Type Proceeding Date of or Party/ Issued Case (1) App'n No. Parties 7-8 EX 74/532,461 Russell-Newman, Inc. 7-8 EX 74/616,518 Bath & Body Ele- ments-World Bead Co., Corporate, Inc. 7-9 EX 74/457,278 Rug Doctor, L. P. 7-9 EX 74/546,080 Omega Research, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "CALIFORNIA Affirmed DESIGN BY NIGHT" [women's and girls' apparel, namely, dresses, skirts, pants, jackets, vests, blouses, shorts, evening dresses, intimate apparel, etc.] 2(d); Refusal "WORLD BEAD requirement Affirmed COMPANY" for a more (on all (and design) definite grounds) [beads and bead identifica- related acces- tion of sories; retail goods; re- store services quirement featuring com- under Sec. 6, ponent jewelry] for dis- claimer of phrase "BEAD COMPANY" whether the Refusal "WITH THE matter as- Affirmed VIBRATING serted for (on both BRUSH" registration grounds) [machines for ex- functions as tracting dirt and a mark for foreign matter applicant's from rugs, car- goods (or is pets, and the merely an like] informational slogan) and, if so, whether the mark is distinctive under Sec. 2(f) 2(e)(1) Refusal "WALL STREET Reversed ANALYST" [computer software to assist in making investment decisions] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB "NIGHT" No [clothing, namely, blouses, skirts, sweaters, slacks, evening gowns, jackets, scarves, hats, stockings, boots, shoes, and slippers; purses and hand bags; jewelry] "WORLD BEADS" No (and design) [retail store services featuring beads and bead related products] No No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION