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Rnn
08-22-2004, 05:45 PM
As I currently am aware of the active TM cases

Geico in Virgina
American Blinds & Wallpaper in NY
Pets-Warehouse in NY

Are all facing proposed dismissal actions, Geico case will be decided first ( oral argument was recently held ) a decision is expected by month’s end.

American Blind just filed their opposition reply and a decision is expected in 60-90 days.

Pets-Warehouse, Google has just made a pre-motion application so that may be resolved in 120-150 days.

Interestingly 1-800-contacts v. WhenU in New York, that court found that WhenU’s use of trademarks to trigger banner adds was a trademark violation in January ’04, that decision was appealed to the Second Circuit Court of appeals, a decision is expected in September.
This courts decision will have an impact on the pending cases in NY as to American Blinds and Pets Warehouse.

Playboy v Netscape is a case that all are citing in addition to the 800-contacts decision.

Ron