0 >7»
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`4/’
`
`.
`8/ ’
`
`47
`//C2.
`<39
`
`Opposition No. 124,123
`
`In th
`
`f:
`
`tt
`
`ema 6”
`
`Application Serial No. 76/117,043
`Mark: COOLLINK BROADCAST
`
`Filed on August 25, 2000
`
`Published in the Official Gazette
`on May 22, 2001
`
`§ §
`
`§
`
`§
`
`§
`§
`
`§ §
`
`§
`§
`§
`§
`
`STERLING SOFTWARE, INC.
`
`vs.
`
`Opposer,
`
`1
`
`lllIll|||lll|l||lI|l||||ll|ll|||Illlllllllllllllll
`
`05-03-2002
`U.S. Punt & TMOfcITM Mall Rep! D1. #74
`
`COOL PARTNERS, INC.
`
`Applicant.
`
`MOTION TO SUSPEND
`
`Applicant moves to suspend the above-referenced opposition proceeding in accordance
`
`with TBMP §510.03. 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.
`
`<@«w/2..
`
`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
`
`.
`
`Voluntary Petition
`
`Name of debtor ( if individual, enter Last, First, Middle:)
`Cool Partners, Inc.
`
`
`
`Name ofioint Debtor (Spouse) (Last, First, Middle):
`
`JD
`I United States Bankruptcy Court
`Northern District of Texas, Dallas Division
`
`
`
`
`
`
`
`75-2883709; 75-2783843
`
`Code):
`6780 Abrams Road
`Suite 103; PMB 126
`Dallas, TX 75231
`
`Street Address of Joint Debtor:
`
`(No. & Street, City, State and Zip Code):
`
`
`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 manied, maiden, and trade names):
`(include married, maiden, and trade names):
`Coollink Broadcast Network; Coollink;
`CLBN; Cool Partners, LLC
`
`
` Soc. Sec./‘Tax ID. No. (ifmore than one, state all):
`Soc’ sec’/Tax ID’ No" (“more than one’ State an):
`
` Street Address of Debtor: (No. & Street, City, State and Zip
`
`
`
`
`Dallas
`
`County of Residence or of the
`Principle Place of Business:
`
`
`
`Mailing Address of Debtor (ifdifferent from street address):
`
`County of Residence or of" the
`Principle Place of Business:
`
`
`Mailing Address ofloint Debtor (if different from street address):
`
`
`
`
`
`i
`_
`_
`Location ofPrincipal Assets ofBusiness Debtor
`(if different from addresses listed above): Sandstream Networks Inc., 1955 Lakeway Dr., Ste. 230, Lewrsvrlle, 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)
`Venue (Check any applicable box)
`'
`I
`Debtor has been domiciled or has had a residence, principal place ofbusiness, or principal asseLs in this District for 180 days immediately preceding the date ofthis petition or for a
`longer part ofsuch 180 days than in any other District.
`..
`Cl
`There is a bankruptcy case conceming debtor's affiliate, general partner, or partnership pending in this District.
`
`Chapter or Section ot'Ban.kmptcy Code Under Which
`the Petition Is Filed (Check one box)
`E] Chapter 1 l
`D Chapter 13
`I Chapter 7
`El Chapter 12
`D Chapter 9
`U Sec. 304 - Case ancillary to foreign proceeding
`- Filing Fee (Check one box)
`
`.
`
`I
`
`D lndividual(s)
`I Corporation
`D Partnership
`Cl Other
`
`Type oFDebtor (Check all bogges that apply)
`D Railroad
`Cl Stockbroker
`Cl Commodity Broker
`
`
`
`'
`
`.
`
`-
`
`16-49
`
`50-99
`
`.
`
`I
`
`U
`
`Nature of Debts (Check one box)
`mached
`I F "ll FT
`Consumer/Non-Business
`I Business
`u
`r mg ee
`.
`.
`.
`.
`.
`.
`.
`.
`.
`I
`I
`_
`D Fflmg fee {If E?‘ pzgd mF15?!lmgnt‘:le(l::p£:a:‘:::?d:‘r:22:ua S on y)
`Chapter I
`l Small Business (check all boxes that apply)
`1
`I
`MUS_t_i1_fW=__ SI_g_ne
`‘app lea Ion norl‘
`F Iuv ‘ ‘
`_ I
`.
`‘
`v
`|
`Debtor is a small business as defined in II u.s.c.§ ror
`V
`,
`1 LU 5 1 A I Lb
`L Y (/0 UK 1
`Debtor is and elects to be considered a small business under
`RECEIP1
`NORTHERN DISTRICT or TEXAS
`n u.s.c. § u2r<e> (optional)
`
`; fC’:i'§'e”"?F()”2'-“3”0?l'4”6”
`Cli§"p'tié"r”7"§’"””"““"”“"# 3'iTf3iS4i1"(T”-”"I?"RWM"”””W
`_
`_
`I/Ad .
`. mt‘
`I f
`_
`(E A‘
`I
`)
`S
`,
`,
`.
`tatrstrca
`nunrs
`we n orrnatron
`strmates on y
`El Debtor estimates that funds will beavailable for distribution to unsecured er §F)-led: 12:31 PM: 01/22/02
`Dallas 3
`12535 PM: January 22: 2002
`I Debtorestimates that, after any exempt property is excluded and administral
`’
`, Code
`Qty
`Amount
`
`available for distribution to unsecured creditors.
`Judge: Harold Abramson
`’
`1
`1-15
`Estimated Number of Creditors “'
`(See Attached)
`Trustee: Robert Yaquinto
`D
`_§Debtor(s):
`Cool Partners, Inc.
`
`E l E li
`
`Estimated Assam
`S0 to
`$50,00l to Sl00,00l to $500,001 to Sl,000,00l to $10,000,001 to
`
`i
`
`
`
`550,6
`
`-
`
`E; 1
`5&0:
`SS0UrnIllron
`SI.-000.000 Sloglrllton
`SSE0,000
`300,000
`$0,000
` 151
`
`TOTAL PAID:
`.
`e ruary 22, 2002
`1: A ,
`,
`Marshall
`From:
`Dallas
`S503 §Ro0tn
`SIO00000!
`S0000l
`Si 00000]
`S 00 001
`Estirnaled Diibts
`$200.00
`Munsch’ Hardt’ Kopf’ Han & Dman
`itiriflloo
`:ro0(i(o3r|)r>m $200,000“) Ssr.o00.oot0)
`sromillionm S50'mil|ion to $100 loffice ofthe U‘s‘ Trustee
`1445 Ross Ave., Suite 4000
`El
`III
`El
`E]
`E]
`I
`III
`f
`§ 1100 Commerce St., Room 524
`3Da11as, TX 75202-2790
`§Dallas, TX 75242
`
`
`i......s.c
`..~M.._.2c_-..s_.,.~...wWww_..,.~.s....__....._..._..._._..
`
`

`
`
`
`
`
`
`Voluntary Petition;
`
`FORM BI, Page 2
`Name of Debtor(s):
`(This page must be completed andfiled in every case)
`Cool Partners, Inc.
`
`
`Prior Bankruptcy Case Filed Within Last 6 Years (If more than one, attach additional sheet)
`
`Date Filed:
`
`Case Number:
`
`
`
`
`
`Location
`Where Filed:
`
`N/A
`
`Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet.)
`Name of Debtor:
`C355 Numb“;
`N/A
`
`Date Filed:
`
`.
`
`
`
`Relationship:
`
`Signatures
`
`
`
`
`
`
`Signature of Debtor (Corporation/Partnership)
`
`I 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
`
`
`
`
`The debtor requests relief in accordance with the chapter of title 1 1, United
`"J7"?
`States Code, specified in this petition.
`X
`
`
`~:i.E
`Signature ofAuthorized lndiv' ual
`
`X ___Bichard Millman
`Printed Name ofAuthorized Individual
`
`Signature(s) of Debtor(s) (Individual/Joint)
`I declare under penalty of perjury that the infomiation 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) lam aware that l may proceed under chapter 7,
`1 1, 12 or 13 of title I 1, 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 ofDebtor
`___._.j______._________________________
`Signature ofloint Debtor
` ...j_.j...._j_..__._
`
`
`
`
`
`
`
`
`
`
`
`
`Pi'€SldCr1t
`Title of Authorized lndividual
`
`
`
`Telephone Number (lf not represented by attomey)
` _._j;_._j...—._j_._.
`Date
`
`
`
`Signa ure ofAttoniey
`
`.
`
`u
`
`
`
`
`
`
`
`
`
`Date January
`
`2
`
`Signature ofNon-Attomey Petition Preparer
`
`
`
`
`
`
`
`I certify that lam a bankruptcy petition preparer as defined in l l U.S.C. §l10,
`that l prepared this document for compensation, and that l have provided the
`debtor with a copy of this document.
`
`...{./
`x I /.
`Si
`-
`Attorney for Debtor(s)
`. Marshall Es. TBN 1303110
`-
`a Name ofAttomey for Debtor(s)
`F
`
`
`
`
`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
`_.j__.
`Address
`
`(214) 855-7500
`
`Telephone Number
`
`Janua
`2002
`Date
`
`
`Names and Social Security numbers ofall other individuals who prepared or assisted
`
`in preparing this document:
`
`
`
`
`
`
`
`
`
`If more than one person prepared this document, attach
`Additional sheets con forming to the appropriate official form for
`each person.
`
`Exhibit A
`
`
`
`
`
`
`
`___j.
`
`Signature of Bankruptcy Preparer
`El Exhibit A is attached and made a part ofthis petition.
`
`Exhibit B
`(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 infomied the petitioner that [he or she] may proceed under chapter 7, l l, 12,
`or [3 oftitle 1 1, United States Code, and have explained the relief available
`under each such chapter.
`
`Date
`
`
`A bankruptcy petition preparer’s failure to comply with the provisions of title V
`l l and the Federal Rules of Bankruptcy Procedure may result in fines or
`imprisonment or both 11 U.S.C. §110; 18 U.S.C. §156
`
`
`
`
`
`
`
`
`
` X
`
`Signature ofAttomey for Debtor(s)
`
`(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 13 or l5(d) of the Securities
`Exchange Act of 1934 and is requesting relief under chapter 11)
`
`

`
`
`‘C
`
`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 serviceswere 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, [SP
`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 576226_l
`
`5015.1
`
`

`
`
`
`'2
`
`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
`
`QM?»
`
`Robin A. Brooks
`
`DALLAS 607402_1
`
`5015.4
`
`

`
`S
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 124,123
`
`In the matter of:
`
`Application Serial No. 76/1 17,043
`Mark: COOLLINK BROADCAST
`NETWORK
`
`Filed on August 25, 2000
`
`Published in the Official Gazette
`on May 22, 2001
`
`§ §
`
`§ §
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`STERLING SOFTWARE, INC.
`
`Opposer,
`
`vs.
`
`COOL PARTNERS, INC.
`
`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
`
`i
`
`E Z Q 3
`
`Q
`
`.
`
`Vikki R. Colvin
`
`L150 ~09
`
`Date
`
`onthedateindicatedbelow.
`
`Munsch Hardt Kopf & Harr, P.C.
`1445 Ross Avenue, Suite 4000
`
`Dallas, Texas 75202-2790
`Tel. (214) 855-7500
`Fax. (214) 855-7584
`
`DALLAS 607402_1
`
`5015.4