IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 118,908
`
`In th
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`ft
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`tt
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`““a 3”’
`
`Application Serial No. 75/724,865
`Mark: COOL, NO
`COQLLINK_N"ET
`
`a.
`
`Filed on June 9, 1999
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`F3
`g
`'-2
`Published in the Official GEz7ette,;;‘;:3:
`on January 18, 2000
`3:,
`3 :3
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`§ §
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`§
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`g
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`§
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`§
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`STERLING SOFTWARE, INC.
`
`vs.
`
`Opposer,
`
`IIIIIIIIIIIIIllllIIIIIllllllllllIIIHIIIIIIIIIIIII
`
`0593-2002
`u.s. Pmnt E TMOfc/TM Mail Rcptbt #74
`
`COOL PARTNERS, L.L.C.
`
`Applicant.
`
`9?
`N
`co
`Applicant moves to suspend the above—referenced opposition proceeding in accordanccje
`
`MOTION TO SUSPEND
`
`77%;
`1:
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`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 ofApp1icant’s Petition for Bankruptcy.
`
`Respectfully submitted on this 30th day of April, 2002.
`
`£m~;_.____
`
`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 B1
`
`i\
`
`V United States Bankruptcy Court
`J I
`Northern District of Texas, Dallas Division
`'/
`voluntary Petition
`
`
`Name of Joint Debtor (Spouse) (Last, First, Middle):
`
`
`
`Name of debtor ( ifindividual, enter Last, First, Middle:)
`Cool Partners, Inc.
`
`
`
`
` All Other Names used by the Debtor in the last 6 years
`All Other Names used by the Joint Debtor in the last 6 years
`(include married, maiden, and trade names):
`
`(include married, maiden, and trade names):
`
`
`Coollink Broadcast Network; Coollink;
`CLBN; Cool Partners, LLC
`
`
`
`
`
`Soc’ sec’/Tax ID’ ~N°' (“more than one’ state an):
`
`
`
`Street Address of Joint Debtor:
`
`(No. & Street, City, State and Zip Code):
`
`
`
`
`
`Soc. Sec./Tax l.D. No. (if more than one, state all):
`
`75-2883709; 75-2783843
`
`Street Address of Debtor: (No. & Street, City, State and Zip
`Code):
`6780 Abrams Road
`Suite 103; PMB 126
`Dallas, TX 75231
`
`
`
`
`
`County of Residence or of the
`Principle Place of Business:
`
`
`
`Dallas
`
`County of Residence or of the
`Principle Place of Business:
`
`
`
`Mailing Address of Debtor (ifdifferent from street address): Mailing Address of Joint Debtor (if different 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
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`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)
`
`
`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 H30 days immediately preceding the date ofthis petition or for zi
`longer part ofsuch 180 days than in any other District.
`4.
`D There is a bankruptcy case concerning debtor's affiliate, general partner. or partnership pending in this District.
`
`
`
`
`
`
`E] 1naiv(duni(s)
`I Corporation
`U Partnership
`D Other
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`_
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`Type of Debtor (cheek an boys mag apply)
`lj R.-mmad
`D Stockbroker
`U Commodity Broker
`'
`
`
`
`
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`Chapter or Section of Bankruptcy Code Under which
`,the Petition ls Filed (Cheek onebox)
`
`I Chapter7
`D Chapterll
`Cl Chapter 13
`
`
`D Chapter9
`El Chapterlz
`
`
`El See. 304 - Case ancillary to foreign proceeding
`
`Filing Fee (Check one box)
`
`
`
`Nature of Debts (Check one box)
`Consumer/Non-Business
`I Business
`
`I Full Filing fee attached
`
`Chapter II Small Business (check all boxes that apply)
`Cl Filing fee to be paid in installments. (Applicable to individuals only).
`Must attach signed application for the court’s consideration
`Debtor is a small business as defined in H U.S.C. (5
`lol
`
`Debtor is and elects to be considered a small business under
`
`
`1
`“ "UN1'1‘1£1) s’r‘A'ri£s HAN1'<Kt'J?”I'cy CUUR’1'
`ll U.S.C. § 1l2l(e) (Optional)
`I
`NORTHERN DISTRICT OF TEXAS
`I RECEIPT
`
`
`,’ C’zi§'é“£€'0”21"3”0"Zt"?i“6"H”(f ””“"'"“”Ch"é"§tEf"7”l""”m"“"'i¥‘03”0'1‘3'63lT0”3'l3”R“”"
`S"l/Ad"trat'lf
`'(E'
`l)
`.
`U'aKll:7t;‘E)aI0feS:Ffl'1:::CS ti: fiintdsmxiilte a::iiitnl:l:eslEi::distribution to-unsecured ci §F1led: 12:31 PM: 01/22/02
`Dallas
`12535 PM, January 22, 2002
`I Debtorestimates that, afterany exempt property is excluded and administral
`i
`'
`Qty
`Amount
`available fordistribution to unsecuredcreditors.
`ghldgez Harold C’ Abramson
`1
`$200 00
`I-15
`I6-49
`50-99 ,
`;
`‘
`_
`.
`Estimated Number of Creditors * (See Attached)
`’ §Tmstee' Robert Yaqumto
`U
`§Debtor(s):
`A
`Cool Partners, Inc.
`t
`Estimated Assets
`M-J
`S0to
`$50,001 to sioo,ooI:o $500,001 to si,ooo,ooiio sio.ooo,ooi:o 550,0 ‘
`.-;;
`2
`go-°°°
`3°°'°°°
`*3. lf“*ri?§rsteaifi§”ar'e;2airar§““
`33°-°°°
`*;<;°°-°°<> **°3-"'°" mg"-°"
`
`TOTAL PAID: $200.00
`l
`g 1 1:20 AM, February 22, 2002
`Joe E. Marshall
`€From:
`Esnmmed Debts
`2 Room 524, Dallas
`Munsch, Hardt, Kopf, Hart & Dinan
`iiéioo
`373235“ §‘§i§i'_?£L‘°
`i§3'i3ii}§i' '° :33 §0ffice ofthe US. Trustee
`1445 Ross Ave., Suite 4000
`‘ El
`E]
`i 1100 Commerce St., Room 524
`D
`I
`C!
`Dallas, TX 75202-2790 '
`§D€1ll3S, TX 75242 '
`
`
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`
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`
`, Code
`07 v
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`
`DD
`
`

`
` 3
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`
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`FORM Bl, Page 2
`
`
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`Name of Debtor(s):
`Cool Partners, Inc.
`
`Voluntary Petition:
`{This page must be completed andfiled in every case)
`
`
`
`3
`
`
`
`Location
`Where Filed:
`
`Prior Bankruptcy Case Filed Within Last 6 Years (If more than one, attach additional sheet)
`
`/A
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`Case Number:
`
`Date Filed:
`
`N
`
`Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (Ifmore than one. attach additional sheet.)
`Name of Debtor:
`N/A
`
`Case Number:
`
`Date Filed:
`
`
`
`
`
` '
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`,
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`Signatures
`
`_
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`
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`(If petitioner is an individual whose debts are primarily consumer debts and has
`chosen to tile under chapter 7) I am aware that I may proceed under chapter 7,
`l 1, 12 or 13 of title 1 i, United States Code, understand the relief available under
`each such chapter, and choose to proceed under chapter 7.
`.
`l request relief in accordance with the chapter of title ll, United States Code,
`specified in this petition.
`X
`
`
`Signature of Debtor
`_______.__.____________________________j____
`
`Signature ofloint Debtor
`
`
`x
`
`
`Richard Millman
`Printed Name ot'Authori2ed Individual
`
`
`
`
`P1'€S1dCl’li
`Telephone Number (If not represented by attomey)
`
`
`Title of Authorized Individual
`Date
`
`
`
`
`
`Signature of N0neAttomey Petition Preparer
`Signa ure ofAtto‘niey
`
`Date January
`
`2
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`,
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`
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`I certify that l am a bankruptcy petition preparer as defined in 1 l U.S.C. §l 10,
`that l prepared this document for compensation, and that l have provided the
`debtor with a copy of this document. .
`. TBN 13031 10
`Name of Attorney for Debtor(s)
` Ll
`nsch Hardt Ko f& Harr PC.
`
`
`
`
`
`
`
`
`
`Printed Name of Bankruptcy Petition Preparer
`____._____.________.__.__.____.__.._.__._.
`
`
`4000 Fountain Place 1445 Ross Avenue
`Address
`Social Security Number
`’
`
`Dallas Texas 75202-2790
`
`____
`
`Address
`$214) 855-7500
`
`Telephone Number
`
`
`/ 2002
`
`Names and Social Security numbers of all other individuals who prepared or assisted
`in preparing this document:
`Exhibit A
`
`
`
`
`
`
`(To be completed if debtor is required to file periodic reports
`(e.g., forms l0K and lOQ) 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 I 1)
`
`
`
`If more than one person prepared this document, attach
`Additional sheets conforming to the appropriate official form for
`each person.
`
`____.—.—_
`D Exhibit A is attached and made a part of this petition.
`Signature of Bankruptcy Preparer
`Exhibit B
`
`
` Date
`(To be completed ifdebtor is an individual
`whose debts are primarily consumer debts)
`l, the attorney for the petitioner named in the foregoing petition, declare that l
`have informed the petitioner that [he or she] may proceed under chapter 7, ll, 12,
`or 13 of title l 1, United States Code, and have explained the reliefavailable
`under each such chapter.
`
`
`
`
`
`A bankruptcy petition preparer’s failure to comply with the provisions of title 1
`l1 and the Federal Rules of Bankruptcy Procedure may result in fines or
`imprisonment or both ll U.S.C. §l I0; [8 U.S.C. §l56
`
`
`
`
`
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`
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`Signature of Attorney for Debtor(s)
`
`X
`
`
`
`
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`Signature of Debtor (Corporation/Partnership)
`l declare under penalty of perjury that the information provided in this petition
`is true and correct, and that l have been authorized to tile this petition on behalf
`of the debtor has been authorized
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`
`
`
`
`
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`The debtor requests relief in accordance with the chapter of title ll, United
`
`
`
`States Code, specified in this petitir):§é/L;
`x
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`Signature ofAuthorized Indiv' ual
`
`
`
`
`'
`Signature(s) of Debtor(s) (individual/Joint)
`I declare under penalty of perjury that the information provided in this petition is
`true and correct.
`
`

`
`
`
`r:
`
`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 owedto 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 57s22e_i
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`5015.1
`
`

`
` 1
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`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
`
`_L_<4/__”@¥__
`
`Robin A. Brooks
`
`DALLAS 607383_1
`
`5015 .4
`
`

`
`
`
`'=
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`IN THE UNITED STATES PATENT AND TMDEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 118,908
`
`In the matter of:
`
`Application Serial No. 75/724,865
`Mark: COOL, NO
`COOLLINKNET
`
`Filed on June 9, 1999
`
`Published in the Official Gazette
`on January 18, 2000
`
`§ §
`
`§ §
`
`§
`§
`§
`§
`
`§ §
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`§
`§
`§
`§
`
`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 Cry al Drive, Arlington, Virginia 22202-3513
`on the date indicated below.
`_
`,
`-
`
`Vikki R. Colvin
`
`Date
`
`Munsch Hardt Kopf & Han‘, P.C.
`1445 Ross Avenue, Suite 4000
`
`Dallas, Texas 75202-2790
`Tel. (214) 855-7500
`Fax. (214) 855-7584
`
`DALLAS 607383_l
`
`5015.4