United States Patent and Trademark Office OG Notices: 30 September 2003

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

8-29            EX              75/714,344              Stephen Dossick,
                EX              75/714,345              M.D.
                EX              75/754,818

8-29            EX              75/853,926              Old European
                                                        Brewing Co.

8-29            EX              76/223,029              Neways, Inc.


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

2(e)(1)         Refusal                                 "MP3JAPAN" and
[descriptive-   Affirmed                                "MP3NEWYORK"
ness or mis-    in all three                            [both marks
descriptive-    cases but                               for providing
ness];          based only                              on-line agazines,
2(e)(2);        on 2(e)(1)                              newsletters,
2(e)(3)         descrip-                                directories
                tiveness                                and books (in
                and                                     various fields);
                2(e)(2)                                 providing search
                                                        engines for
                                                        obtaining data on
                                                        a global computer
                                                        network (in
                                                        various fields);
                                                        providing on-line
                                                        computerized
                                                        databases (in
                                                        various fields)];
                                                        "MP3NEWYORK"
                                                        [broadcasting
                                                        programs via a
                                                        global computer
                                                        network; pro-
                                                        viding on-line
                                                        chat rooms and
                                                        on-line electronic
                                                        bulletin boards
                                                        for transmission
                                                        of messages among
                                                        computer users
                                                        (concerning
                                                        various fields)]

2(e)(2)         Refusal                                 "NEDERLAND"
                Affirmed                                [beer]

2(d)            Refusal                                 "PROMEGA"
                Affirmed                                [herbal weight
                                                        loss supplement]


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

                                                No

                                                No

"PROOMEGA"                                      No
[natural dietary
omega-3 fish oil
supplement, derived
from fish]


(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