United States Patent and Trademark Office OG Notices: 01 February 2005

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

12-30           OPP             91108265                H-D Michigan,
                (R)                                     Inc. v. Boutique
                CANC            92027073                Unisexe El Baraka,
                (R)                                     Inc. and 3222381
                CANC            92029665                Canada, Inc.
                (R)


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

2(d); fraud     Request         "HARLEY-DAVIDSON        91108265 -
[asserted in    for Recon-      SCREAMIN' EAGLE         "SCREAMING EAGLE"
all three       sideration      PERFORMANCE PARTS"      [in Class 14:
proceedings]    Denied          (and eagle design)      jewelry, namely,
                (Opposition     [motorcycle parts       pendants, earrings,
abandonment     Sustained       and accessories;        bracelets, rings,
[asserted       as to all       belt buckles;           brooches;
only in the     classes of      baseball caps;          in Class 16:
two             goods but       pins, lighters;         posters;
cancellation    on 2(d)         patches/emblems]        in Class 18:
proceedings]    grounds                                 wallets, handbags,
                only and                                satchels, cyclist
                Both                                    bags, key cases;
                petitions                               in Class 21:
                to Cancel                               beer mugs;
                Granted as                              in Class 25:
                to all                                  undershirts,
                classes of                              shorts, swimsuits,
                goods on                                dresses, skirts,
                2(d)                                    pajamas, caps,
                grounds                                 scarves, head-
                and on                                  bands; crest;
                grounds of                              leather skirts and
                abandonment)                            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, headbands,
                                                        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