United States Patent and Trademark Office OG Notices: 08 August 2006

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

7-7             OPP             91158096                ESPN, Inc. v.
                                                        Kurt Luttermoser

7-7             OPP             91156646                America Online,
                (SJ)                                    Inc. v.
                                                        Franklin Loufrani


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

2(d); 2(a)      Opposition      "X GAMES" and "X        "A GAMES"
(false          Dismissed       GAMES" and design       [entertainment
suggestion                      [both registrations     services in the
of a                            for organizing and      nature of a live
connection);                    conducting competi-     sporting event
and 2(f),                       tions featuring a       featuring aggres-
43(c)                           wide variety of         sive in-line
(dilution)                      sports; an ongoing      skating, skate-
                                television series       boarding, sky-
                                featuring a wide        diving, motor cross
                                variety of sports       racing, barefoot
                                events];                water skiing, wake-
                                "X GAMES" and "X        boarding, wave
                                GAMES" and design       runner racing and
                                [both registrations     mountain biking]
                                for a wide variety
                                of clothing items;
                                and "X GAMES"
                                [computer game and
                                video game
                                software]

whether         Opposition                              "SMILEY" and design
mark is         sustained                               of smiling face
non-dis-        on all                                  [wide range
tinctive,       claims but                              of goods and
merely          only as to                              services in
descriptive,    services                                numerous classes]
or generic;     deleted
fraud           from
                application
                by applicant


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