IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`G
`
`—-I
`
`~3
`
`Opposition No. 116,937
`
`In the matter of:
`
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`Application Serial No. 75/696383 357*?‘
`Mark: COOLLINK
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`
`STERLING SOFTWARE, INC.
`
`vs.
`
`Opposer,
`llllllllllllIll||ll|llllllllllllllllllllllllllll
`
`0508-2002
`u.s. Pawn! a. TMOfcITM Man Rapt 01- "74
`
`COOL PARTNERS, L.L.C.
`
`Applicant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`Filed on May 3, 1999
`
`Published in the Official Gazette
`on December 14, 1999
`
`MOTION TO SUSPEND
`
`Applicant moves to suspend the above-referenced opposition proceeding in accordance
`
`with TBMP §5l0.03. Applicant filed a voluntary petition for bankruptcy under Chapter 7 on
`
`January 22, 2002. Thus, under 11 U.S.C. §362 the above-referenced opposition proceeding
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`should be stayed as of January 22, 2002.
`
`Accompanying this Motion is a copy of Applicant’s Petition for Bankruptcy.
`
`Respectfully submitted on this 30th day of April, 2002.
`
`_££@e______
`
`Robin A. Brooks
`
`MUNSCH HARDT KOPF & HARR, P.C.
`
`1445 Ross Avenue, Suite 4000
`
`Dallas, Texas 75202
`Office: (214) 855-7585
`Fax:
`(214) 855-7584
`ATTORNEY FOR APPLICANT
`
`COOL PARTNERS, L.L.C.
`
`

`
`
`
`FORM Bl
`
`
`
`United States Bankruptcy Court
`Northern District of Texas, Dallas Division
`Vmumary Petition
`
`
`
`
`
`Name of Joint Debtor (Spouse) (Last, First, Middle):
`
`Name of debtor ( if individual, enter Last, First, Middle:)
`Cool Partners, Inc.
`
`
`
`
`
`All Other Names used by the Joint Debtor in the last 6 years
`(include married, maiden, and trade names):
`
`
`
`
`
`All Other Names used by the Debtor in the last 6 years
`(include married, maiden, and trade names):
`
`
`
`
`Coollink Broadcast Network; Coollink;
`CLBN; Cool Partners, LLC
`
`
` Soc. Sec./Tax l.D. No. (if more than one, state all):
`Soc‘ sec’/Tax I'D’ NO‘ (“more than one’ State an):
`75-2883709; 75-2783843
`
`
`
` Street Address of Debtor: (No. & Street, City, State and Zip
`
`Street Address of Joint Debtor:
`
`(No. & Street, City, State and Zip Code):
`
`Code):
`6780 Abrams Road
`
`Suite 103; PMB 126
`
`Dallas, TX 75231
` County of Residence or of the
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`
`
`
`
`County of Residence or of the
`Principle Place of Business: Dallas
`
`Principle Place of Business:
`
`Mailing Address of Debtor_ (if different from street address):
`
`Mailing Address ofJoint Debtor (ifdifferent from street address):
`
`Location of Principal Assets of Business Debtor
`(ifdifferent from addresses listed above): Sandstream Networks Inc., 1955 Lakeway Dr., Ste. 230, Lewisville, TX 75057 AND
`U-Haul Tollway #741027, 1501 N. Dallas Parkway, Plano, TX 75093, Units 1000-, 1057, 1301, 1326, 1328, 2046, 2325 & 2327
`Information Regarding the Debtor (Check Applicable Boxes)
`'
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`
`
`
`
`
`
`
`
`Venue (Check any applicable box)
`I Debtor has been domiciled or has had a residence, principal place ofbusiness, or principal assets in this District for I80 days immediately preceding the date ofthis petition or for a
`longer part ofsuch I80 days than in any other District.
`..
`U There is a bankruptcy case concerning debtor's affiliate. general partner, or partnership pending in this District.
`
`
`
`
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`Chapter or Section of Bankruptcy Code Under Which
`the Petition ls Filed (Check one box)
`I Chapter7
`El Chapter 11
`U Chapter [3
`
`U Chapter9
`Cl Chapterl2
`
` 11 Sec. 304 - Case ancillary to foreign proceeding
`V
`' Filing Fee (Check one box)
`
`U 1ndividua1(s)
`I Corporation
`El Partnership
`U Other
`
`Type of Debtor (Check all boxes that apply)
`E] Railroad
`U Stockbroker
`El Commodity Broker
`
`
`
`
`
`
` Nature of Debts (Check one box)
`I Business
`
`Consumer/Non-Business
`
`I Full Filing fee attached
`[1 Filing fee to be paid in installments. (Applicable to individuals only).
`Must attach signed application for the court’s consideration
`'“ ‘‘ "UNl'1‘E1) S’1‘A"I'ES KANKKUPTCX count‘ .
`
`NORTHERN DISTRICT OF TEXAS
`RECEIPT
`§"(Z“:i°§'é”?"0“”2""-'§i)”2i“4“'
`Cf‘ii’?z”fi’t<:’”"f”’7”§""""""”"""""”"’"§”“0i3”il'i“3VI§?t”I"0”"1”"1}”1i”"””""WW“"l‘
`Statistical/Administrative lnfomiation (Estimates only)
`U Debtor estimates that funds will be available for distribution to unsecured Cl §Fi-led: 12331 PM: 01/22/02
`Dallas
`12335 PM, January 22, 2002
`‘
`Code
`Qty
`Amounfi
`I Debtor estimates that, afier any exempt property is excluded and administral
`available fordistribution to unsecured creditors.
`Judge: Harold C_ Abramson
`1
`$20000
`07
`1-15
`16-49
`50-99
`_
`.
`Estimated Number of Creditors * (See Attached)
`§Tmstee‘ Robert Yaqumm
`C1
`§Debtor(s):
`Cool Partners, Inc.
`550,0
`$100 --——»«-~ ~:~—----~~«--;-~——-—~»--~ \—-«-~~~a-—~——
`at
`First Meeting of Creditors
`i
`
`
`11:20 AM, February 22, 2002
`TDTAL Pain: szoimo
`i Room 524, Dallas
`Estimated Dfibls
`From: Joe E. Marshall
`§M11fl5Ch. Hardta K0Pf, Hal‘! & Dinah
`$333700
`sroo.ooo
`$500,000
`rr,ooo.ooo siomillion
`550million
`S100 Office ofthe U-S- Trustee
`$50,00l to $100,001 to S500,00l to $l,000.00llo Sl0,000,00lto 550,4 E
`§ 1445 Ross Ave., Suite 4000
`D
`D
`E]
`El
`E]
`I
`El
`1 1100 Commerce St., Room 524
`Dallas, TX 75242
`E Dallas, TX 75202-2790
`......_..2..2..,....i....,....._.......a.....a.......—t.w...
` ii2E
`
`
`
`
`
`DC!
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`Chapter I 1 Small Business (check all boxes that apply)
`Debtor is a small business as defined in ll U,S.C. §
`l0l
`Debtor is and elects to be considered a small business under
`11 U.S.C. § l12l(e) (Optional)
`
`
`
`
`.
`'
`
`
`
`\,_=,_r,;
`
`3
`
`E
`
`E
`§
`
`i i
`
`Estimated Assets
`so to
`$50,001 to sroo,ooi to $500,001 to 51,000,001 to Sl0,000,00l to
`550,000
`$100,000
`$500,000
`$1,000,000
`$10 million
`$50 million
`U
`D
`D
`I
`U
`D
`
`I
`
`U
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`

`
`
`
`
` Voluntary Petition:
`
` Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (Ifmore than one, attach additional sheet.)
`Case Number:
`
`
`
`Signatures
`
`
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`Name of Debtor(s);
`C001 Partners, Inc.
`
`.
`
`FORM 31, page 2
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`(T/rir page must be completed andfiled in every case)
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`
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`Prior Bankruptcy Case Filed Within Last 6 Years (If more than one, attach additional sheet)
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`Location
`Where Filed:
`
`N/A
`
`. Case Number:
`
`Date Filed:
`
`Name of Debtor:
`N/A
`
`
`
`Date Filed:
`
`
`
`
`Signature of Debtor (Corporation/Partnership)
`I declare under penalty_ of perjury that the information provided in this petition
`is true and correct, and that I have been authorized to file this petition on behalf
`of the debtor has been authorized
`
`
`
`The debtor requests reliefin accordance with the chapter of title 11, United
`States Code, specified in this petition.
`
`Signature ofAuthori2ed lndiv' ual
`
`Richard Millman
`
`Printed Name of Authorized Individual
`
`Signature(s) of Debtor(s) (Individual/Joint)
`I declare under penalty of perjury that the information provided in this petition is
`true and correct.
`(If petitioner is an individual whose debts are primarily consumer debts and has
`chosen to file under chapter 7) I‘ am aware that I may proceed under chapter 7,
`l l, 12 or 13 of title 11, United States Code, understand the relief available under
`each such chapter, and choose to proceed under chapter 7.
`.
`I request relief in accordance with the chapter of title II, United States Code,
`specified in this petition.
`X
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`Signature of Debtor
`
`
`
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`
`
`
`
`X
`X
`Signature of Joint Debtor
`
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`Telephone Number (If not represented by attorney)
`Date
`
`
`
`
`
`
`President
`Title of Authorized Individual
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`
`
` ’ Signafure ofAttorney
`
`
`
`Date January
`
`2
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`,
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`Signature of Non-Attomey Petition Preparer
`
`I certify that I am a bankruptcy petition preparer as defined in 1 I U.S.C. §1 10,
`that I prepared this document for compensation, and that I have provided the
`debtor with a copy of this document.
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`
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`
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`Attoey for Debtor(s)
`
`
`. Marshall Es. TBN 1303110
`-
`- Name of Attorney for Debtor(s)
`_
`unsch Hardt K0 f & Harr P.C.
`
`
`Printed Name of Bankruptcy Petition Preparer
`Firm Name
`_
`——-_————_-———-———-——————-———————-——
`4000 Fountain Place 1445 Ross Avenue
`Social Security Number
`Address
`
` Dallas Texas 75202-2790
`
`
`Address
`(214) 855-7500
`Telephone Number
`Janua
`/ 2002
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`
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`
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`Names and Social Security numbers ofall other individuals who prepared or assisted
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`in preparing this document:
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`
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`If more than one person prepared this document, attach
`Additional sheets confonning to the appropriate official form for
`each person.
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`
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`
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`Exhibit A
`
`
`
`(To be completed if debtor is required to file periodic reports
`(e.g., fomts 10K and IOQ) with the Securities and Exchange
`Commission pursuant to Section 13 or l5(d) of the Securities
`Exchange Act of 1934 and is requesting relief under chapter I 1)
`
` Signature of Bankruptcy Preparer
`
`El Exhibit A is attached and made a part of this petition.
`Exhibit B
`Date
`(To be completed if debtor is an individual
`whose debts are primarily consumer debts)
`I, the attorney for the petitioner named in the foregoing petition, declare that I
`have informed the petitioner that [he or she] may proceed under chapter 7, ll, 12,
`or 13 oftitle 11, United States Code, and have explained the reliefavailable
`under each such chapter.
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`
`
`
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`A bankruptcy petition preparer’s failure to comply with the provisions of title A
`1 1 and the Federal Rules of Bankruptcy Procedure may result in fines or
`imprisonment or both 11 U.S.C. §l I0; 18 U.S.C. §l56
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`
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` X
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`Signature ofAttomey for Debtor(s)
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`
`

`
`
`
`I
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`* Debtor was previously in the business of providing, among other things, ISP services (Internet dial-up service)
`to residential and commercial customers. Debtor's ISP services-were provided to its customers on a twelve month
`pre-paid basis. As part of the sale of its ISP division to Earthlink Services, Inc. in November, 2000, ISP
`customers may have claims based on the Debtor's failure to fulfill its pre-paid service obligations. The maximum
`obligation owedto any one ISP customer was $75. There were approximately l7,500 ISP customers on the date
`of the division sale. As of this date, only a nominal number of rebate claims have been made.
`
`DALLAS S76226_1
`
`5015.1
`
`

`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing document has been served
`on Opposer’s counsel on April 30, 2002, by depositing same with the United States Postal
`Service for delivery by Certified Mail, Return Receipt Requested, addressed as follows:
`
`Anita Nesser
`
`BAKER BOTTS, L.L.P.
`2001 Ross Avenue, Suite 1000
`
`Dallas, Texas 75201-2980
`
`__.@'_4_¢*/_________
`
`Robin A. Brooks
`
`DALLAS 606901_1
`
`5015.4
`
`

`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 116,937
`
`In the matter of:
`
`Application Serial No. 75/696,383
`Mark: COOLLINK
`
`Filed on May 3, 1999
`
`Published in the Official Gazette
`on December 14, 1999
`
`§ §
`
`§ §
`
`§
`§
`§
`
`§ §
`
`§
`§
`§
`§
`
`STERLING SOFTWARE, INC.
`
`Opposer,
`
`vs.
`
`COOL PARTNERS, L.L.C.
`
`Applicant.
`
`CERTIFICATE OF MAILING
`
`I hereby certify that this Motion to Suspend, Certificate of Service, and Return Receipt
`Postcard is being deposited with the United States Postal Service with sufficient postage as First
`Class Mail in an envelope addressed to: Director of the United States Patent and Trademark
`Office, Trademark Trial and Appeal Board, 2900 Crystal Drive, Arlington, Virginia 22202-3513
`on the date indicated below.
`»
`
`‘ V
`
`ikki R. Colvin
`
`53 9- 320 ~ 062
`
`Munsch Hardt Kopf & Harr, P.C.
`1445 Ross Avenue, Suite 4000
`
`Dallas, Texas 75202-2790
`
`Tel. (214) 855-7500
`Fax. (214) 855-7584
`
`DALLAS 60690l_l
`
`5015.4