`(exceeds 300 pages)
`
`Proceeding] Serial No:
`
`/7 E? Sly?‘
`
`(/13
`
`Filed:
`
`3 “U” "G C,
`
`
`
`KING 8c SPALDING up
`
`1185 Avenue of the Americas
`New York, New York 10036-4003
`Main: 212/556-2100
`Fax: 212/556-2222
`www.kslaw.com
`
`James D. Dunlop
`JDun1op@kslaw.com
`
`March 6, 2006
`
`VIA EXPRESS MAIL # EV 324758425 US
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`
`Alexandria, Virginia 22313-1451
`
`Re:
`
`Mark:
`SPRITE QUENCH
`Serial No.:
`78/449,413
`Applicant: The Coca-Cola Company
`
`Madam:
`
`Please find enclosed a Request for Reconsideration, consisting of:
`
`1.
`2.
`3.
`
`Request for Reconsideration of Final Office Action;
`One acknowledgement postcard; and
`One certificate of Express Mail # EV 324758425 US pursuant to 37
`C.F.R. § 1.10.
`
`A duplicate copy of this letter is enclosed.
`
`Please stamp and return the enclosed acknowledgement postcard.
`
`Respectfully submitted,
`
`/./J
`
`munmlmllmmulnllllll“
`
`03-07-2006
`U.$. Patent & TMOTCITM Mail Rcpl D1. #30
`
`ATLANTA ‘ HOUSTON ° LONDON ° NEW YORK ' WASHINGTON, D.C.
`
`
`
`CERTIFICATE OF EXPRESS MAIL UNDER 37 C.F.R. 1.10
`
`Mark:
`
`SPRITE QUENCH
`
`Serial No.:
`
`78/449,413
`
`“Express Mail” Mailing Label Number: # EV 324758425 US
`
`Date of Deposit: March 6, 2006
`
`—
`—
`—
`
`Request for Reconsideration of Final Office Action
`One acknowledgment postcard
`One certificate of Express Mail # EV 324758425 US pursuant to 37 C.F.R. § 1.10.
`
`I hereby certify that the above—mentioned documents are being deposited with the United
`
`States Postal Service “Express Mail Post Office to Addressee” service under 37 C.F.R. §1.10 on
`
`the date indicated above and are addressed to Commissioner for Trademarks, P.O. Box 1451,
`
`Alexandria, Virginia 22313-1451.
`
`Dated: March 6, 2006
`
`
`
`Serial No.2 7 8/449,4 13
`Examining Attorney: Michael Webster
`Law Office: 102
`
`
`
`Applicant
`
`Serial No.
`
`Filed
`
`Mark
`
`Examining
`Attorney
`
`Law Office
`
`:
`
`:
`
`:
`
`:
`
`:
`
`:
`
`The Coca-Cola Company
`
`78/449,413
`
`July 12, 2004
`
`SPRITE QUENCH
`
`Michael Webster
`
`102
`
`REQUEST FOR RECONSIDERATION
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`
`Alexandria, Virginia 22313-1451
`
`To the Commissioner of Trademarks:
`
`This Request for Reconsideration is submitted in response to the Office Action dated
`
`September 6, 2005, in which the Examining Attorney issued a final refusal of Applicant’s Mark
`
`on the basis of likelihood of confusion under Section 2(d) of the Trademark Act.
`
`37 CFR
`
`§ 2.64(b), TMEP § 715.03.
`
`REMARKS
`
`A.
`
`Introduction
`
`The Examining Attorney has taken the position that Applicant’s Mark SPRITE
`
`QUENCH is likely to be confused with the marks shown in Registrations Numbers 177,132 for
`
`ORANGE QUENCH, 555,789 for QUENCH in a stylized form, 746,274 for QUENCH &
`
`
`
`
`
`Serial No.2 78/449,413
`Examining Attorney: Michael Webster
`Law Office: 102
`
`Design, 1,741,580 for DIET QUENCH, 1,745,989 for DIET QUENCH & Design, and 2,619,047
`
`for QWENCH, and has refused registration. Trademark Act Section 2(d), 15 USC § l052(d),
`
`TMEP § 1207.
`
`As a preliminary matter, Applicant notes that
`
`the first Registration cited by the
`
`Examining Attorney, Reg. No. 177,132 for ORANGE QUENCH, is no longer valid, as it was
`
`canceled on September 18, 2004. Applicant will therefore only address herein the remaining five
`
`(5) Registrations cited by the Examining attorney (hereinafter, the “Cited Marks”). Applicant
`
`respectfully disagrees that Applicant’s Mark is likely to be confused with any of the Cited
`
`Marks, and requests that the final refusal of registration be withdrawn and the Application
`
`permitted to proceed to Publication.
`
`B.
`
`SPRITE IS THE DOMINANT PART OF THE MARK
`
`In the response to the Office Action, Applicant took the position that its famous mark
`
`SPRITE is the dominant part of the composite mark SPRITE QUENCH and, in view of the fact
`
`that QUENCH is a diluted, weaker term with regard to beverages, that the inclusion of SPRITE
`
`in Applicant’s Mark will mitigate any likelihood of confusion.
`
`In the Final Office Action, the
`
`Examining Attorney states in response that Applicant’s position is unsupported and contrary to
`
`trademark law. It is respectfully submitted that both the TMEP and case law support Applicant’s
`
`position that SPRITE is the dominant part of the mark.
`
`The TMEP clearly states that a fanciful or arbitrary mark is generally found to be the
`
`dominant part of the mark. TMEP § 1207.01 (b)(viii). The word SPRITE, as defined by the
`
`American Heritage Dictionag of the English LangL_1age, has five possible meanings: 1. a small or
`
`
`
`Serial No.: 78/449,413
`Examining Attorney: Michael Webster
`Law Office: 102
`
`elusive supernatural being - an elf or pixie; 2. an elflike person; 3. a specter or ghost; 4. a soul; 5.
`
`a large, dim, red flash that appears above active thunderstorms in conjunction with lightning.
`
`Houghton Mifflin Company (4"‘ ed. 2000) (hereinafter “American Heritage Dictionm”). None
`
`of these definitions describes, is suggestive of, or has anything to do with, beverage products.
`
`The mark SPRITE is clearly arbitrary with regard to beverages in Class 32. As set forth in the
`
`TMEP, an arbitrary mark is normally the dominant part of the mark. This is particularly true
`
`where, as here, the remaining part of the mark is suggestive or weak.
`
`It is well-established that consumers are more likely to perceive a fanciful or arbitrary
`
`term -- rather than a generic, descriptive, or highly suggestive term -- as the source-indicating
`
`feature of a mark.
`
`_S_e_§ Colgate-Palmolive Co. v. Carter-Wallace, Inc., 432 F.2d 1400, 1402, 167
`
`USPQ 529 (CCPA 1970) (holding PEAK PERIOD is not confusingly similar to PEAK); Knapp-
`
`Monarch Co. v. Poloron Products Inc., 134 USPQ 412 (TTAB 1962) (no likelihood of confusion
`
`between THERMEX and THERM-A-JUG, as common element “THERM” is suggestive of heat-
`
`insulating); Conde Nast Publ’ns, Inc. V. Miss Quality, Inc., 507 F.2d 1404, 1407, 184 USPQ 422
`
`(C.C.P.A. 1975) (holding COUNTRY VOGUES is not confusingly similar to VOGUE); Q1n_d-
`
`O—Nod Co. v. Paulison, 220 USPQ 61 (TTAB1983) (comparing the marks CHIROPRACTIC
`
`and CHIRO-MATIC for mattresses, the common element “CHIRO” was suggestive of healthful
`
`support and therefore weak); In re Hamilton Bank, 222 USPQ 174 (TTAB 1984) (no likelihood
`
`of confusion between KEY for banking services and other marks incorporating the word “KEY”,
`
`as the common element, “KEY”, is suggestive of a desirable characteristic of banking, and
`
`therefore weak).
`
`The American Heritage Dictionary defines QUENCH as: 1.
`
`to put out (a fire, for
`
`example), to extinguish; 2. to suppress, squelch: the disapproval of my colleagues quenched my
`
`
`
`Serial No.: 78/449,413
`Examining Attorney: Michael Webster
`Law Office: 102
`
`enthusiasm for the plan; 3.
`
`to put an end to, destroy; 4.
`
`to slake or satisfy: mineral water
`
`quenched our thirst; 5. to cool (hot metal) by thrusting into water or other liquid. Unlike the
`
`mark SPRITE,
`
`the word QUENCH is clearly suggestive of desirable characteristics and
`
`properties for beverages.
`
`In accordance with the authorities cited above, SPRITE should be
`
`considered the dominant part of Applicant’s Mark.
`
`It is also well-settled that the first part of a mark is most likely to be impressed upon the
`
`mind of a purchaser and be remembered by the purchaser as the dominant part of the mark.
`
`Presto Products Inc. v. Nice-Pak Products Inc., 9 USPQ2d 1895, 1897 (TTAB 1988) (“[I]t is
`
`ofien the first part of a mark which is most likely to be impressed upon the mind of a purchaser
`
`and remembered.”); Palm Bay Imports, Inc. v. Veuve Clicguot Ponsardin Maison Fondee en
`
`1772, 396 F.3d 1369, 1372 (Fed. Cir. 2005) (finding that first word VEUVE in the word mark
`
`VEUVE CLICQUOT is the prominent feature, because it is the first word in the mark and the
`
`first word appearing on the wine label). Here, the term SPRITE is the first part of Applicant’s
`
`Mark and should be considered the dominant part of the composite mark SPRITE QUENCH.
`
`C. SPRITE IS A FAMOUS MARK, BUT IS NOT A HOUSE MARK
`
`In the Final Office Action the Examining Attorney stated that the “applicant has merely
`
`added its house mark to a mark that registrant has registered”, that “the addition of a house mark
`
`is more likely to add to the likelihood of confusion than to distinguish the marks”, and that “the
`
`addition of... a house mark or trade name...wi1l not serve to avoid a likelihood of confusion”
`
`between two otherwise confusingly similar marks. The term SPRITE is not a house mark or
`
`trade name of the Applicant. The mark SPRITE is a registered trademark of The Coca-Cola
`
`
`
`Serial No.: 78/449,413
`Examining Attorney: Michael Webster
`Law Office: 102
`
`Company and is not used as a house mark,
`
`trade name, or legal name of the Applicant.
`
`Moreover, the mark SPRITE is a famous mark that has been in use for over fifty years (see
`
`Applicant’s Reg. No. 2,109,200) and is known by consumers as a mark for beverage products
`
`distributed exclusively by the Applicant.
`
`There is substantial case law holding that well-known and famous elements of a
`
`composite mark will likely make the most impression on consumers, and should therefore be
`
`treated as the dominant portion of conflicting marks, and accorded greater weight
`
`in the
`
`comparison. Ty, Inc. v. Jones Group, Inc., 237 F.3d 891, 57 USPQ.2d 1617 (7th Cir. 2001).
`
`In
`
`Ixg, the court affirmed a preliminary injunction as a likelihood of confusion was found
`
`between the senior mark BEANIE BABIES and BEANIE RACER, both for plush toys. The
`
`court noted that “[t]he word ‘Beanie’ is a well-known and famous part of [plaintiffs] mark,
`
`rendering it the more salient portion of the mark and therefore deserving greater weight than the
`
`surrounding elements.” In Nabisco Inc. V. Wamer-Lambert Co., recognizing the fame of the
`
`mark DENTYNE, the court found that the inclusion of DENTYNE in the mark “significantly
`
`reduces, if not altogether eliminates, the likelihood that consumers will be confused as to the
`
`source of the parties’ products [DENTYNE ICE and ICE BREAKERS].” 220 F.3d 43, 47, 55
`
`USPQ 1051 (2d Cir. 2000). These recent decisions supersede the older decisions from the 1970s
`
`and 1980s cited in the Final Office Action.
`
`In addition, the older cases cited in the Final Office Action are distinguishable. For
`
`instance, In re Dennison Mfg. Co., the marks at issue were GLU STIC and UHU GLU STIC, and
`
`the Trademark Trial and Appeal Board based its finding of likelihood of confusion on the fact
`
`that “the words ‘GLU STIC’ .
`
`.
`
`. are set apart from, and presented in much larger letters than, the
`
`term ‘UHU’, so that they dominate the mark visua1ly.” 229 USPQ 141, 144 (TTAB 1986).
`
`
`
`
`
`Serial No.: 78/449,413
`Examining Attorney: Michael Webster
`Law Office: 102
`
`Similarly, A.T. Cross Co., V. Jonathan Bradley Pens, Inc. involved a disclaimer -- “by Bradley”
`
`-- in smaller lettering and at the end of the marks at issue (i.e., LA CROSSE and CROSSET
`
`versus the senior user’s CROS S), and the dominant element of the marks at issue was exactly the
`
`same as the whole of the senior user’s mark -— which is not the case here. 470 F.2d 689, 176
`
`USPQ 15 (2nd Cir. 1972). Moreover, both 13% and A.T. Cross involved the addition
`
`of a trade name or house mark which, as mentioned above, is not the case with respect to the
`
`present application.
`
`C.
`
`QUENCH IS A WEAK MARK
`
`In the response to the first Office Action, Applicant took the position that the term
`
`QUENCH is weak due to widespread third party use in connection with beverages and that, as a
`
`result, the addition of the dominant, famous mark SPRITE to QUENCH was sufficient to
`
`mitigate any likelihood of confusion. The Examining Attorney disagreed, finding that the Nexis
`
`search results are “of little or no probative value since the abstracts of articles submitted did not
`
`show enough of the articles to determine who is the owner of the marks and what the products
`
`refer to.” The Applicant respectfully submits that the original Nexis articles are sufficient to
`
`demonstrate, at a minimum, that the term QUENCH is used extensively by numerous third
`
`parties as a suggestive or merely descriptive term for beverages and that the identity or specific
`
`products referred to in the articles are urmecessary to prove that the term is weak. Nevertheless,
`
`attached hereto are the full articles for the Nexis abstracts previously submitted by the Applicant.
`
`The Final Office Action states that “[e]ven if applicant has shown that the cited mark is
`
`weak, such marks are still entitled to protection....” The Examining Attorney may have
`
`
`
`Serial No.2 78/449,413
`Examining Attorney: Michael Webster
`Law Office: 102
`
`misunderstood the Applicant’s response to the first Office Action. Applicant did not indicate that
`
`weak marks are not entitled to protection. Applicant’s position is that QUENCH is a weak term
`
`that, when used together with the dominant, well-known trademark SPRITE as part of the
`
`composite mark SPRITE QUENCH, results in a mark that is distinguishable from, and is able to
`
`coexist with, the other QUENCH/QWENCH marks that already coexist for beverage products in
`
`Class 32 without causing confusion.
`
`Applicant agrees that third-party registrations are not “dispositive” on the question of
`
`likelihood of confusion. Nevertheless, such registrations undeniably add weight to the conclusion
`
`that QUENCH is a weak, relatively common term used by many parties in relation to beverage
`
`products, and that consumers will look to other elements to distinguish the source of the goods at
`
`issue. E TMEP § 1207.0l(d)(iii); sg al_sq Marcel Paper Mills, Inc. v. American Can
`
`Company, 212 USPQ 853, 863 (TTAB 1981).
`
`Applicant
`
`is not requesting special
`
`treatment. Applicant merely requests the same
`
`treatment afforded by the USPTO in allowing registration of forrnatives of the mark
`
`QUENCH/QWENCH by other parties for beverage products.
`
`
`
`Serial No.: 78/449,413
`
`Examining Attorney: Michael Webster
`Law Office: 102
`
`CONCLUSION
`
`Applicant respectfully submits that its mark SPRITE QUENCH is not confusingly similar
`
`to the Cited Marks. The marks differ in sight, sound, and commercial impression. In view of the
`
`foregoing, Applicant respectfully requests that the Examining Attorney reconsider his decision to
`
`make the Section 2(d) refusal final, and pass this mark on to publication.
`
`Respectfully submitted,
`
`KING & SPALDING LLP
`
`Attorneys for Applicant
`
`Dated: March 6, 2006
`
`New York, New York
`
`118 Avenue of t e Americas
`
`New York, New York 10036
`(212) 556-2100
`
`
`
`
`
`NEXIS ARTICLESNEXIS ARTICLES
`
`
`
`SET 1 OF 3SET 1 OF 3
`
`
`
`1 of 156 DOCUMENTS
`
`Copyright 2005 Aberdeen Evening Express
`Aberdeen Evening Express
`
`May 6, 2005
`
`SECTION: Features; General; Property; Pg. 6
`
`LENGTH: 454 words
`
`HEADLINE: It's on the house
`
`BODY:
`
`Homer Simpson would probably love one and Del Boy has one
`home was thought of as being a bit cheesy.
`
`a bar that is. Once upon a time having a bar at
`
`But home bars have been rediscovered and are fast becoming a fashionable accessory for those who want to enter-
`tain in style at home.
`
`Leading interior designer Karen Howes believes that the trend reflects a return of fun, glamour and luxury in
`homes and goes hand-in—hand with the demand for home cinemas and pools.
`
`"I think the real reason there's a trend towards home bars is that people are becoming more relaxed about entertain-
`ing.at home, and also want to spend more time at home," she said.
`
`"A bar provides a wonderful ‘wow’ feature if you have the space." So whether you're trying to recreate the Copaca-
`bana in Cullen or the Algonquin in Aberdeen, join the party with your own bar.
`
`IFUNKY STYLE: This room has been designed by interior designers Taylor Howes Designs and features a home
`bar which looks both funky and practical. (020) 7349 9017, www.thdesigns.co.uk" target="new"
`class="1blue">www.thdesigns.co.uk ZTRENDY CHOICE: Make a sleek, style statement with a Quench bar, which is
`more James Bond than Del Boy. It has a stainless steel top and frame and illuminated panels and can incorporate all the
`bells and whistles such as a foot rail, sinks, drip trays and coolers.
`
`Prices start from £ 2,995 up to £ 5,695. (01483) 7404555 or www.quench.info" target="new"
`class="lb1ue">www.quench.info 3COCKTAIL KUDOS: Discover the inside gen on making great cocktails from the
`master of the craft, Douglas Ankrah. He reveals all in his book, Shaken and Stirred (Kyle Cathie: £ 14.99) with recipes
`for more than 100 heady drinks including Champagne cocktail, Wild Chilli martini and Cosmopolitan punch.
`
`4THIRST QUENCHER: Arranged bottles and glasses on a Litebar, also from Quench. This contemporary shelf in
`acrylic and stainless steel is discreet during the day, but comes alive at night as it's illuminated from within and glows to
`give that funky club atmosphere. It is 1875mm long and costs £ 795.
`
`STRADITIONAL CHOICE: If you've always fancied yourself as the landlord of the Queen Vic in EastEnders and
`like that mid-Victorian period style, you could replicate it with one of the mahogany bars from Bargizmos.
`
`Its mahogany curved bar counter is £ 2,950 or go the whole hog with the Albert Cocktail bar and back display,
`complete with cut glass mirror and tiles.
`
`Hand pumps can be fitted, and it costs £ 4,230. A Victoria Canopy cocktail bar, with an illuminated canopy in the
`panelled ceiling, costs £ 7,370.
`
`Ring (01952) 618 877 or check www.bargizmos.co.uk" target="new" class="lblue">www.bargizmos.co.uk
`
`LOAD-DATE: May 7, 2005
`
`
`
`l of 3 DOCUMENTS
`
`Copyright 2005 THE DALLAS MORNING NEWS
`THE DALLAS MORNING NEWS
`
`March 1, 2005 Tuesday
`SECOND EDITION
`
`SECTION: QUICK; Pg. 15
`
`LENGTH: 576 words
`
`HEADLINE: Quench time Is that beverage really good for you? An expert rates some popular choices
`
`BODY:
`
`Most health experts say we need to kick the soda habit in favor of beverages that offer more nutrition. But you've
`got to be a label sleuth to separate drinks that deliver real nutrition from those that fill you with empty calories.
`
`Registered dietitian Amy Haynes, a culinary instructor who teaches nutritional cooking at the Art Institute of Dal-
`las, offers her opinion on a variety of beverages based only on the nutrition facts panel and ingredients.
`DMN
`
`WHAT TO LOOK FOR ON A LABEL
`
`Start with the ingredients. Avoid drinks sweetened with high fructose corn syrup. Look for natural sweeteners, such
`as fruit juice or concentrate.
`
`Look at the calories. Calories can be a tip—off that the beverage is loaded with sweeteners, which are "empty" nutri-
`tionally.
`
`Check the serving size. Often, a bottle will contain more than one serving.
`
`Don't over—read the sugar info. It can help to look at the grams of sugar. But unless you can evaluate the difference
`between sugars with nutrients (in fruit juice and milk) vs. "empty calories" of added sugars, it's best to simply stick with
`checking out the other items.
`
`DMN
`
`Gatorade
`
`Serving size: 8 ounces
`
`Servings per bottle: 2.5
`
`Calories per serving: 50
`
`Total sugars per serving: 14 grams
`
`Calories per bottle: 125
`
`Total sugars per bottle: 35 grams or 9 teaspoons
`Ingredients: Water, sucrose syrup, glucose—fructose syrup, citric acid, natural lemon and lime flavors with other
`natural flavors, salt, sodium citrate, monopotassium phosphate, ester gum, yellow 5.
`
`Bottom line: A qualified winner
`
`
`
`0
`
`“
`
`Page 2
`
`Quench time Is that beverage really good for you? An expert rates some p
`
`Comments: This sports drink gets a B, but only if consumed as intended: for exercise in the heat/humidity for more
`than an hour to replenish electrolytes and glycogen lost during a workout. A nice "homemade" sports drink would be
`half fruit juice (especially orange juice), half water.
`Minute Maid
`
`100 percent
`
`Orange Juice
`
`Serving size: 8 ounces
`
`Servings per bottle: 2
`
`Calories per serving: ll0
`
`Total sugars per serving: 24 grams
`
`Calories per bottle: 220
`
`Total sugars per bottle: 48 grams (all natural fruit sugars from juice)
`
`Vitamins: C, 100 percent (per serving); Thiamin, 10 percent (per serving); Folate, 15 percent (per serving)
`
`Ingredients: Pure filtered water, premium concentrated orange juice, ascorbic acid.
`
`Bottom line: Two thumbs up
`
`Comment: OJ is an especially nutritious juice. But orange juice does have the potential to cause acid reflux and
`subsequent heartburn.
`
`Diet Snapple Peach Iced Tea
`
`Serving size: 8 ounces
`
`Servings per bottle: 2
`
`Calories per serving: 0
`
`Total sugars per serving: 0
`
`Calories per bottle: 0
`
`Total sugars per bottle: 0
`
`Ingredients: Starts with real tea leaves and is made from: water, citric acid, tea, natural flavors, Aspartame, potas-
`sium citrate, malic acid.
`
`Bottom line: Will do in a pinch
`
`Comments: No calories or added sugar — and it's tea, with all tea's health benefits. Studies show that moderate con-
`sumption of Food and Drug Administration-approved artificial sweeteners is generally recognized as safe.
`
`Dr Pepper
`
`Serving size: 8 ounces
`
`Servings per bottle: 2.5
`
`Calories per serving: 100
`
`Total sugars per serving: 27 grams
`
`Calories per bottle: 250
`
`Total sugars per bottle: 67.5 grams or 17 teaspoons sugar
`Ingredients: Carbonated water, high fructose corn syrup and/or sugar, caramel color, phosphoric acid, artificial and
`natural flavors, sodium benzoate, caffeine.
`
`Bottom line: Don't go there
`
`
`
`.
`
`.
`
`Page 3
`
`Quench time Is that beverage really good for you? An expert rates some p
`
`Comments: You might as well name this drink "Empty Calories." It has no nutrients in relation to the number of
`calories it contains.
`
`LOAD-DATE: March 11, 2005
`
`
`
`.3
`
`1 of 1 DOCUMENT
`
`Copyright 2005 PR Newswire Association LLC.
`All Rights Reserved.
`PR Newswire US
`
`January 5, 2005 Wednesday
`
`LENGTH: 944 words
`
`I-LEADLINE: Zebra Technologies Changes Rules of the Road for Route Accounting and Direct Store Delivery Ap-
`p ications;
`Zebra Drives Its Industry-Leading Mobile Printing Expertise Into Beverage, Bakery, and Snack Industries to Help Cus-
`tomers Improve Accuracy and Cash Flow
`
`DATELINE: VERNON HILLS, Ill. Jan. 5
`
`BODY:
`
`VERNON HILLS, Ill., Jan. 5 /PRNewswire-FirstCall/ —- When it comes to record keeping and reconciliation at the
`end of a shift, route drivers who deliver and stock retailers’ shelves with beverages, bakery goods, and snack foods,
`readily admit it's a time-consuming and frustrating chore. While some drivers use automated mobile and in-vehicle
`systems to record sales orders and issue receipts, those systems are bulky, prone to failure, and inflexible -— severely
`limiting on—the«spot transaction processing that can save time, increase accuracy and boost cash flow. But now, the
`rules of the road for route accounting and direct store delivery (DSD) applications are about to change.
`
`Zebra Technologies (NASDAQ:ZBRA), a global leader in delivering on—demand printing solutions for business
`improvement, today announces it is bringing increased accuracy, speed, and cash flow to route accounting and DSD
`applications within the beverage, bakery, and snack industries. Already established in these industries as a leading pro-
`vider of bar code printing solutions for shipping and distribution operations, ingredients labeling, and drum and case
`identification, Zebra is building on its 35-year history by extending its specialty printing expertise to meet the needs of
`the mobile delivery workforce.
`
`Zebra's new breed of mobile business tools help snack, bakery, and beverage companies reduce costs, while in-
`creasing transaction accuracy, cash flow, and route worker efficiency and productivity. Zebra's new RW 420 mobile
`thermal printer was specifically developed for DSD and route accounting applications, so delivery personnel can con-
`duct real-time invoicing and credit verification, shaving days off account receivables and significantly boosting cash
`flow.
`
`"After listening to our beverage, bakery, and snack industry customers, we knew it was time to give them a better
`tool for the job," says Bob Danahy, director, global mobile and wireless technology for Zebra. "They want smaller,
`reliable mobile printers that are easier to use, save on paper, and process credit card transactions on the spot. Zebra's
`newest addition to its mobile line -- the RW 420 -- meets all of these requirements and more, so that field reps can
`spend more time profitably selling to and servicing customers - - instead of mired in paperwork."
`
`For nearly two decades, Zebra has collaborated with leading technology partners to bring innovative, secure, and
`certified mobile and wireless printing solutions to market for a host of leading businesses and governments. Zebra has
`the industry's broadest line of mobile printers. In addition to the RW 420, Zebra's mobile printer line includes the
`Cameo series, QL series and PA/PT series. Today, more than 90 percent of Fortune 500 and Global 2000 companies
`rely on Zebra on-demand specialty printing solutions for their mission-critical applications.
`
`Solution Quenches Real Need Among Beverage, Bakery, and Snack Companies
`
`Zebra's RW 420 is an affordable, reliable mobile printing solution that combines small size, portability, and secure,
`wireless credit card processing with the ruggedness to stand up to life on the road. Empowering this mobile workforce
`brings real value to the bottom line in the form of increased business efficiency, productivity and cash flow. In addition,
`
`
`
`Zebra Technologies Changes Rules of the Road for Route Accounting and Di
`
`Page 2
`
`the RW 420 is designed for real—time credit verification and payment, as well as processing invoices, receipts, sales or-
`ders, and estimates more quickly and more accurately than existing systems.
`
`Zebra's on-demand thermal printing technology ensures fast, consistent, highly legible printing, under even the
`most demanding weather conditions —- all at the point of transaction. A unique charging cradle that features a one-
`handed release push button can be mounted easily in a delivery vehicle, eliminating the risk of lost data due to a dead
`battery.
`
`The lightweight and compact RW 420 printer has a large, angled display for comfortable viewing. It includes wire-
`less communications options such as Bluetooth and 802.1 lb, and a smart card and magnetic stripe reader module that is
`EMV certified for use in Europe. The rugged Zebra printer withstands extreme conditions and rough handling, such as
`multiple six—foot-drops to concrete. It also has earned the rigorous International Electrotechnical Commission's (IEC)
`IP54 environmental rating for wind, dust, and water resistance.
`
`Zebra's white paper, "Improving Route Accounting with Mobile Printing Applications" is available free-of-charge
`online at http://www.mobile.zebra.com/
`, or call Zebra Technologies at +1 800 423 0442.
`
`About Zebra Technologies
`
`Zebra Technologies Corp. (NASDAQ:ZBRA) delivers innovative and reliable on-demand printing solutions for
`business improvement and security applications in 90 countries around the world. More than 90 percent of Fortune 500
`companies use Zebra-brand printers. A broad range of applications benefit from Zebra-brand thermal bar code, "smart"
`label, receipt, and card printers, resulting in enhanced security, increased productivity, improved quality, lower costs,
`and better customer service. The company has sold four million printers, including wireless/mobile solutions and RFID
`printer/encoders, and also offers software, connectivity solutions, and printing supplies. Information about Zebra bar
`code and RFID products can be found at http://www.zebra.com/
`.
`CONTACT:
`Tricia Spellman
`tspel lman@outlookmarket:ingsrv . com
`
`Tel: +1 847 509 3099
`
`CONTACT: Tricia Spellman for Zebra Technologies, +1-847-509-3099,
`tspellman@outlookmarketingsrv.com
`
`Web site: http://www.zebra.com/
`http://www.mobile.zebra.com/
`
`SOURCE Zebra Technologies
`
`URL: http://www.prnewswire.com
`
`LOAD-DATE: January 6, 2005
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`3 of 156 DOCUMENTS
`
`Copyright 2004 The Atlanta Journal—Constitution
`The Atlanta Journal—Constitution
`
`November 7, 2004 Sunday Home Edition
`
`SECTION: Travel; Pg. 12K; GOING PLACES
`
`LENGTH: 1264 words
`
`HEADLINE: On a two-city treasure hunt
`
`BYLINE: PAULA CROUCH THRASHER
`
`SOURCE: AJC
`
`BODY:
`
`Two of America's most historic cities are pooling tourism dollars for a joint promotion inspired by the Disney Pic-
`tures film "National Treasure," opening Nov. 19.
`
`The new "Washington, D.C., & Philadelphia Tour" was developed by the Washington, D.C., Convention and Visi-
`tors Bureau and the Greater Philadelphia Tourism Marketing Corp.
`
`In "National Treasure," actor Nicolas Cage plays Benjamin Franklin Gates, a third-generation treasure hunter who
`tries to break a code by stealing the Declaration of Independence from the National Archives in the nation's capital and
`sleuthing at the bell tower atop Independence Hall in the nation's original seat of government.
`
`The tour guides visitors on their own treasure hunts at key locations in both cities. A 10-panel color brochure, illus-
`trated with photos from the film, points visitors to historic and contemporary stops.
`
`In addition to the self-guided tour, fans of the movie can take advantage of special hotel packages for two—night
`stays in the two cities through March 31, along with Amtrak discounts. To download a copy of the brochure and book
`hotel accommodations, go to www.movietour.org.
`
`A classic holiday
`
`The Classic City gets into the holiday spirit early as Christmas in Athens kicks off two months of festivities on Fri-
`
`day.
`
`Holiday rates starting at $42.99 are being offered at eight lodgings: Courtyard by Marriott, $59, 706-369-7000;
`Days Inn, $51.95, 706-543-6511; Foundry Park Inn & Spa, $99, 706-549-7020; Holiday Inn, $79-$89, 706-549-4433;
`Holiday Inn Express, $69, 706-546-8122; Howard Johnson, $44.99, 706-548-111 1; Microtel Inn, $42.99, 706-548-
`5676; and Nicholson House Inn, $10 off, 706-353-2200. Rates are subject to 14 percent tax. Mention the Christmas in
`Athens rate when you book. Based on availability; blackout periods may apply. Overnight guests will receive a coupon
`packet at check-in, valid at Athens-area shops and restaurants.
`Holiday highlights include the Marketplace: A Shopping Extravaganza at the Classic Center, with dozens of artists
`and crafts vendors and Haywood Smith, author of "The Red Hat Club" (Friday and Saturday); the King's Singers at the
`UGA Performing Arts Center (Friday); "Fosse," a musical based on Bob Fosse's choreography, at the Classic Center
`(Nov. 14); Manhattan Rhythm Kings at the UGA Performing Arts Center (Nov. 19); and Five Points Holiday Open
`House (Nov. 21).
`
`And in December: Downtown Athens Christmas Parade of Lights with more than 30 floats and 12 bands (Dec. 2);
`"A Victorian Christmas With Charles Dickens" at the Morton Theater (Dec. 3-5); Bonnie Rideout's "A Scottish Christ-
`mas" at Hodgson Hall, UGA Performing Arts Center (Dec. 4); Moscow Ballet's "Great Russian Nutcracker" at the Clas-
`sic Center Theatre (Dec. 9); "'Twas the Night Before Christmas" at the Morton Theater (Dec. 10-] 1); Yuletide Musical
`
`
`
`On a two-city treasure hunt The Atlanta Journal—Constitution November 7
`
`Page 25
`
`Dinners, featuring the Athens Chamber Singers, at Trumps at the Georgian (Dec. 10-1 1); and Athens Symphony
`Christmas Concert at the Classic Center Theatre (Dec. 11-12).
`
`Information: 1-800-653-0603. For a complete list of holiday events, go to www .christmasinathens.org. For ac-
`commodations information, go to www.visitathensga.com and click on lodging.
`
`Almond joy
`
`The colorful cuisine of the Caribbean will take center stage at Almond Resorts‘ "Taste of Almond" 2004 Culinary
`Weekend, Nov. 19-21, in Barbados.
`
`Celebrated master chefs from around the globe will join the Almond Resorts culinary team for cooking demonstra-
`tions, competitions, food tastings and workshops culminating in a gastronomic gala.
`
`Jamaican food guru chef Norma Shirley of Norma's on the Terrace will kick off festivities at the Almond Beach
`Village with a live demonstration at Enid's Restaurant. She will prepare her signature dinner at Sunset Restaurant at
`Almond Resort Beach Club & Spa.
`
`Chef Patricia Wilson will present her favorite dishes and display her signature style of fusion cooking at I-Iorizon's
`Restaurant at Almond Beach Village. Wilson is a professor of international cuisine at Johnson & Wales University,
`where she specializes in fusion cookery, blending the foods of Puerto Rico and Latin America with Mediterranean and
`classical cuisines.
`
`New Zealand-born chef Robert Oliver will join Wilson at Horizon's Restaurant as he demonstrates his particular
`passion for tropical cuisine --- blending Caribbean and Pacific flavors.
`
`The culinary weekend will also include nature and market walks, cooking classes, themed cocktail parties, celebra-
`tion buffets, rum and fruit tastings, games and the launch of "Enid's Cookbook."
`
`All—inclusive packages start at $15