United States Patent and Trademark Office OG Notices: 02 October 2007

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

8-28            EX              78793347                Outlast
                                                        Technologies, Inc.

8-28            OPP             91168875                Apple Computer v.
                (SJ)                                    TVNET.net, Inc.


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

2(e)(1)         Refusal                                 "COLD WRAP"
                Affirmed                                [paper labels for
                                                        use on packaging
                                                        for foods and
                                                        beverages]

2(d)            Opposition      "ITUNES"                "VTUNES.NET"
                Sustained       [computer               [digital music
                (Opposer's      software for            video internet
                motion for      use in authoring,       downloads for
                summary         downloading,            entertainment
                judgment        transmitting,           purposes]
                granted)        receiving, editing,
                                extracting,
                                encoding, decoding,
                                playing, storing,
                                and organizing
                                audiodata; retail
                                store services in
                                the field of
                                entertainment,
                                namely, musical and
                                audiovisual works
                                and related mer-
                                chandise, provided
                                via the internet
                                and other computer
                                and electronic
                                communication
                                networks; providing
                                on-line facilities,
                                via a global
                                computer network,
                                to enable users to
                                program audio,
                                video, text and
                                other multimedia
                                content; providing
                                temporary use of
                                on-line non-down-
                                loadable software
                                to enable users to
                                program audio,
                                video, text and
                                other multimedia
                                content]


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

                                                No

                                                Yes


(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