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`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`STERLING SOFTWARE, INC.
`
`Opposer,
`
`§
`§
`§
`
`Opposition No. 150,163
`
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`
`VS.
`
`COOL PARTNERS, INC.
`
`Applicant.
`
`g
`§
`§
`°5'°3'2°°2
`U.S. Pnuntln TMOfcITM Mall Rep! Dt. #74 §
`§
`§
`§
`§
`§
`
`In h
`
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`f:
`
`*““““°
`Application Serial No. 76/123,882
`Mark: YOUR COOLLINK TO
`
`Filed on September 6, 2000
`
`Published in the Official Gazette
`on May 22, 2001
`
`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.
`
`%_
`
`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
`
`- I
`r.-gt.‘ :\' -
`tr’ ’
`
`.
`.
`"
`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 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 rriarried, maiden, and trade names):
`
`
`Coollink Broadcast Network; Coollink;
`CLBN; Cool Partners, LLC
`
`
`
`
`
`
`
`
`
`
`Street Address of Debtor: (No. & Street, City, State and Zip
`Code):
`6780 Abrams Road
`Suite 103; PMB 126
`Dallas, TX 75231
`
`Street Address ofloint Debtor:
`
`(No. & Street, City, State and Zip Code):
`
`
`
`
`
` Soc. Sec./Tax I.D. No. (if more than one, state all): Soc. Sec./Tax ID. No. (if more than one, state all):
`1
`75-28837 09; 75-2783843
`
`
`
`County of Residence or of the
`Principle Place of Business:
`
`
`
`County of Residence or of the
`Principle Place ofBusiness: Dallas
`
`
`
`Mailing Address of Debtor (if different from street address):
`
`
`
`
`
`Mailing Address ofloint Debtor (ifdifferent from street address):
` Location of Principal Assets of Business Debtor _ . ’ .
`
`
`
`
`(if different 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)
`
`'
`
`
`
`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 l80 days immediately preceding the date ofthis petition or for a
`longer part ofsuch 180 days than in any other District.
`..
`U There is a bankruptcy case concerning debtor's affiliate. general partner, or partnership pending in this District.
`
`
`
`
`
`
`Type nf Debtor (Check 31] bo;_¢_¢5 that apply)
`Cl Ram-cad
`D [ndividua|(s)
`U Stockbroker
`I Corporation
`D Commodity Broker
`D Partnership
`D Other
`
`
`
`
`
`
`Chapter or Section ofBankruptcy Code Under Which
`the Petition Is Filed(Check one box)
`
`I Chapter7
`Cl Chapterll
`[3 Chapter 13
`
`
`D Chapter9
`Cl Chapterl2
`
` Cl Sec. 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 ll Small Business (check all boxes that apply)
`D Filing fee to be paid in installments. (Applicable to individuals only).
`Debtor is a small business as defined in l I U.S.C. §
`l0l
`DD
`Must attach signed application for the court's consideration
`
`Debtor is and elects to be considered a small business under
`
`
`" ‘
`"
`'
`'UNl‘1't+;t) S"1'A"I'ES 'HAm<KUP"I'cy CUUR1‘
`.
`ll U.S.C. §
`ll2l(e) (Optional)
`
`
`:
`NORTHERN DISTRICT OF TEXAS
`' RECEIPT
`t_
`1 F
`.nm.
`; §'CEf§E?”0”2T§0?f?f6”H”CZK""
`Chapter 7j§"““"""“"’“¥i5“03'O”1”?s‘671"1"0"1”B"R””'""""””“
`(E t.
`‘
`I )
`Sm. I. Md .
`VC fl OFITIE I01’!
`IS ICZI
`HIHIIS
`5 mm CS OH
`3
`.
`El Debtor estimates that funds will be available fordistfibution to unsecured ci _§F11ed: 12:31 PM: 01/22/02
`Dallas
`12535 PM: January 22; 2002
`I Debtor estimates that, afier any exempt property is excluded and administrat
`'
`Qty
`Amount
`available fordistribution to unsecured creditors.
`Nudge: Harold C. Abramson
`1
`$200 00
`.‘
`_
`l-[5
`15.49
`so-99 .
`'
`Estimated Number of Creditors * (See Attached)
`Trustee‘ Robert Yaqumto
`§
`D
`§Debtor(s):
`i
`’
`g
`_
`Cool Partners, Inc.
`«
`E
`_
`$50.0
`.,
`.
`‘gt §“’“W“ra“§rMazri'a§3‘r'erz“"‘irfi‘§“‘““““'*
`
`
`TOTAL PAID: $200.00
`I
`g 11:20 AM, Februa_ry 22, 2002
`From: Joe E. Marshall
`i
`i ROOIII 524, Dallas
`:
`2
`=
`3
`§§3'33i’.}3‘§' ‘° 333 $03106 Of the U-3~ Trust“
`Munsch, Hardt, Kopf, Harr & Dinan
`E
`1100 Commerce St., Room 524
`I
`El
`:
`1445 Ross Ave., Suite 4000
`Da11as, TX 75242
`‘
`§Da11as, TX 75202-2790 ’
`«..........a..
`m.......................w....................t.....W...........c........~.............,
`
`
`
`Code
`07
`
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`
`*2
`.2s
`E
`
`
`
`3
`
`«
`
`K §
`
`I
`
`~ D
`
`Estimmd Assets
`50:0
`s5o_ooim sioo,ooIto S5oo,0otto si,ooo,o0Iio $l0,000,00l to
`3°90”
`3°°v°°°
`‘S5’-°°°
`*'v_°°°-°°° mg,-"-°"
`*5°5"'-°"
`Estimated Debts
`135200
`§i32,°§3o'° §§‘3‘3°$l'J°
`'
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`
` 7
`
`
`
`Voluntary Petition:
`.
`Name of Debtor(s):
`FORM Bl, Page 2
`
`
`(This page must be completed andfiled in every case
`C00] 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 (If more than one, attach additional sheet.)
`
`Case Number:
`
`
`
`Date Filed:
`
`
`
`
` .
`
`'
`
`Signatures
`
`_
`
`_
`
`.
`
`Name of Debtor:
`N/A
`
`
`
`
`
`
`
`
`
`
`Signature of Debtor (Corporation/Partnership)
`I declare under penalty_ of perjury that the infonnation 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 relief in accordance with the chapter of title 1 1, United
`States Code, specified in this petition.
`
`
`
`Signature ofAuthorizcd lndiv‘ ual
`
`
`
`
`
`
`
`Signaturc(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) lam aware that I may proceed under chapter 7,
`I I, 12 or I3 oftitle I 1, 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
`
`X
`
`Signature of Debtor
`
`Signature ofloint Debtor
`
`
`
`
`
`Richard Millman
`
`Printed Name ofAuthorized Individual
`
` Date
`Telephone Number (If not represented by attomey)
`President
`Title ofAuthorized Individual
`
`
`
`
`
`Date January
`
`2
`
`
` Signa ure ofAttoniey
`Signature ofNon-Attomey Petition Preparer
`
`I certify that I am a bankruptcy petition preparer as defined in ll U.S.C. §l 10,
`that I prepared this document for compensation, and that I have provided the
`debtor with a copy of this document.
`
`
`
`
`
`'
`
`
`Name of Attomey for Debtor(s)
`
`unsch Hardt KO f& Harr P.C. Printed Name ofBankruptcy Petition Preparer
` Firm Name .
`_
`
`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:
`
`
`
`
`
`
`
`If more than one person prepared this document. attach
`Additional sheets conforming to the appropriate official form for
`each person.
`
`
`Signature of Bankruptcy Preparer
`
`Exhibit A
`
`(To be completed if debtor is required to file periodic reports
`(e.g., fomis 10K and IOQ) with the Securities and Exchange
`Commission pursuant to Section 13 or l5(d) of the Securities
`Exchange Act of I934 and is requesting relief under chapter I l)
`
`
`
`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, I I, I2,
`or I3 oftitle I 1, United States Code, and have explained the relief available
`under each such chapter.
`-
`
`
`
`
`A bankruptcy petition preparer’s failure to comply with the provisions of title
`I I and the Federal Rules of Bankruptcy Procedure may result in fines or
`imprisonment or both ll U_.S.C. §l l0; l3 U.S.C. §l56
`
`
`
`
`
`
` X
`
`Signature ofAttomey for Debtor(s)
`
`
`
`

`
`
`4)
`
`* 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 itspre-paid service obligations. The maximum
`obligation owedto any one ISP customer was $75. There were approximately 17,500bISP customers on the date
`of the division sale. As of this date, only a nominal number of rebate claims have been made.
`
`DALLAS s7s225_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
`
`<9»/W
`
`Robin A. Brooks
`
`DALLAS 607405_l
`
`5015.4
`
`

`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 150,163
`
`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
`
`§ §
`
`§ §
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`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 Cry al Drive, Arlington, Virginia 22202-3513
`on the date indicated below.
`~
`‘
`‘
`
`
`Vikki R. Colvin
`
`4 60 ‘(X
`
`Date
`
`Munsch Hardt Kopf & Harr, P.C.
`1445 Ross Avenue, Suite 4000
`
`Dallas, Texas 75202-2790
`
`Tel. (214) 855-7500
`Fax. (214) 855-7584
`
`DALLAS 607405_l
`
`5015.4