United States Patent and Trademark Office OG Notices: 04 October 2005

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

8-29            OPP             91152638                Hasbro, Inc. v.
                                                        Mitchell W. Goldman

8-31            OPP             91150250                Boomerang.com, Inc.
                                                        v. Market Tools,
                                                        Inc.


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

2(d);           Opposition      "COTTON CANDY"          "COTTON CANDY
counterclaim    Dismissed;      [toy pony]              CLOUD CASTLE"
for             Counterclaim                            [a variety of toys,
cancellation    to Cancel                               including: dolls,
on grounds      Granted                                 action figures,
of              (but only                               plush toys, and
abandonment     on ground                               puppets]
and fraud       of
                abandonment)

2(d)            Opposition      "BOOMERANG"             "ZOOMERANG" and
                Sustained       [automated              "ZOOMERANG"
                as to both      facsimile               (and "Z" design)
                opposed         retrieval and           [both marks for the
                applications    transmission            following services:
                in both         services]               in Class 35:
                classes         and "BOOMERANG          building and
                                INFORMATION             facilitating of
                                SERVICES"               market research
                                [services for           communities;
                                sending and             dissemination of
                                retrieving data,        information in the
                                namely, electronic      fields of adver-
                                transmission and        tising, marketing,
                                reception of data       and business via
                                via the Internet];      electronic mail;
                                and use of both         consultation in
                                marks in                the field of
                                conjunction with        survey research
                                telephone and           methods, real-time
                                e-mail survey           feedback, and
                                services                results; etc.
                                                        in Class 42:
                                                        providing use of
                                                        non-downloadable
                                                        computer software
                                                        for designing and
                                                        conducting surveys,
                                                        polls and other
                                                        feedback and
                                                        data collection
                                                        activities via
                                                        computer and
                                                        communication
                                                        networks; etc.]


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

                                                No

                                                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