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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`0
`
`,
`
`STERLING SOFTWARE, INC.
`
`vs.
`
`Opposer,
`,,,’—’—/-—-"’(\
`lllllll||l||||llll|\||lll\||||ll||||l|l||||||l||||
`
`05-03-2002
`u.s. Pawn! a. TMO1’clTM Mail Rep! Dt. #74
`
`COOL PARTNERS, INC.
`
`Applicant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`Opposition No. 150,304
`
`In the matter of:
`
`Application Serial No. 76/123,883
`Mark: YOUR COOLLINK TO
`THE INTERNET
`
`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.
`
`<@»n/l%/
`
`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.
`
`

`
`
`
`United States Bankruptcy Court
`Noithem District of Texas, Dallas Division
`
`
`Voluntary Petition
`
`Name of Joint Debtor (Spouse) (Last, First, Middle):
`
`
`
`
`
`Name of debtor ( if individual, enter Last, First, Middle:)
`Cool Partners, Inc.
`
`
`
`
`
`All Other Names used by the Joint Debtor in the last 6 years
`
`(include man'ied, maiden, and trade names):
`
`
`
`
`All Other Names used by the Debtor in the last 6 years
`(include married, maiden, and trade names):
` Coollink Broadcast Network;kCoollink;
`
`CLBN; Cool Partners, LLC
`
`
`
`Soc. Sec./Tax ID. No. (if more than one, state all):
`
` Soc. Sec./Tax l.D. No. (if more than one, state all):
`
`
`
`Street Address ofJoint Debtor:
`
`
`(No. & Street, City, State and Zip Code):
`
`75-28837 09; 75-2783843
`
`Snag: Address of Debtor. (No. & street’ City’ sum 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_ (if different from street address):
`
`
`
`Mailing Address-of Joint 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)
`A
`
`
`
`
`
`.
`.
`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 ISO days immediately preceding the date ofthis petition or for a
`
`longer part ofsuch [80 days than in any other District.
`..
`C]
`There is a bankruptcy case concerning debtor's affiliate, general partner. or partnership pending in this District.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Type or Debtor (chcck an boys that apply)
`Chapter or Section of Bankruptcy Code Under which
`D indiv.'du;1(s)
`[3 Railroad
`the Petition Is Filed(Check onebox)
`Cl Stockbroker
`I Corporation
`
`Cl Partnership
`Cl Commodity Broker
`I Chapter7
`D Chapter ll
`El Chapterl3
`Cl Other
`El Chapter9
`Cl Chapter 12
`
`
` El Sec. 304 - Case ancillary to foreign proceeding
`Filing Fee (Check one box)
`
`
`
`
`
`
`DE]
`
`
`
`Chapter 1 1 Small Business (check all boxes that apply)
`Debtor is a small business as defined in I I U.S.C. § 101
`Debtor is and elects to be considered a small business under
`.
`:
`ii u.s.c. t 112!(e) (Optional)
`Stat" t‘cal/Adrriinistmtive Infomiation (Estimates only)
`;
`is i
`U Debtorestimates that funds will be available fordistribution to unsecured ci
`I Debtor estimates that. after any exempt property is excluded and administral
`available for distribution to unsecured creditors.
`. 5
`.
`50-99
`_
`Estimated Number ofCreditors * (See Attalciied)
`16 49
`C1
`I
`
`i
`
`.
`
`_
`
`.
`
`'
`
`U
`
`350million
`$10million
`Sl,000.000
`$500,000
`El
`i
`E]
`I
`Cl
`Si 000 O0] (0 SW 00000] to
`$500001
`S100 00l
`t
`‘moms s500,'0°oto $1,069.00: “.0mm“
`ssovmnfim
`El
`(3
`D
`I
`E1
`
`U
`Eifinmled
`isotptpmo
`E1
`
`I Full Filing fee attached
`[3 Filing fee to be paid in installments. (Applicable to individuals only).
`Must attach signed application for the court's consideration
`" "UNl’l'El) S"1'A'I'ES 1sAN"i'<Kl'IPTcy L‘UUR'l'
`H
`__
`NORTHERN DISTRICT or TEXAS
`mwwwchapter
`-§iF11ed: 12531 PM: 01/22/02
`Dallas 2%
`'
`E
`, Code
`Judge: Harold C. Abramson
`§ 7
`2
`E
`Trustee’ Robert Yaqumto
`§Debtor(s):
`§
`Cool Partners, Inc.
`‘
`Estimated Assets
`'
`Z
`S50.00lto Sl00,00lttJ $500,00lto Sl.000.00J to Sl0,000.00ltu $50.6 i
`Sl00.000
`3%)
`g
`;
`U
`'
`
`TOTAL mm;
`.
`i
`5 11:20 AM, February 22, 2002
`B. Marshall
`§FrOrn:
`S50 ; Roorn
`Dallas
`iilvlunsch, Hardt, Kopf, Harr & Dinan
`SW‘, §Office ofthe U.S. Trustee
`E 1445 Ross Ave., Suite 4000
`Cl
`f
`g 1100 Commerce St., Room 524
`’ §Dall'as, TX 75202-2790
`§Dallas, TX 75242
`
`iv-..,.uu»u—......u-—-.~._....—....2..........~..-...-.t..._. ......_.........m....«.v.-...-.‘......_........_.A—u..-—-4..
`
`‘ RECEIPT
`
`
`12335 PM: January 22: 2002
`Qty
`Amount
`1
`$20000
`
`
`
`$206.00
`
`5 E E
`
`0)
`
`Nature of Debts (Check one box)
`
`Consumer/Non-Business
`I
`Business
`
`

`
`
`
`Voluntary Petition;
`(This page must be completed riridfiled in every case)
`
`
`
`Name of Debtor(s):
`Cool Partners, Inc.
`
`FORM BI,Page2
`
`
`
`
`
`
`Prior Bankruptcy Case Filed Within Last 6 Years (If more than one, attach additional sheet)
`
`Location
`Where Filed:
`
`N/A
`
`Case Number:
`
`Date Filed-_
`
`V
`
`Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate ofthis Debtor (If more than one, attach additional sheet.)
`Name of Debtor:
`case Number;
`V
`Date Filed:
`
`_
`
`
`
`
`Signatures
`_
`
`
`
`
`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 file this petition on behalf
`of the debtor has been authorized
`
`
`
`
`
`
`
`
`
`
`
`Signature(s) of Debtor(s) (Individual/Joint)
`I declare under penalty of perjury that the infomiation provided in this petition is
`true and COITCCL
`(lf petitioner is an individual whose debts are primarily consumer debts and has
`chosen to file under chapter 7) [am aware that I may proceed under chapter 7,
`1 1, 12 or 13 oftitle 1 1, United States Code, understand the relief available under
`each such chapter, and choose to proceed under chapter 7.
`.
`1 request relief in accordance with the chapter of title ll, United States Code,
`specified in this petition.
`X
`
`
`
`
` X
`
`
`
`The debtor requests reliefin accordance with the chapter oftitle ll, United
`States Code, specified in this petition.
`
`
`. ______J
`X
`Signature ofAuthorized lndiv' ual
`
`Signature of Debtor
`
`Richard Millman
`Signature ofloint Debtor
`Printed Name of Authorized Individual
`
`
`
` President
`Telephone Number (If not represented by attomey)
`Title ofAuthorized Individual
` Date
`
`
`
`
`
` Signa urc ofAttoniey
`
`Date January ? , 2002
`
`.
`
`Signature ofNon-Attomey Petition Preparer
`
`
`
`
`
`
`
`
`
`
`Printed Name ofBankruptcy Petition Preparer
`
`I certify that I am a bankruptcy petition preparer as defined in 11 U.S.C. §l l0,
`that I prepared this document for compensation, and that l have provided the
`debtor with a copy of this document.
`
`Name of Attorney for Debtor(s)
`unsch Hardt K0 f& Hart P.C_
`Firm Name
`4000 Fountain Place 1445 Ross Avenue
`'
`Social Security Number
`Address
`
`
`Dallas Texas 75202-2790
`
`Address
`
`
`
`1214) 855-7500
`Telephone Number
`Janu .
`/ 2002
`
`__:.__* _
`
`
`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
`
`(To be completed if debtor is required to file periodic reports
`(e.g., fomts 10K and IOQ) with the Securities and Exchange
`Commission pursuant to Section 13 or l5(d) ofthe Securities
`Exchange Act of 1934 and is requesting relief under chapter I 1)
`
`
`
` El Exhibit A is attached and made a part of this petition.
`Signature of Bankruptcy Preparer
`Exhibit B
`(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 l
`have informed the petitioner that [he or she] may proceed under chapter 7,
`l l, 12,
`or l3 oftitlc 11, United States Code, and have explained the reliefavailable
`under each such chapter.
`
`
`
`A bankruptcy petition preparcr’s failure to comply with the provisions of title V
`1 1 and the Federal Rules of Bankruptcy Procedure may result in lines or
`imprisonment or both 11 U.S.C.
`(5110; 13 U.S.C. §156
`
`
`
`
`
`
`
`Date
`
`
`
`
`
`X
`
`
`
`
`Signature ofAttomey for Debtor(s)
`
`
`

`
`
`
`I
`
`* Debtor was previously in the business of providing, among other things, ISP services (Intemet 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, 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.
`
`DALIAS S76226_l
`
`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
`
`cfima
`
`Robin A. Brooks
`
`DALLAS 607409_1
`
`5015.4
`
`

`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 150,304
`
`In the matter of:
`
`Application Serial No. 76/123,883
`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 Crystal Drive, Arlington, Virginia 22202-3513
`on the date indicated below.
`\
`b
`
`0/Y}
`
`u
`Vikki R. Colvin
`
`.
`
`14 250 ‘O0?
`
`Munsch Hardt Kopf & Harr, P.C.
`1445 Ross Avenue, Suite 4000
`
`Dallas, Texas 75202-2790
`Tel. (214) 855-7500
`Fax. (214) 855-7584
`
`DALLAS 607409_l
`
`5015.4