United States Patent and Trademark Office OG Notices: 22 August 2006

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

7-19            OPP             91121054                itote Inc. v. totes
                CANC            92040619                Isotoner
                CANC            92040732                Corporation
                CANC            92041389

                OPP             91155989                totes Isotoner
                                                        Corporation v.
                                                        itote Inc.


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

genericness;    Opposition                              "TOTES"
fraud           Dismissed;                              [backpacks, day
                Petitions                               packs, belt bags,
                to Cancel                               all purpose sports
                Dismissed                               bags, duffle bags,
                                                        and briefcases];
                                                        "TOTES"
                                                        [carrying cases and
                                                        pouches for
                                                        overshoes,
                                                        raincoats, and
                                                        umbrellas];
                                                        "TOTES"
                                                        [fabric carryalls
                                                        with umbrella
                                                        storage
                                                        compartment];
                                                        "TOTES SPORT"
                                                        [backpacks,
                                                        carryall bags,
                                                        duffel bags, and
                                                        fanny packs]

2(d)            Opposition      "TOTES"                 "ITOTE PC"
                Dismissed       [backpacks, day packs,  [in Class 9:
                in both         belt bags, all purpose  carrying cases,
                classes         sports bags, duffle     backpacks, carry on
                                bags, and briefcases];  bags, school bags,
                                "TOTES"                 tote bags, travel
                                [carrying cases and     bags and
                                pouches for overshoes,  briefcases, all
                                raincoats, and          specifically
                                umbrellas];             designed to carry
                                "TOTES"                 and transport
                                [fabric carryalls       portable computers;
                                with umbrella storage   in Class 18:
                                compartment];           carrying cases,
                                "TOTES SPORT"           backpacks, carry on
                                [backpacks, carryall    bags, school bags,
                                bags, duffel bags, and  tote bags, and
                                fanny packs]            briefcases]


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