IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 1 18,765
`
`In the matter of:
`
`§ §
`
`§ §
`
`STERLING SOFTWARE, INC.
`
`Opposer,
`
`vs.
`
`Illllillllllllllllllllllllllllllllilllllllllllllll
`
`§
`§
`05.03.2002
`§
`u.s. Pauma.TMO1clTM Mall Rep!oz#74 g
`COOL PARTNERS, L.L.C.
`§
`§
`§
`§
`
`Applicant.
`
`Application Serial No. 75/696,384
`Mark: COOLLINK AND DESIGN
`
`Filed on May 3, 1999
`
`._
`Published in the Official Gazette
`on December 21, 1999
`E;
`ct‘
`
`’
`
`- ,
`15”.‘
`25-.
`
`
`
`
`
`MOTION TO SUSPEND
`
`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
`
`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.
`
`
`
`
`
`'
`
` .
`
`.?/“-0.
`
`is
`
`"
`
`Robin A. Brooks
`
`
`
`
`
`MUNSCH HARDT KOPF & HARR, RC,“
`1445 Ross Avenue, Suite 4000
`/
`Dallas, Texas 75202
`Office: (214) 855-7585
`Fax:
`(214) 855-7584
`ATTORNEY FOR APPLICANT
`
`COOL PARTNERS, L.L.C.
`
`

`
` /
`
`J
`
`~
`FORM Bl
`
`Name of debtor ( if individual, enter Last, First, Middle:)
`Cool Partners, Inc.
`
`
`”
`_ United States Bankruptcy Court
`Northem District of Texas, Dallas Division
`
`
`nag __
`I -J
`J
`
`'7‘.
`
`‘
`
`C
`
`I
`
`Name ofloint Debtor (Spouse) (Last, First, Middle):
`
`Vmumary Petition
`
`
`
`
` All Other Names used by the Joint Debtor in the last 6 years
`All Other Names used by the Debtor in the last 6 years
`(include married, maiden, and trade names):
`(include married, maiden, and trade names):
`CLBN; Cool Partners, LLC
`
`Coollink Broadcast Network; Coollink;
`
`
`
`
`
`Soc. Sec./Tax ID. No. (if more than one, state all):
`
`75—2883709; 75—2783843
`
`Soc. Sec,/Tax l.D. No. (if more than one, state all):
`
`Street Address of Joint Debtor:
`
`(No. & Street, City, State and Zip Code):
`
`
`
`
`
`Street Address of Debtor: (No. & Street, City, State and Zip
`Code):
`6780 Abrams Road
`Suite 103; PMB 126
`Dallas, TX 75231
`
`‘
`
`Dallas
`
`County of Residence or of the
`Principle Place of Business:
`
`
`
`
`
`
`
`Mailing Address of Debtor (if different from street address):
`
`
`
`
`
`
`
`
`
`
`
`
`County of Residence or of the
`
`Principle Place of Business:
`
`
`'
`_
`_
`Location of Principal Assets of Business Debtor
`(if different from addresses listed above): Sandstream Networks Inc., 1955 Lakeway Dr., Ste. 230, Lewtsvtlle, TX 75057 AND
`
`U-Haul Tollway #741027, I501 N. Dallas Parkway, Plano, TX 75093, Units 1000, 1057, 1301, 1326, 1328, 2046, 2325 & 2327
`Information-Regarding the Debtor (Check Applicable Boxes)
`‘
`
`
`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 of this petition or for a
`
`
`longer part of such l80 days than in any other District.
`..
`'
`Cl
`There is a bankruptcy case concerning debtor's affiliate. general partner, or partnership pending in this District.
`
`Type ofDebtor (Check all boi_t_es that apply)
`Chapter or Section ofBankruptcy Code Under Which
`
`/
`E] gunman
`the Petition ls Filed (Check one box)
`D [ndividual(s)
`'
`Cl Stockbroker
`I Corporation
`I Chapter7
`D Commodity Broker
`El Chapter ll
`D Chapter 13
`Cl Partnership
`
`D Chapter9
`D Other
`U Chapter 12
`
` Cl Sec. 304 - Case ancillary to foreign proceeding
` Nature of Debts (Check one box)
`Filing Fee (Check one box)
`‘
`Cl Consumer/Non-Business
`I Business
`
`I Full Filing fee attached
`
`Chapter ll Small Business (check all boxes that apply)
`D Filing fee to be paid in installments. (Applicable to individuals only).
`I01
`[3 Debtor is a small businessas defined in H U.S.C. §
`Must attach signed application for the court's consideration
`U Debtor is and elects to be considered 3 small business under
`‘“ '
`" “UN1'1‘tsu S’1“A'I’ES 1szatNKKt‘JP'I'cy (,‘UUR'1'
`.
`ll U.S.C. § ll2l(e) (Optional)
`‘
`NORTHERN DISTRICT OF TEXAS
`;( ”Ca"§E"#"0'2T§‘l)7f3l'6"IIC"IZ§”M""“Clia"pfE”F7T“"”""”£f”il3“Owl”3‘E§?lT0”3Tl?"Rj
`Statistical/Administrative Information (Estimates only)
`Cl Debtor estimates that funds will be available fordistribution to unsecuredct Filed: 12:31 PM: 01/22/02
`Dallas E
`12:35 PM: January 22: ,3‘ 002
`'
`Code
`Qty
`,' Amount
`I Debtorestimates that, alterany exempt property is excluded and administral
`Judge: Harold C‘ Abramson
`O7
`1
`/l
`available fordistribution to unsecured creditors.
`I $200.00
`‘
`l-l5
`l6~49
`50-99
`,
`_
`.
`,
`Estimated Number ofCreditors * (See Attached)
`§Tmstee' Robert Yaqumto
`U
`Debtor(s):
`I
`13
`Estimated Assets
`Cool Partners, Inc.
`
`
`
`
`
`
`Mailing Address of Joint Debtor (ifdifferent from street address):
`
`,
`
`,
`i RECEIPT
`
`_
`
`5
`
`'
`
`
`
`.
`
`E
`
`l l
`
`-
`
`30m
`$0.000
`
`350.com $l00.00ltn $500.00: to Sl,O00.00l to sio_0oo,oot to
`[S:l00.0D0
`S$£0.000
`Sl..000,000 Sloaillion
`$5l)Drnillion
`
`sso.t
`5&0.'
`
`
`TOTAL P D: 75200.00 _
`i 11:20 AM, February 22, 2002
`From: Joe E. Marshall
`59
`E5‘l'“‘"°d Deb“
`i §R00m 524, Dallas
`Munsch, Hardt, Kopf, Ha ] & Dinan
`$253,...
`$73330” ’s§‘§.‘.’§.%?;L‘° §7i§6i»7$J§ §'.2‘»’°..‘.’;‘.'i.T..‘° §§3'.‘i.‘ili'§‘3.“° 533 Office ofthe U-S. Trustee
`1445 Ross Ave., Suite 400
`§
`D
`D
`.‘ 1100 Commerce St., Room 524
`Cl
`E!
`El
`I
`E]
`
`,Da1ras, TX 75202-2790 /
`Dallas, TX 75242 '
`3 E
`_ -‘"_":' . . _ . _ _ _ _ _ _fTTffT?” ”"“"‘ "
`
`

`
`
`
`Voluntary Petition:
`(This page must be completed mxdfiled in every case)
`
`
`Name of Debtor(s):
`FORM Bl, Page 2
`
`C00l Partners, Inc.
`
`
`Prior Bankruptcy Case Filed Within Last 6 Years (if more than one, attach additional sheet)
`
`Location
`Where Filed:
`
`N/A
`
`Case Number:
`
`Date Filed:
`
`
`
`
`
`Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate ofthis Debtor (Ifmore than one, attach additional sheet.)
`Name Of Debit"?
`Case Number:
`Date Filed:
`
`N/A
`
`
`
`
`Signatures
`
` '
`
`
`
`
`
`
`
`Signature of Debtor (Corporation/Partnership)
`I declare under penalty ofperjury that the information provided in this petition
`is true and correct, and that l have been authorized to file this petition on behalf
`of the debtor has been authorized
`
`
`
`The debtor requests relief in accordance with the chapter of title 1 1, United
`States Code, specified in this petition.
`
`
`
`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 l may proceed under chapter 7,
`l 1, 12 or l3 of title I I, 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 ll, United States Code,
`specified in this petition.
`X
`
`Signature of Debtor
`X
`
`X
`Richard Millman
`Signature ofloint Debtor
`Printed Name of Authorized individual
`
`Telephone Number (If not represented by attorney)
`Date
`
`
`
`
`
`
`'
`
`
`
`
`
`Signature oi'Authorized lndiv' ual
`
`
`
`
`
`
`
`
`Signa ure ot'Attorney
`
`Date January ? ,2002
`
`Signature of Non-Attomey Petition Preparer
`
`
`President
`Title of Authorized Individual
`
`
`
`
`
`debtor with a copy of this document.
`
`
` Nzime of Attorney for Debtor(s)
`
`unsch Hardt Ko f & Hart P.C.
`
`Firrn Name
`_
`Printed Name of Bankruptcy Petition Preparer
`
`
`
`—-_-—--—-—,—-——-————--—-——-———-—-————————-————————
`4000 Fountain Place 1445 Ross Avenue
`
`Social Security Number
`Address
`
`‘ Dallas Texas 75202-2790
`
`
`I certify that lam a bankruptcy petition preparer as defined in ll U.S.C. §l 10,
`that l prepared this document for compensation, and that l have provided the
`
`3
`‘
`
`
`
`
`
`
`
`
`Address
`
`____*_1¢:
`
`
`
`(214) 855-7500
`Telephone Number
`
`
`Names and Social Security numbers of all other individuals who prepared or assisted in preparing this document:
`
`
`'
`
`
`
`,
`
`
`
`if more than one person prepared this document. attach
`Additional sheets can fonning to the appropriate official fonn for
`each person.
`
`Exhibit A
`
`(To be completed if debtor is required to tile periodic reports
`(e.g., forms 10K and l0Q) with the Securities and Exchange
`Commission pursuant to Section l3 or l5(d) of the Securities
`Exchange Act of 1934 and is requesting relief under chapter ll)
`
`
`
`Cl Exhibit A is attached and made a part of this petition.
`Signature of Bankniptcy Preparer
`Exhibit B
`__—.
`Date
`(To be completed if debtor is an individual
`whose debts are primarily consumer debts)
`
`l, 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, l l, 12,
`A bankruptcy petition preparer’s failure to comply with the provisions of title
`or l3 oftitle l i, United States Code. and have explained the relief available
`I l and the Federal Rules of Bankruptcy Procedure may result in lines or
`under each such chapter.
`imprisonment or both ll U.S.C. §l 10; I8 U.S.C. §l56
`
`
`
`
`
`
`
`
`
`
` X
`
`Signature of Attorney for Debtor(s)
`
`
`
`
`
`
`
`
`

`
`I
`
`* 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 owed to any one ISP customer was $75. There were approximately 17,500 ISP customers on the date
`of the division sale. As of this date, only a nominal number of rebate claims have been made.
`
`DALLAS 576226_l
`
`5015.1
`
`

`
` 5
`
`CERTIFICATE OF SERVICE
`
`I
`1
`
`>’
`
`I
`
`]
`i
`
`}
`0
`
`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
`
`W:____?___?_____?_______
`
`Robin A. Brooks
`
`I
`/i
`I
`
`DALLAS 607388_l
`
`5015.4
`
`

`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 118,765
`
`In the matter of:
`
`Application Serial No. 75/696,384
`Mark: COOLLINK AND DESIGN
`
`Filed on May 3, 1999
`
`Published in the Official Gazette
`on December 21, 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.
`A '
`
`
`
`; Q0
`
`Vikki R. Colvin
`
`Munsch Hardt Kopf & Harr, P.C.
`1445 Ross Avenue, Suite 4000
`Dallas, Texas 75202-2790
`
`Tel. (214) 855-7500
`Fax. (214) 855-7584
`
`DALLAS 607388_l
`
`5015.4