United States Patent and Trademark Office OG Notices: 08 November 2005

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

10-4            EX              74734496                Bose Corporation
                (R)

10-4            EX              78326944                Sleepyheads.com
                                                        Inc


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

Requirements    Request for                             Product design,
for evidence    Reconsidera-                            namely design
and in regard   tion Denied                             of a loudspeaker
to drawing and  (Refusals on                            [loudspeaker
description;    Res Judicata                            systems]
Res Judicata;   and on De Jure
2(e)(5);        Functionality
De Jure         Affirmed;
functional      but other
configuration   Refusals
and, if not,    Reversed)
insufficient
evidence of
acquired dis-
tinctiveness

2(d)            Refusal                                 "SLEEPYHEADS.COM"
                Reversed                                [on-line retail
                                                        store services
                                                        featuring clothing]


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

                                                No

"SLEEPY-HEAD HOUSE"                             No
[retail store services
specializing in furniture
and bedding]


(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