United States Patent and Trademark Office OG Notices: 22 May 2007

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

4-17            EX              78076812                Lens.com, Inc.

4-17            EX              78349181                Active Ankle
                                                        Systems, Inc.

4-18            EX              78154263                Ayurvedic Concepts,
                                                        Ltd.

4-20            OPP             91125739                Sexy Hair Concepts,
                                                        LLC


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

2(e)(1)         Refusal                                 "LENS"
[genericness];  Affirmed                                [retail store
whether, if     on both                                 services featuring
not generic,    grounds                                 contact eyewear
applicant's                                             products rendered
mark has                                                via a global
acquired                                                computer network]
distinctiveness
under Section
2(f)

genericness     Refusal                                 "DORSAL NIGHT
[whether        Affirmed                                SPLINT"
applicant's                                             [orthopedic splints
mark is                                                 for the foot and
registrable                                             ankle]
on the
Supplemental
Register]

genericness     Refusal                                 "NAIL CARE"
[whether        Affirmed                                [nutritional
applicant's                                             supplements]
mark is
registrable
on the
Supplemental
Register]

2(d)            Opposition      a family of marks       "SO SEXY"
                Sustained       distinguished by the    [hair care
                                word "SEXY," all for    products, namely,
                                hair care products      hair conditioner,
                                                        hair dyes, hair
                                                        glitter, hair
                                                        highlighter, hair
                                                        mascara, hair
                                                        pomade, hair
                                                        rinses, hair
                                                        removing creams,
                                                        hair shampoo, hair
                                                        spray, hair
                                                        straightener, hair
                                                        styling gel and
                                                        hair styling
                                                        mousse]


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

                                                Yes

                                                Yes

                                                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