Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA410802
`ESTTA Tracking number:
`05/24/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91198790
`Defendant
`Demetra Elaine Windless
`DEMETRA ELAINE WINDLESS
`810 E BROOKS RD
`MEMPHIS, TN 38116-3010
`UNITED STATES
`dwindless@a1printingsvc.com
`Opposition/Response to Motion
`Demetra Windless
`dwindless@comcast.com , dwindless@a1printingsvc.com
`/Demetra E. Windless/
`05/24/2011
`RESPONSE_TO_MOTION.pdf ( 1 page )(25660 bytes )
`Proof of Doc.pdf ( 2 pages )(3955578 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`
`
`UNITED STATE PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`P.O. BOX 1451
`ALEXANDRIA, VA 22313-1451
`
`DATE MAILED: MAY 23, 2011
`
`NOTICE OF RESPONSE:
`OPPOSITION NO. 91198790
`
`
`
`AOL INC.
`vs. DEMETRA WINDLESS
`
`
`
`ATTN: TRADEMARK REVIEW BOARD:
`
`
`
`April 11, 2011 was the deadline date for submitting my answer. Inasmuch as it
`appears, I did not intentionally ignore the deadline date nor the advantage to file for an
`extension. My intention was to file an answer on or before April 11, 2011; however, I
`was faced with a life threaten emergency situation on March 10, 2011 regarding my
`husband who was admitted to the hospital due to a heart attack. Besides trying to be
`there for my husband, I was also given the responsibility to operate the business as well
`as make personal decisions along with being there for my children. April 20, 2011, he
`was readmitted for additional surgery procedures. Attached, is a copy of his admission
`documents for surgery.
`
`
`
`We will all like to think that we are in some way prepared for major illnesses such
`as my situation; however, it is a situation whereas certain things take priority over others.
`Please except my apology for any misunderstanding. IÓo requesting that a judgment by
`default not be granted and that you allow me the opportunity to submit my answer.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Demetra Windless, Applicant/Defendant
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`
`
`I.
`
`GENERAL CONSENT TO TREATMENT AND TESTS:
`
`A.
`
`I have been referred for care (treatment, testing or othen/vise) at this Baptist facility (the facility). I permit my physicians, the facility and its
`employees and others involved in my care to provide such treatment, testing or care in ways theyjudge beneficial to me. I understand that I have
`the right to ask questions and to receive information about my care and treatment, and the right to withdraw my consent. I consent to
`examinations, x—rays, blood tests, including blood tests for communicable diseases such as hepatitis and AIDS (including testing where health
`care personnel have been exposed to my blood and body fluids), laboratory procedures, medications, infusions, transfusions of blood or blood
`products, anesthesia, radiation therapy and other services or treatments rendered or ordered by my physician, consulting physicians and their
`associates and assistants, or rendered by the facility's employees under the instructions. orders or direction of such physician(s). I understand that
`State law requires reporting of certain positive test results, such as hepatitis and the antibody for the AIDS virus, to the Health Department.
`If the facility participates in the training of medical students, interns, residents, fellows, or allied health care personnel, I consent to the observation
`of and participation in my care by such medical personnel in training.
`I acknowledge that the hospital in certain instances uses reprocessed devices (devices that are cleaned, disinfected or sterilized between uses)
`that are marketed by their manufacturers as ''single use" devices, a practice that is permitted and regulated by the US Food and Drug
`Administration. I accept and consent to the use of these devices and supplies during any surgery and/or other procedure performed on me.
`I permit my physicians, the facility and its employees and others involved in my care to take photographs, film or videotape of me for clinical,
`performance improvement and/or risk management purposes. All such photographs. films or videotape shall become part of my medical record
`and subject to the privacy laws applicable to medical records.
`E. I acknowledge and agree that NO GUARANTEES have been made to me as to the results or outcome of my treatment, testing or other care.
`
`B.
`
`C.
`
`D.
`
`I
`
`I
`
`II.
`
`INDEPENDENTLY PRACTICING DOCTORS AND OTHER HEALTH CARE PROFESSIONALS:
`
`A.
`
`B.
`
`C.
`
`D.
`
`I understand that my admitting and consulting physician(s), radio|ogist(s), pathologist(s), emergency department physician(s), anesthesio|ogist(s),
`podiatrist(s), psycho|ogist(s), allied health professionals employed by physicians or other corporations and private duty nurses (and sitters) are
`engaged in the practice of their professions on behalf of themselves or other corporations and are not employees or agents of the facility. I
`understand that I may receive bills for their professional services in addition to bills I receive from the facility.
`I also understand that the facility permits various educational institutions to train medical students, interns. residents, fellows and other health care
`professionals at the facility. I consent to the observation and participation of all such personnel in my care. I understand and acknowledge that
`while these personnel practice on the facility's premises, use the facility's equipment, and are subject to the facility's administrative rules and
`protocols, they are NOT employees or agents of the facility. The facility is not responsible for their acts or omissions, and I will not attempt to
`hold the facility responsible for their acts or omissions. If I want to know the employment status/affiliation of any health care provider, I will ask
`questions to satisfy myself of their status sufficient to make informed decisions regarding the employment status/affiliations of the various health
`care providers.
`I understand that my physician(s) and other health care providers may have financial interests in various health care ventures. I understand that I
`have a right to question any health care professionals involved in my care about whether they have any such interests that might affect my care.
`I acknowledge that I may receive treatment from hospital-based physicians who do not participate in my insurance plan and that I may receive a
`separate bill from such physicians for the amount unpaid by my insurer.
`
`III. RELEASE FROM LIABILITY FOR LEAVING OR REFUSING CARE AGAINST MEDICAL ADVICE:
`
`I agree that if I leave the facility or refuse care against the advice of my physician or facility personnel, then the facility, its personnel, and my
`physician(s) are released from any responsibility or liability for any injuries or damages which may result from my leaving or refusing care.
`
`IV. FOLLOW—UP CARE REFERRAL:
`I understand that I have the right to choose the agencies that will provide any needed follow—up care, supplies or equipment. If I do not make a choice, I
`authorize the facility to make referral arrangements on my behalf. including referral to agencies affiliated with the facility.
`
`V.
`
`AUTHORIZATION TO ACCESS AND DISCLOSE INFORMATION:
`A.
`I understand that my medical information may be maintained in an electronic medical record to enable Baptist facilities and care providers
`throughout this health care system to more readily obtain access to the information. I understand that I will receive a Notice of Privacy Rights
`from the facility that addresses the ways in which the facility may use my health information for treatment, payment, and health care operations
`purposes. Please acknowledge your receipt of the Notice of Privacy Rights on the reverse side of this form.
`I permit the facility to acknowledge that I am or have been a patient, unless I have specifically instructed the facility to withhold such information.
`I intend for this authorization to apply to my present. past, and future admission at Baptist facilities.
`I understand and agree to the presence of individuals from outside organizations in the patient care area if indicated while I am undergoing
`services at this facility.
`
`B.
`C.
`D.
`
`VI. ORGAN DONATION:
`I understand I have the right to donate my organs.
`
`Vll. TISSUE DISPOSAL:
`I authorize the facility to retain or dispose of tissue removed from my body (including fetal or afterbirth tissue of obstetrics patients) in accordance with
`its usual procedures.
`
`VIII. FINANCIAL RESPONSIBILITY:
`The undersigned, jointly and severally, in consideration for the services rendered to the above named patient, accept financial responsibility and
`agree to pay in advance any applicable deductibles. copayments, coinsurance and estimated self pay dollars and to pay in arrears the facility's
`rates and terms for services rendered to the patient upon receipt of a statement for such charges. The undersigned further agree that if such
`indebtedness is placed in the hands of a collector or an attorney for collection, the undersigned will pay reasonable attorney fees, interest, court
`costs and other collection costs and expenses. I also understand that I may qualify for financial assistance programs and that I may secure a
`determination of such upon request. I further understand that such a determination is dependent upon my timely submittal of appropriate financial
`documentation and failure to rovide an such documentation could affect rn
`ualification for financial assistance.
`
`
`
`
`
`
`@BAPTIST.
`GENERAL CONDITIONS
`
`IIIIIIII|||||||||lIIlII||||I|I|||||
`
`ADMGC
`
`Form # 0237.27 (6/10) Page 1 of 2
`
`OPE
`W'~°LESS'FRAZER
`
`04/20/11
`
`ADM: ALLEN JFl,RAY M
`
`ACCEE1 111900047
`
`MR:00O2547088
`
`

`
`
`
`Part A
`I
`.
`GENERAL CONSENT TO TREATMENT AND TESTS:
`
`A.
`
`8.
`
`C.
`
`D.
`
`E.
`
`I permit my physicians, the facility and its
`I have been referred for care (treatment, testing or otherwise) at this Baptist facility (the facility).
`employees and others involved in my care to provide such treatment, testing or care in ways they judge beneficial to me. I understand that I have
`the right to ask questions and to receive information about my care and treatment, and the right to withdraw my consent. I consent to
`examinations, x-rays, blood tests, including blood tests for communicable diseases such as hepatitis and AIDS (including testing where health
`care personnel have been exposed to my blood and body fluids), laboratory procedures, medications, infusions, transfusions of blood or blood
`products, anesthesia, radiation therapy and other services or treatments rendered or ordered by my physician, consulting physicians and their
`associates and assistants, or rendered by the facility's employees under the instructions, orders or direction of such physician(s). I understand that
`State law requires reporting of certain positive test results, such as hepatitis and the antibody for the AIDS virus, to the Health Department.
`Ifthe facility participates in the training of medical students, interns, residents, fellows, or allied health care personnel, I consent to the observation
`of and participation in my care by such medical personnel in training.
`I acknowledge that the hospital in certain instances uses reprocessed devices (devices that are cleaned, disinfected or sterilized between uses)
`that are marketed by their manufacturers as "single use" devices, a practice that is permitted and regulated by the US Food and Drug
`Administration. I accept and consent to the use of these devices and supplies during any surgery and/or other procedure performed on me.
`I permit my physicians, the facility and its employees and others involved in my care to take photographs, film or videotape of me for clinical,
`performance improvement and/or risk management purposes. All such photographs, films or videotape shall become part of my medical record
`and subject to the privacy laws applicable to medical records.
`I acknowledge and agree that NO GUARANTEES have been made to me as to the results or outcome of my treatment testing or other
`care
`L,
`
`II.
`
`B.
`
`INDEPENDENTLY PRACTICING DOCTORS AND OTHER HEALTH CARE PROFESSIONALS:
`A.
`I understand that my admitting and consulting physician(s), radio|ogist(s), patho|ogist(s), emergency department physician(s), anesthesiologist(s),
`podiatrist(s), psycho|ogist(s), allied health professionals employed by physicians or other corporations and private duty nurses (and sitters) are
`engaged in the practice of their professions on behalf of themselves or other corporations and are not employees or agents of the facility. I
`understand that I may receive bills for their professional services in addition to bills I receive from the facility.
`I also understand that the facility permits various educational institutions to train medical students, interns, residents, fellows and other health care
`professionals at the facility. I consent to the observation and participation ofall such personnel in my care. I understand and acknowledge that
`while these personnel practice on the facility's premises, use the facility's equipment, and are subject to the facility's administrative rules and
`protocols, they are NOT employees or agents of the facility. The facility is not responsible for their acts or omissions, and I will not attempt to
`hold the facility responsible for their acts or omissions. lfl want to know the employment status/affiliation of any health care provider, I will ask
`questions to satisfy myself of their status sufficient to make informed decisions regarding the employment status/affiliations of the various health
`care providers.
`I understand that my physician(s) and other health care providers may have financial interests in various health care ventures. I understand that I
`have a right to question any health care professionals involved in my care about whether they have any such interests that might affect my care.
`I acknowledge that I may receive treatment from hospital-based physicians who do not participate in my insurance plan and that I may receive a
`separate bill from such physicians for the amount unpaid by my insurer.
`
`C.
`
`D.
`
`III. RELEASE FROM LIABILITY FOR LEAVING OR REFUSING CARE AGAINST MEDICAL ADVICE:
`I agree that if I leave the facility or refuse care against the advice of my physician or facility personnel, then the facility, its personnel, and my
`physician(s) are released from any responsibility or liability for any injuries or damages which may result from my leaving or refusing care.
`
`IV. FOLLOW-UP CARE REFERRAL:
`I understand that I have the right to choose the agencies that will provide any needed follow-up care, supplies or equipment. If I do not make a choice,
`I authorize the facility to make referral arrangements on my behalf, including referral to agencies affiliated with the facility.
`
`V.
`
`AUTHORIZATION TO ACCESS AND DISCLOSE INFORMATION:
`A.
`I understand that my medical information may be maintained in an electronic medical record to enable Baptist facilities and care providers
`throughout this health care system to more readily obtain access to the information. I understand that I will receive a Notice of Privacy Rights
`from the facility that addresses the ways in which the facility may use my health information for treatment, payment, and health care operations
`purposes. Please acknowledge your receipt of the Notice of Privacy Rights on the reverse side of this form.
`I permit the facility to acknowledge that I am or have been a patient, unless I have specifically instructed the facility to withhold such information.
`I intend for this authorization to apply to my present, past, and future admission at Baptist facilities.
`I understand and agree to the presence of individuals from outside organizations in the patient care area if indicated while I am undergoing
`services at this facility.
`
`B.
`C.
`D.
`
`VI. ORGAN DONATION:
`I understand I have the right to donate my organs.
`
`VII. TISSUE DISPOSAL:
`I authorize the facility to retain or dispose of tissue removed from my body (including fetal or afterbirth tissue of obstetrics patients) in accordance
`with its usual procedures.
`
`
`
`ER
`
`Patient Label G 3_A
`
`ACCT:E1106900697
`ZER
`
`03/ I 0/ I I
`ADM: MADASU,RAVI KIRAN
`
`'
`
`@BAPTIST.
`IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
`
`GENERAL CONDITIONS
`
`EMERGENCY DEPARTMENT
`
`ADMGC
`
`Form # 0237.49 (6/10) Pace 1 of 2