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`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`STERLING SOFTWARE, INC.
`
`Opposer,
`
`vs.
`
`COOL PARTNERS, INC.
`
`Applicant
`
`OO'>o03<<7>¢4O'JC03<4(7>f0>0OOCaOO€0¢€4O'>0O'>€OO
`
`Opposition No. 91150163
`
`In the matter of:
`
`Application Serial No. 76/123,882
`Mark: YOUR COOLLINK TO THE
`INTERNET
`
`Filed on September 6, 2000
`
`Published in the Official Gazette
`
`on May 22, 2001
`
`llllllllllllllllllllllIlllllllllllllllllllllllllll
`
`CERTIFICATE OF MAILING
`
`11.26.2091
`U.S. Patent 8. TMOfc/TM Mlll ROD! D1. #61
`
`I hereby certify that an Answer and Return Postcard is being deposited with the United States
`
`Postal Service with sufficient postage as first class mail in an envelope addressed to: United States Patent
`
`and Trademark Office, Trademark Trial and Appeal Board, 2900 Crystal Drive, Arlington, Virginia
`
`22202-3513 on the date indicated below.
`
`Signing Certificate: D nise M. Hill
`
`y§i§ >_\
`
`)
`
`Name of
`
`Signature:
`Date ofSigning: ;
`
`Munsch Hardt Kopf & Harr, P.C.
`4000 Fountain Place
`1445 Ross Avenue
`Dallas, Texas 75202-2790
`Telephone: (214) 855-7500
`Facsimile: (214) 855-7584
`
`Docket No.: 5015.4-31
`
`DALLAS 563877__l
`
`5015.4
`
`)3
`
`;
`
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`3
`_,.
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`STERLING SOFTWARE, INC.
`
`Opposer,
`
`vs.
`
`COOL PARTNERS, INC.
`
`Applicant
`
`OO'>o03<<7>¢4O'JC03<4(7>f0>0OOCaOO€0¢€4O'>0O'>€OO
`
`Opposition No. 91150163
`
`In the matter of:
`
`Application Serial No. 76/123,882
`Mark: YOUR COOLLINK TO THE
`INTERNET
`
`Filed on September 6, 2000
`
`Published in the Official Gazette
`
`on May 22, 2001
`
`llllllllllllllllllllllIlllllllllllllllllllllllllll
`
`CERTIFICATE OF MAILING
`
`11.26.2091
`U.S. Patent 8. TMOfc/TM Mlll ROD! D1. #61
`
`I hereby certify that an Answer and Return Postcard is being deposited with the United States
`
`Postal Service with sufficient postage as first class mail in an envelope addressed to: United States Patent
`
`and Trademark Office, Trademark Trial and Appeal Board, 2900 Crystal Drive, Arlington, Virginia
`
`22202-3513 on the date indicated below.
`
`Signing Certificate: D nise M. Hill
`
`y§i§ >_\
`
`)
`
`Name of
`
`Signature:
`Date ofSigning: ;
`
`Munsch Hardt Kopf & Harr, P.C.
`4000 Fountain Place
`1445 Ross Avenue
`Dallas, Texas 75202-2790
`Telephone: (214) 855-7500
`Facsimile: (214) 855-7584
`
`Docket No.: 5015.4-31
`
`DALLAS 563877__l
`
`5015.4
`
`)3
`
`;
`
`‘\
`3
`_,.
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91150163
`
`In the matter of:
`
`Application Serial No. 76/123,882
`Mark: YOUR COOLLINK TO THE
`INTERNET
`
`Filed on September 6, 2000
`
`Published in the Official Gazette
`M
`22, 2001
`°”
`ay
`llllllllllllllllllllllllllllllllllllllllllllllllll
`
`§ § §
`
`§ §
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`STERLING SOFTWARE, INC.
`
`Opposer,
`
`vs.
`
`COOL PARTNERS, INC.
`
`Applicant.
`
`Applicant COOL PARTNERS,
`
`ANSWER
`
`11-26-2001
`U.S. Pawn! & TMOfcITM Mall ficpt Dr. #61
`|NC., a Texas corporation (“Applicant ,,
`l.U v........ V...
`
`PARTNERS, L.L.C. was converted on October 18, 1999, having a principal place of business at
`
`6780 Abrams, Suite 103 PMB 126, Dallas, Texas
`
`75231-7170, answers the Notice of
`
`Opposition filed by Opposer STERLING SOFTWARE, INC. as follows:
`
`I.
`
`1.
`
`2.
`
`Applicant admits the allegations of paragraph 1 of the Notice of Opposition.
`
`Applicant is without information sufficient to form a belief as to the truth of the
`
`allegations of paragraph 2 of the Notice of Opposition and therefore denies those allegations.
`
`3.
`
`In response to the allegations of paragraph 3 of the Notice of Opposition,
`
`Applicant admits that the marks identified on Exhibit A to the Notice of Opposition incorporate
`
`the word “cool.” Applicant is without information sufficient to form a belief as to the truth of the
`
`allegations of paragraph 3 of the Notice of Opposition and therefore denies those allegations.
`
`4.
`
`In response to the allegations of paragraph 4 of the Notice of Opposition,
`
`Applicant admits that the marks identified on Exhibit B to the Notice of Opposition incorporate
`
`
`
`
`
`3‘?
`
`the word “coo|.” Applicant is without information sufficient to form a belief as to the truth of the
`
`allegations of paragraph 4 of the Notice of Opposition and therefore denies those allegations.
`
`5.
`
`Applicant is without information to form a belief as to the truth of the allegations
`
`of paragraph 5 of the Notice of Opposition and therefore denies those allegations.
`
`6.
`
`Applicant is without information to form a belief as to the truth of the allegations
`
`of paragraph 6 of the Notice of Opposition and therefore denies those allegations.
`
`7.
`
`8.
`
`9.
`
`10.
`
`11.
`
`12.
`
`Applicant denies the allegations of paragraph 7 of the Notice of Opposition.
`
`Applicant denies the allegations of paragraph 8 of the Notice of Opposition.
`
`Applicant denies the allegations of paragraph 9 of the Notice of Opposition.
`
`Applicant denies the allegations of paragraph 10 of the Notice of Opposition.
`
`Applicant denies the allegations of paragraph 11 of the Notice of Opposition.
`
`Applicant denies the allegations of paragraph 12 of the Notice of Opposition.
`
`ll.
`
`AFFIRMATIVE DEFENSES
`
`In further answer to the Notice of Opposition, applicant asserts that:
`
`FIRST AFFIRMATIVE DEFENSE
`
`14.
`
`The term “cool”, alone or in combination with other terms, does not uniquely
`
`identify Opposer’s goods and services as evidenced by the widespread use of, and the large
`
`number of other registrations for, marks that include the term “cool" in all fields, as well as in
`
`fields related to the goods and services of Opposer. Furthermore, when applied to Opposer’s
`
`goods and services, the term ‘‘cool’’ is laudatory. Opposer cannot claim exclusive rights in the
`
`term “coo|” separate and apart from its marks.
`
`SECOND AFFIRMATIVE DEFENSE
`
`15.
`
`Opposer admits that “cool” is the predominant portion of its marks. Because the
`
`term “coo|" relatively is widely used and is laudatory when applied to Opposer’s goods and
`
`
`
`
`
`V4v
`
`services, all of Opposer’s marks are relatively weak and of narrow and limited scope.
`
`Therefore, Applicant’s mark is not likely to cause confusion or mistake, or to deceive.
`
`THIRD AFFIRMATIVE DEFENSE
`
`16.
`
`Applicant's mark YOUR COOLLINK TO THE INTERNET is not similar to any of
`
`Opposer’s marks. Therefore, Applicant’s mark is not likely to cause confusion or mistake, or to
`
`deceive.
`
`FOURTH AFFIRMATIVE DEFENSE
`
`17.
`
`Applicant’s services are unrelated and not similar to the goods and services of
`
`Opposer, and are not advertised or sold in the same channels of trade. Therefore, Applicant's
`
`mark is not likely to cause confusion or mistake, or to deceive.
`
`WHEREFORE, Applicant COOL PARTNERS,
`
`INC. prays that
`
`the Opposition be
`
`dismissed, that Application Serial No. 76/123,882 be granted, and that registration be issued to
`
`Applicant for the YOUR COOLLINK TO THE INTERNET mark.
`
`DATED: November 20, 2001.
`
`Respe
`
`lly submitted,
`
`
`
`Michael D. Pegues
`Texas Bar No. 15730600
`Robin A. Brooks
`Texas Bar No. 24006905
`
`MUNSCH HARDT KOPF & HARR, P.C.
`1445 Ross Avenue, Suite 4000
`Dallas, Texas 75202
`Office:
`(214) 855-7500
`Fax:
`(214) 855-7584
`ATTORNEYS FOR APPLICANT
`
`COOL PARTNERS, INC.
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing document has been served
`on Opposer’s counsel on November 20, 2001, 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
`
`Denise M. Hill
`
`DALLAS 563600__1
`
`5015.4
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