings,
only in the     only and        design)                 bracelets, rings,
two             Both petitions  [motorcycle parts       brooches;
cancellation    to Cancel       and accessories;        in Class 16:
proceedings]    Granted as to   belt buckles;           posters;
                all classes of  baseball caps;          in Class 18:
                goods on 2(d)   pins, lighters;         wallets, handbags,
                grounds and on  patches/emblems]        satchels, cyclist
                grounds of                              bags, key cases;
                abandonment                             in Class 21:
                                                        beer mugs;
                                                        in Class 25:
                                                        undershirts,
                                                        shorts, swimsuits,
                                                        dresses, skirts,
                                                        pajamas, caps,
                                                        scarves,
                                                        head-bands; crest;
                                                        leather skirts and
                                                        coats, caps; eye
                                                        shades; and jeans]
                                                        92027073--
                                                        "SCREAMING EAGLE"
                                                        [in Class 21:
                                                        coffee mugs;
                                                        in Class 25:
                                                        t-shirts, belts,
                                                        sweat-shirts,
                                                        pants; leather
                                                        jackets]
                                                        92029665--
                                                        "SCREAMIN' EAGLE"
                                                        [in Class 18:
                                                        wallets,
                                                        handbags,
                                                        satchels, cyclist
                                                        bags, key cases,
                                                        purses;
                                                        in Class 25:
                                                        belts,
                                                        sweatshirts,
                                                        pants, jeans,
                                                        camisoles, shorts,
                                                        bathing suits,
                                                        dresses, skirts,
                                                        pajamas, caps,
                                                        hats, visors,
                                                        scarves,
                                                        head-bands,
                                                        wristbands; leather
                                                        skirts, jackets,
                                                        coats, pants,
                                                        gloves and boots;
                                                        in Class 26:
                                                        belt buckles not
                                                        of precious metal;
                                                        brooches not of
                                                        precious metal]

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