Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA429136
`ESTTA Tracking number:
`09/07/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91194445
`Plaintiff
`WOODSTREAM CORPORATION
`MARSHA G GENTNER
`JACOBSON HOLMAN PLLC
`400 7TH STREET NW
`WASHINGTON, DC 20004
`UNITED STATES
`trademark@jhip.com,mgentner@jhip.com,lweiss@jhip.com
`Plaintiff's Notice of Reliance
`Leesa N. Weiss
`trademark@jhip.com,mgentner@jhip.com,lweiss@jhip.com
`/Leesa N. Weiss/
`09/07/2011
`Opp - 3rd Not of Rel.pdf ( 7 pages )(857008 bytes )
`OX 10-22 Opposer's 3rd Notice of Reliance.pdf ( 35 pages )(5116040 bytes )
`OX 23-35 Opposer's 3rd Notice of Reliance.pdf ( 32 pages )(4311183 bytes )
`OX 36-48 Opposer's 3rd Notice of Reliance.pdf ( 30 pages )(4605497 bytes )
`OX 49-60 Opposer's 3rd Notice of Reliance.pdf ( 29 pages )(4731239 bytes )
`OX 61-66 Opposer's 3rd Notice of Reliance.pdf ( 22 pages )(5628337 bytes )
`OX 67 Opposer's 3rd Notice of Reliance.pdf ( 2 pages )(7843505 bytes )
`OX 68-71 Opposer's 3rd Notice of Reliance.pdf ( 10 pages )(1443883 bytes )
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`WOODSTREAM CORPORATION,
`
`Opposer,
`
`v.
`
`DR. JOHN W. NESBITT INC.,
`
`Applicant.
`
`&/%/\2%\}\/Q;/\&
`
`Opposition No. 91 194445
`
`OPPOSER ’S THIRD NOTICE OF RELIANCE
`
`Pursuant to 37 C.F.R. § 2.122(e), Opposer, Woodstream Corporation, hereby
`
`submits its Third Notice of Reliance on the following attached printed publications:
`
`Printed Publication
`
`Trial Exhibit N0.
`
`“This Business Needs Buzz to Survive,” The Boston Globe,
`Boston, Massachusetts, July 6, 2001
`
`“Mosquito Magnet helps residents bite back,” Ware River News,
`Ware, Massachusetts, May 9, 2002 (Circulation 4,600)
`
`“Winning The War Against Mosquitoes,” Merchandiser, Shelbyville,
`Illinois, June 14, 2002 (Circulation 12,000)
`
`“Stretching Out Summer,” Philadelphia Inquirer, Philadelphia,
`Pennsylvania, August 2, 2002 (Circulation 392,728)
`
`“Mosquito Magnet an attractive device,” Daily Record, Wooster,
`Ohio, August 22, 2002 (Circulation 25,200)
`
`“Road Test I Mosquito Magnet,” Newsweek, national, August 25, 2002
`ht't).'//www. thedail beast. com/newsweek/2002/O8/25/
`
`road—l'est-mosguilo-magnet. html
`
`“Get the Bugs Out,” Newsweek, national, August 25, 2002
`
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`

`
`Printed Publication
`
`Trial Exhibit No.
`
`“Doing battle with the bloodthirsty hordes,” News Journal,
`Wilmington, Delaware, August 29, 2002 (Circulation 127,678)
`
`“Wildlife Prairie State Park Deploys ‘Mosquito Magnet’,” Sunday
`Journal Star, Peoria, Illinois, October 20, 2002 (Circulation 69,376)
`
`“Mosquito Magnet offers 24-hour protection,” Oakland Press,
`Pontiac, Michigan, April 12, 2003 (Circulation 81,283)
`
`“Take charge and swat those mosquitoes,” Courier~Journal,
`Louisville, Kentucky, April 24, 2003 (Circulation, 224,043)
`
`“Mosquito Magnet battles summer’s pests,” Lake Orion Review,
`Lake Orion, Michigan, April 30, 2003 (Circulation 3,600)
`
`“Weapons of Mass Destruction,” The Washington Post, Washington,
`DC., May 6, 2003 (Circulation 811,925)
`
`“Mosquitoes bugging you? Read This,” Omaha World—Herald, Omaha,
`Nebraska, May 14, 2003 (Circulation 214,651)
`
`“Should you trap or zap?,” Consumer Reports, national, May, 2003
`
`“Bugs Be Gone!,” Texas Monthly, May, 2003 (Circulation 300,000)
`
`“Avoidance, repellents are simple skeeter strategies,” Dearborn Times~
`Herald, Dearborn, Michigan, June 4, 2003 (Circulation 28,888)
`
`“Creature comforts come to the campground,” Flint Journal, Flint,
`Michigan, June 8, 2003 (Circulation 108,111)
`
`“Bite me!,” US. News & World Report, national, June 16, 2003
`(Circulation 2,018,621)
`
`“Luring bugs, buyers — Mosquito Magnet in high demand,” Boston
`Globe, Boston, Massachusetts, July 1, 2003
`
`“Mosquito Magnet lures bugs, buyers,” Appeal Democrat, Marysville,
`California, July 2, 2003 (Circulation 22,500)
`
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`

`
`Printed Publication
`
`Trial Exhibit No.
`
`“Elusive new device lures, traps mosquitoes,” Kennebec Journal,
`Augusta, Maine, July 7, 2003 (Circulation 14,500)
`
`“Maine stores selling out of mosquito—ki11ing device,” Bangor
`Daily News, Bangor, Maine, July 8, 2003 (Circulation 65,000)
`
`“Mosquito control machine selling out in Maine,” Morning
`Sentinel, Waterville, Maine, July 8, 2003 (Circulation 19,774)
`
`“Taking on the mosquito problem,” Daily Herald, Arlington
`Heights, Illinois, July 13, 2003 (Circulation 14,855)
`
`“Sweatin’ ‘n’ Swattin’,” Sun-Sentinel, Ft. Lauderdale, Florida,
`July 13, 2003 (Circulation 363,960)
`
`“High tech mosquito killers are big sellers this year,” Day, New
`London, Connecticut, July 14, 2003 (Circulation 42,000)
`
`“Do you feel like bug bait?,” US. News & World Report, national,
`July 14, 2003
`
`“Defender swats the biting bugs,” Star Tribune, Minneapolis,
`Minnesota, July 16, 2003 (Circulation 405,459)
`
`“Better buzz off, skeeters,” Fort Worth Star~Telegram, Fort
`Worth, Texas, July 31, 2003 (Circulation 235,622)
`
`“The Buzz of Summer — Mosquito Magnet Keeps You Bite-
`Free,” Solar Energy Living, Austin, Texas, July 2003
`
`“How to Bite Back,” Time, national, August 11, 2003
`(Circulation 4,1 14,037)
`
`“50 Ways to Love Your Summer,” Fort Worth Star—Telegram,
`Fort Worth, Texas, August 24, 2003 (Circulation 235 ,622)
`
`“The War on Bugs,” Men ’s Journal, national, August 2003
`(Circulation 620,614)
`
`“Growth of 25,615%,” inc., national, October 15, 2003
`hit
`://www. inc. com/may azine/20031 015/americanbio Prinl‘er___Friena’l .html
`
`
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`

`
`Printed Publication
`
`Trial Exhibit No.
`
`“Mosquito traps in varying sizes,” Plain Dealer, Cleveland, Ohio,
`May 13, 2004 (Circulation 373,137)
`
`“Total Pest Control,” New York Times Magazine, New York,
`New York, May 16, 2004
`
`“Fatal Attraction,” Consumers Digest, national, May/June 2004
`
`“Contraptions promise to do in mosquitoes,” Sioux City Journal,
`Sioux City, Iowa, June 22, 2004 (Circulation 43,186)
`
`“Gadgets for gardeners,” Arizona Republic, Phoenix, Arizona,
`June 26, 2004 (Circulation 486,131)
`
`“New gadgets aid green thumbs,” Sun, San Bernardino,
`California, June 28, 2004 (Circulation 75,487)
`
`“Mosquitoes buzzing offi experts say,” Star Tribune, Minneapolis,
`Minnesota, July 10, 2004 (Circulation 377,058)
`
`“A Fatal Attraction,” Daily News, New York, New York, July
`14, 2004
`
`“Wanted: Dead Mosquitoes,” Inland Valley Daily Bulletin, Ontario,
`California, July 18, 2004 (Circulation 75,371)
`
`“biting back at mosquitoes,” Better Homes & Gardens Home Products
`Guide, national, 2004
`
`“Bug Guy,” Continental, national, March 2005
`
`“Buzz for summer: lots of mosquitoes,” Akron Beacon Journal, Akron,
`Ohio, April 14, 2005 (Circulation 141,181)
`
`“Hub expected to be top mosquito draw,” Boston Globe, Boston,
`Massachusetts, April 14, 2005 (Circulation 446,831)
`
`“Survey: City’s buggy whipped,” New York Post, New York,
`New York, April 14, 2005 (Circulation 652,149)
`
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`

`
`Printed Publication
`
`Trial Exhibit No.
`
`“Mosquito forecast: The perfect swarm,” Star~Ledger, Newark,
`New Jersey, April 14, 2005 (Circulation 388,807)
`
`“11“‘ best for people, 13“ best for bugs,” Lexington Herald—Leader,
`Lexington, Kentucky, April 15, 2005 (Circulation 113,129)
`
`“Skeeter gadgets & gimmicks,” Backyard Living, national,
`May/June 2005
`
`“Mosquito Madness,” Atlanta homeimprovement, Atlanta,
`Georgia, June 2005
`
`“Aims for Skeeter skirmish,” Dallas Morning News, Dallas,
`Texas, July 1, 2005
`
`“CHEAT SHEET ZAP. CRUNCH. sQU1sH!,” Newsweek, national,
`
`July 24, 2005, htt_9.'//www. theclail beast".com/newsweek/2005/07/25/
`cheat—sheet-za .7—crunch-s uish. html
`
`
`
`“New machine means no more being bugged by insects,” Palm
`Beach Post, Palm Beach, Florida, July 31, 2005 (Circulation 222,833)
`
`“Mosquito Wars,” Smart Money, national, July 2005
`
`“Fewer Mosquitoes,” Esquire, national, June 2006
`
`“Terrific Trap: The Mosquito Magnet Defender,” Good Housekeeping,
`national, July 2006, http://magazines. ivillage. com/gooa’housekeeQing/
`print/0, , 6963 63, 00. hlml
`
`“Help! Mosquitoes are Sending My Weekend Guests Back to
`Manhattan,” The New York Times, New York, New York,
`August 10, 2006
`
`“Mosquito Magnet Independence,” Men ’s Journal, national, July/
`August 2009
`
`“City Mosquitoes: This Year’s Summer Scourge?,” The Wall Street
`Journal, New York, New York, July 20, 2011
`\'E54O O‘ E
`§§G: N
`h§kM
`*4 Q Q ‘*4 iQ \lSE :3.' —mos uitoes-this-
`
`summer-scourge/tab/Qrinfl
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`

`
`Opposer submits that the above-identified exhibits, and the copies of same
`
`submitted herewith, are printed publications and/or electronically generated documents which are
`
`the equivalent of printed publications available to the general public in libraries, or of general
`
`circulation among members of the public, or that segment of the public which is relevant under
`
`an issue in a proceeding and, therefore, constitute competent evidence.
`
`Opposer submits that the attached exhibits submitted with this Notice of Reliance
`
`are relevant to the similarity of Opposer’s and Applicant’s respective marks; the issues of the
`
`fame, strength and notoriety of Opposer’s Marks; the nature of, applications, as well as the
`
`channels of trade and customers, for Opposer’s goods as set forth in Opposer’s pleaded
`
`registrations, as well as Applicant’s goods as set forth in the opposed application, and the number
`
`and nature of similar marks in use on similar goods.
`
`Respectfully submitted,
`
`Woodstream Corporation
`
`5/
`
`
`Mar‘ a G. Gentner
`Leesa N. Weiss
`
`JACOBSON HOLMAN PLLC
`
`400 Seventh Street, N.W.
`
`Washington, D.C. 20004
`(202) 638-6666
`
`Date: September 7, 2011
`
`Attorneys for Opposer
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby ceitify that on this 7"‘ day of September, 2011, the foregoing Opposer’s
`
`Third Notice of Reliance, in connection with Opposition No. 91194445 was served on Applicant
`
`and counsel for Applicant by first class mail, postage pre—paid:
`
`James R. Uhlir, Esquire
`Christensen O’Connor Johnson Kindness PLLC
`
`1420 Fifth Avenue
`
`Suite 2800
`
`Seattle, Washington 98101-2347
`
`amflga
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91194445
`
`))
`
`))
`
`)
`)
`
`))
`
`)
`
`WOODSTREAM CORPORATION,
`
`Opposer,
`
`v.
`
`DR. JOHN W. NESBITT INC.,
`
`Applicant.
`
`NOTICE OF RELIANCE
`
`Trial Exhibit #10
`
`WS - 000071
`
`

`
`
`
`flazfifianra naaewiraa
`The Mnsquito
`Magnet mimics a
`large mammal by
`omitting apiume of
`carbon dioxide,
`heat, and moisture,
`which when
`combined with the
`~
`chemical octenol
`attracts mosquitoes
`and other biting
`insects,
`
`Vacuum trap
`when the moéquitn
`realizes the machine
`doesn't offer a blood
`meal, it llies away
`upwarrl—~a naturai
`insect behavior-
`wliere it E5 vacuumed
`up into a net.
`
`
`
`.,
`.
`_i~n~\
`25-:3),
`preapzane
`tank
`
`~.\
`E
`
`/
`
`
`
`Vanni“
`
` Park and go
`The machine convens propane to carbon dioxide
`from a standard 20'§)OUl'3Cl tank and since it
`generates its own elecizrlcity, Ei can be placed in
`prime areas such as where mosquitoes res?
`(foliage) and breeci (waierfi.
`
`Wide net
`Two models are available to cuver either half
`an acre or an acre. Efficiency may vary on wind
`conditions and levels of infestation,
`
`SOURCE: Mosnuilo Magnet
`
`EROBE STAFF GRAN-llC/ALEJANDRO GUNZRLEZ
`
`WS - 000072
`WS - 000072
`
`lies backers say
`flan Magnet really
`kills mesquitoes
`
`By Chris Reidy
`GLOBE STAFF
`
`
`
`‘ AST GREENWICH, KL M
`Forget bug zappers and
`pesticides this sllmmer.
`And dozit be fooled by Ina—
`chines that claim to kill
`mosqurboas with sonnd waves.
`At American Biophysics C0111,
`chief executive Rayrnund Iannetta
`touts his company's $795 Mesquite
`Magnet. It’s 6VeI‘Yl5hi!1g}'0ll(X)11]d
`Want f01'ma]=a'I1g alfresco dining bug-
`free, he said.
`Not aniy cices the Mosquito Mag-
`net. c1‘ea.te a ha.1f—ax:re DMZ armmd
`bankyard cookouts and barbecues, its
`makers claim; it also kills mosquitoes
`in an environmentally caneat man-
`ner. Translation: Nu pesficides are
`used. Victims die, often a thousand at
`a time, from dehydration,
`After about two years on the mar-
`ket, the ‘Mosquito lliagnet ha.s:1’& per-
`suaded aflthe skeptics, but it has wen
`many fans.
`One true believer is Tim Muldoon,
`a software architect for Fidelity In-
`vestments. Afew years ago, he and
`his wife, Bfly-nda, bought a house in
`Ha1~va.1~<1 near same wetlands.
`When they moved in at wlntefs
`1-'mr'l. {ha hnrxsaua Re;-am:-\r‘l irip/.z_l
`lane §n
`
`

`
`
` Vacuum‘I.
`
`gs:
`
`
`
`
` l
`
`ilaohum
`14.;
`,
`
`
`Park and go
`The machine converts propane to carbon dioxide
`from 3 standarcl 20-pound tank and since it
`generates its own electricity, it can be olaced in
`prime areas such as where mosquitoes rest
`(foliage) and breed (water).
`
`Wide net
`Two models are available to cover eitller half
`an acre or an acre. Efficiency may vary on wind
`conditlons and levels of infestation.
`
`GLOBE STAFF GRAPHlC/ALEJANDRO GONZALEZ
`
`presence of diseases and viruses car-
`ried by biting insects.
`Under research director Bruce E.
`Wigton, the company studied the
`mosquitds nervous system and how
`carbon dioxide excites female mos-
`quitoes when they are searching for a
`blood meal. (Male mosquitoes don’t
`bite htunans .)
`To a female mosqtuto, carbon
`dioxide means a large mammal is
`nearby. Expose a mosquito to carbon
`dioxide, and she’ll react abit like a
`shark smelling blood in the water.
`Company scientists also re
`searched mosquito flying habits and
`navigational skills. Dipping mosqui-
`toes into phosphorescent dyes before
`releasing them, scientists with m'g;l1t-
`vision goggles learned that mosqui-
`toes lnvariably gain altitude when
`they turn.
`Such information proved useful
`when American Biophysics set out to
`design the Mosquito Magnet about
`five years ago.
`in its current fozrn, the device
`looks a bit like a cooking grill. It
`comes on wheels, and it uses a 20-
`pound propane tank to fuel a chemi-
`cal reaction that emits a plume of car-
`bon dioxide that hovers 18 inches off
`the ground; 20 pounds of propane,
`which costs about $12, will keep a
`Mosquito Magnet in continuous op-
`eration for about three weeks, lan-
`netta said.
`
`Mosouzmss, Page E2
`
`ores 5 ma: PHD r - /JONTHA moo‘
`
`
`
`‘No one believed us. All
`
`they said was, “Ymh.
`yeah, long trans. . . .” ’
`RAYMOND IANNETIA, CEO of
`American Biophysics
`
`American Biophysics’ original busi-
`ness . When the company was
`launched a decade ago, its focus was
`on making mosquito traps that cus-
`tomers such as the US Department of
`Agriculture use to determine the
`
`WS - 000073
`WS - 000073
`
`makers claim; it also kills mosquitoes
`in an environmentally correct man-
`ner. Translation: No pesticides are
`used. Victims die, often a thousand at
`a time, from dehydration.
`After about two years on the mar-
`ket, the Mosquito Magnet hasnt per-
`suaded all the skeptics, but it has won
`many fans.
`One true believer is Tim Muldoon,
`a software architect for Fidelity In-
`vest1nents.A few years ago, he and
`his wife, Bilynda, bought a house in
`Harvard near some wetlands.
`When they moved in at winters
`end, the house seemed ideal, but in
`the summer, svvarms of mosquitoes
`chased them from their backyard. So
`the couple installed two Mosquito
`Magnets, the deluxe models that to-
`day sell for $1,295 apiece.
`Said Tim Muldoon, "Nowi can
`walk around my rose bushes bucl: na-
`ked at dusk. "’
`One challenge for American Bio-
`physics is that no independent re-
`search group has evaluated its prod-
`uct, so its sales pitch relies on strictly
`anecdotal evidence.
`lannetta has plenty of anecdotes.
`For example, New York City's Depart-
`ment of Environmental Protection
`has bought more than 100 units for
`use at sewage-treatrnent facilities, a
`fact confirmed by a department
`spokesman.
`Another anecdote: In bug-infested
`Florida, where the exterminator is re-
`vered, there have been recent reports
`of stolen Mosquito Magnets, lannetta
`noted gleefully.
`Anecdotal evidence doesn’t mean
`much to a scientist, though. Scientists
`want objective analysis, especially
`since so many bug-killing devices
`have turned out to be pure hype.
`“Most of them dont work at all;
`they’re hocus-pocus,” said Andrew
`Spielman, professor of tropical public
`health at the Harvard. School of Pub»
`lie Health.
`
`Said Iannetta. “'l“.hat’s our biggest
`problem, overcoming the gin1n’n'Ck-
`andgadget syndrome. ”
`The Mosquito Magnet wasrrt
`
`

`
`lions abuzz about Mosquito
`
`
`a oi
`
`b lWfi§@Ul‘l'OES
`Co121inu.cdfi'omPageEI
`'.l‘raditior1a.l mosquito traps, by
`contrast, use dry ice to create the
`carbon dioxide that acts as bait.
`The ice has to be replaced fre-
`quently, maldng them impractical
`for consumers.
`According to American Bio-
`physics, mosquitoes rarely travel
`far from their home base. And be-
`, cause they can double their weight
`after gorging on blood, mosqui-
`toes fly into the wind when they
`seek food; that way, bloated bugs
`can glide home with the help of a.
`tail wind, Iaunetta said.
`The Mosquito Magnet takes
`such behavior into account.
`When mosquitoes realize
`there’s no mammal at the end of
`the carbon-dioxide plume that
`serves as bait, they veer upwmd to-
`bcgin a new hunting patsem. That
`change of course takes them with-
`in range of the Mosquito Magnefs
`propane-powered vacuum.
`Mosquitoes are then sucked in-
`side the madiiue and trapped in a ’
`not where they die flom dehydra-
`tion in about 24- hours.
`‘With no extension cords to lim-
`it its range, the portable and self-
`powered Mosquito Magnet can be
`strategically placed in the aerial
`traffic patterns that mosquitoes fly
`at dawn and dusk.
`While initial casualty rates are
`often high, it takes four to six
`weeks of continuous operation to
`virtually eliminate a. local mosqui-
`to population from :1 backyard,
`
`lanuetta said. His product kills
`many blood-feeding‘ insects be»
`sides mosquitoes, he said, includ-
`ing black flies and biting midges,
`which are also known as no-see-
`ums.
`
`No-see-uins abound in Florida,
`Where the company did much of
`its product testing. At one Wealthy
`retirement community, residents
`were so impressed that they not
`only bought Mosquito Magnets by
`the score but invested a chunk of
`the $11 million that American
`Biophysics needed to finance de-
`velopment.
`“Our customers became our in-
`vestors,” lannettasaid.
`.
`Lining no retailers and a sales
`force to sell the Mosquito Magnet
`was afar more difficult task.
`“No one believed us,” Iznmetta
`said. “All they said was, ‘Yeah,
`yeah,bugtreps. . . .’ ”
`At first, sales came in ones and
`‘twos. A consumer would buy one
`and then a neighbor would buy
`one, too. Helped by word of
`mouth, privately owned American
`Biophysics had sales of $6 million
`in 2000, it said. It projects $25 mil-
`lion in sales this year and $50 mil-
`lion in 2602, Iannetts. said.
`Over time, the product has
`gained converts. An upscale cata-
`log called F1-outgate now sells the
`Mosquito Magnet, and many
`hardware stores are beginning to
`stock the-item.
`American Biophysics, which
`employs about 100 workers, sees
`big future oppotunities in such
`
`tropical countries as Indonesia
`and Brazil. Military bases, theme
`parks, zoos, outdoor restaurants
`—~ all are potential customers, Ian-
`netla said.
`
`As director of the mosquito-
`testing lab for the Massachusetts
`Department of Public Health,
`Ralph Timperi knows all about the
`hardiness of mosquitoes — but
`wonders how many Bay State con-
`sumers actually need an expensive
`mosquito-killing device.
`During their brief lives, mos-
`quitoes reprodnce exponentially,
`especially during rainy summers
`like this one. As fast as one popula-
`tion is killed ofi, a new one materi-
`alizes, so keeping mosquitoes in
`clieck is a constant battle, he said.
`His advice to consumers? Use
`common sense and cheap repel-
`lent.
`‘
`
`Muldoon, the Harvard home-
`owner, tried cheap repellent and
`just about everything else to re-
`claim his yard.
`
`“Bug lights, zappers — they
`didnt do much,” he said.
`He joki;ngly_c:redits Mosquito
`Magnets with having saved his
`marriage.
`
`“My wife was ready-to abandon
`ship,” Muidoon said. “If we didn’t
`have them, I’d either be divorced
`or moving back to Arlington.”
`
`CIm'.s' Reidy can be reached by
`e-mail at reidy@globe.com.
`
`WS - 000074
`WS - 000074
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91194445
`
`))
`
`))
`
`)
`)
`
`))
`
`)
`
`WOODSTREAM CORPORATION,
`
`Opposer,
`
`v.
`
`DR. JOHN W. NESBITT INC.,
`
`Applicant.
`
`NOTICE OF RELIANCE
`
`Trial Exhibit #11
`
`WS - 000075
`
`

`
`%*J.%RE RIVER ?éE?s'§
`
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`WARE,
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`
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`
`
`_
`
`_
`
`by Juefine Muryhy
`Sfafif’ Wfiter
`QQ3:
`q
`3
`WAi7’.E -—- Sitting oui:s1&e on
`a }wam1_su_;nmer‘e_veeing _és_ a_(.
`way maréji peepie are able to '
`get away from the stress of.
`their daily lives. But no matter
`haw fer into the yard they go,
`masquitos and ether annoying
`huge x "=2 typicaiiy fimi them.
`0 Hawever, eneriocai eomeany
`has begun marketing a new
`product for the seconci year
`celieci the Mosquito Bziagnet,
`which-'gtrere.ntees—-a—v:1~e2u:ly
`bug—i”ree eut.é001' em-'i1'onment..
`Advanced Heating, Inc. of
`Barre, a faII1‘L‘i;.'-av.-"med busi-
`mass, has stocked up on their
`supply of the praduct for the
`upcoming summer months.
`__‘fSe:: many people wanted
`them last year we had about a
`month-Eong waiting list,” said
`Chezryl Ffuta of Advancefl
`Heating, adding that a number
`sf those peepie were from other
`states as well as from other
`ceuntzies.
`_
`.
`.
`.
`'
`by"
`The product works
`attracting and quietiy vecuum- .
`ring the insects into a me‘: where
`they quickhr dehydrate ans}
`ziie. The Mosquito Magnet is
`available in several models,
`which are designeci to cover
`different sized areas.
`The lagest “Pro” model cov-
`ers ene full acre of eutzloer
`space. It is seifipewered by a
`20-pound propane tank that
`can be purchaseei for areund
`$30 and refilieci at any heating —
`or propane campeny. Combined
`with cctenoi, these units are
`proven is be irresistible to a
`variety of biting insects includ-
`ing mesquites. The cost of this
`mafia? Tar‘.-’F.’:T‘_c’33‘,13f7J:?.’:":“
`is
`
`.-‘.,1
`A1
`'i"‘!‘r
`
`?‘,_ 2*
`
`
`
`‘gfixgzfizgy Pubiicasiens submiiteé photo
`;
`.
`.=
`,
`Mike an
`Cfieryi
`7
`_‘
`_
`Ffimie. stan& §_e?si&e Afivenced Heating
`_§
`0 ie fre‘n%.’J1i'2i‘ Aal °‘stafck"§g;f§‘éhe gnewhiesquito Magnet unite éhey
`_,. __.__.‘... ..
`....,.
`A
`are se1Eing;‘_’i‘he’iihit§§'z'eprese;1£ the Eatest techneiegy in
`."‘3i’;gfh3ti1§g' ehég
`geeky-p?é$;~is3;e
`
`
`
`
`$1,'295.~
`.
`.
`pméucfs effectiveness since
`several of them currenily use a
`The model which is recom-
`menéed for a 1'nere_resi£ie:1tia1
`Mesquite Magnet: in their awn
`yardsl He added that the prefi-
`area is the “Fréedeif1_.” cdéeriug
`uct is alse enciorsed by the
`three-quarters cf an acre fer
`natianal Cexfier for Disease
`K
`$795 ‘pique tax; _.S_:;mi1er $9 the ,
`W
`‘ Conérol Since" it ie safe £0 be
`“P256” model," thie“'ui1it'i'§2§€fira-
`ereé ’r>y"é.‘pré3p‘:sine tank and
`used areund children, peas‘ and
`the environment
`M
`-
`requires ncfizenpl.
`f,
`M
`The newest mode}, “Liberty,”
`'0 “We't1‘ied the product {but
`first because we ceuldrft sell
`also covers three-qwgarters of
`an acreef eutdoar area but
`them in good faith Without
`knowing for surethat they
`costs eniy $495 Witheut ‘::_a‘_x.
`This is because in ‘eéeitiéuio
`[actually worked. Iii heipeci us
`being powereé by propane and
`to reciaim our y:'iI‘(i§i,”_ he said‘
`“This product is gooé for any-
`requiring octane}, this medal
`one who Wants ‘ta spend time
`also requires electxicity.
`‘
`bug free ouiside without haw .
`While the precinct is guaran-
`teed to get rid csf biting bugs
`ing to use pestirides or other
`chemicals.”
`'
`inciuding mosquitos, no—see-
`For more infarrnatizm about
`urns, xniciges and black flies, it
`claims not to get ricf of benefi-
`the Mesquite Magnet or to
`cial insects such as bees.
`'
`order a unit, contact Advanced
`Mike Pluta :55 Advanced
`Heatingwafi 866-355-6838, or
`eniine at w*ww.advancedheat-
`Heating said cempany employ-
`,.. ...,_m
`iilg ,1'1C.;1U.‘(Z1.
`ees can personauy" azzuzrz 2:1:
`
`WS - 000076
`WS - 000076
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91194445
`
`))
`
`))
`
`)
`)
`
`))
`
`)
`
`WOODSTREAM CORPORATION,
`
`Opposer,
`
`v.
`
`DR. JOHN W. NESBITT INC.,
`
`Applicant.
`
`NOTICE OF RELIANCE
`
`Trial Exhibit #12
`
`WS - 000077
`
`

`
`53850
`
`-NAP$-
`NORTH AMEWCAM CLlPP!NG BUREAU
`North American Precis Syndicate, inc.
`
`18534
`MERCHANDESER
`SHELBYVILLE, El.
`05!14l2002
`N
`,- Cl?-?C:12000
`
`
`
`
`
`(NAPSA}-Knowledge is
`power, especially when it cornes
`to defeating mosquitoes, insecs
`described as the most dangerous
`animals in the world. .
`There are more than 3,000
`species of mosquitoes in the
`world~rnere than E50 in the US.
`
`alone-with each category of
`mosquito spreading various
`diseases. Every year, more than
`3. million people worldwide die
`from mosquito-borne diseases,
`such as the West Nile virus,
`malaria, iteartworm, dengue
`fever, encephalitis and yellow
`fever.
`
`Male mosquitoes do not bite
`animals or humans: they feed-
`eniy on plant juices. Females
`however need the protein that
`animal and human blood
`
`provides to produce their eggs-
`anti a well-nourished female
`
`what first éttracts the femaie
`
`mesquite to her prey. Scientists
`have used this fact of mosquito
`biolegvand behavior to develop
`techitelogy to defeat them.
`For exarnple, scientists at
`Aniericeh Biophysics
`Corporation have bees studying
`thebiology and behavior of
`bloocflseekirig insects for neariy
`a decade. in cooperation with
`tl2e,__Uriited States Department of
`Agricttlttire (U.S.D.A.), state
`departments ofenvironmcntal
`management and the US.
`Centers for Disease Control,
`they developed a biting insect
`trap that mimics a large
`memmai.
`
`7
`
`The Mosquito Magnetfi“
`Liberty converts propane gas to
`carbon dioxide, heat and
`Ir1oi_sture.i'i'he insects are
`attracted to the carbon dioxide
`
`mosquito can produce between
`1,000 and 3,000 eggs during her
`short lifetime.
`1
`I
`Exhaled carbon dioxide rnmi in
`
`.100 to la‘? ‘-
`
`
`
`and vacuumed into the trap's
`disposable net Where they
`ciehydrate and die. Since no
`cl'ren_1'icals are used, the insects
`never_;ie_velep immunity. Nor
`
`are insect parts spread into the
`air, as ispossible with elecuic
`bug zappers.
`'
`'
`"
`, "To cfeete the most effective
`trap, we to end the female
`iifecycleéelirninate the eggs,
`elirninatemthe insects," said
`Raymond larinetta, president of
`Arneriean Biophysics.
`7
`7 Used continuously in a typical
`yard, the trap can not an average
`of LOGO female mosquitoes per
`day, effectively collapsing the
`femeie insect biting population
`in six to eight weeks. The trap
`also captures no-see—ums,’blaci<.
`flies and sand flies. Moéels
`
`range from deluxe to affordable
`versions for the average
`homeowner.
`
`"Our team of engineers and
`scientists were able to develop a
`trap that makes our prover:
`innovative technology
`afierdaele to everyone, fiom
`first-time homeowners to
`re-rirees,"_said larmetta.
`For more irrferrnatien, visit
`vrww.mosquitemagnet.eem.
`
`WS - 000078
`WS - 000078
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91194445
`
`))
`
`))
`
`)
`)
`
`))
`
`)
`
`WOODSTREAM CORPORATION,
`
`Opposer,
`
`v.
`
`DR. JOHN W. NESBITT INC.,
`
`Applicant.
`
`NOTICE OF RELIANCE
`
`Trial Exhibit #13
`
`WS - 000079
`
`

`
`.
`
`.. ..._.._,. p-
`
`PHILAD£LPHIA INQUIRER
`PHILA9ELPflIA, PA
`FRIDAY
`392,728
`AUG 2 2002
`
`IWMMWWWWWWMMM
`nu unM.-xrmp suawu 5
`Banrrelfiefia
`
`4%
`,.XZ1aa
`
`n _
`
`
`.Fr0h‘a. fun fin-2 g;;a'iJl::s to weatherpr0e3E_ '
`éIu1fi$ure,theseitenuscaI18Xien£Efihe
`seasma £01‘ ohutdoor enjoyment.
`
`fi%%3p
`
`A
`
`s
`
`
`
`
`Fmntgaws fieatiflg radio iets children have
`fun in the panel by playing underwater sound
`effects and music and by running games;
`
` _§’_i_ggi;e_t__ta'aps moscguitoes
`The ;M;9§J1§'
`in pan by m mickinq a person's breath.
`
`
`
`
`
`Fromgaws fire pit, with cutouts of moons and stars, is one way to create warmth
`in the backyard on cooler evenings. Don’t forget ihe rnarsh mailows.
`
`By i')i-ane Goltismitia
`Jmmiilum S’l‘M-‘I>' wsawlau
`
`
`
`F5 Augnlst, so can Labor Day, the
`traditional and of sun1me1’_, be far
`' behind?
`No big deal, because I"olk.s are
`extexlding 5ummer’s spirit with
`myriad m1td(s0r~1iving pmducts that
`have all
`the style and cu::venie11ce of
`indoms M they just acid up to 1T10E‘(? fun.
`At Watt;-rloo Garcie1‘1s in Devon, s1mp~
`pers scout {or patio l'u1'uitm-e well into
`Septemi)er, and won’t buy covers for it
`untii October or November, patio shop
`1'11auager I)e1'1isc: Dengue says.
`.
`At 4 Seasons }?‘i1‘ep1a<;e & Path) in Pao-
`Ii, cu.stumers cunnect with the uutdrmrs
`year-rou:1(i by way of §’EJE1i‘~SeaS()i1 sum
`moms, manager John Elmzer
`And the Frontgate uataiog, 21 purveyor
`of upscale home acc0um::':'1ex1tS,
`is aiv
`ways addmg products tlmt support
`2:
`longer outdner seamm. spokesxvmnan
`Amy Cmwiey says.
`A teak patiu heater has just johled
`l?'ruruga1e’s array of uuixlnmr
`lauaters,
`
`am: a fire pit with uutouls of n1.um1s and
`stars (a strung 200:1 i1lli‘()d§iCt’iDi1) shuuld
`find new cuuvem; this fall.
`The fire pit: delfinitciy has the fun fac-~
`tor. Think toasting marshmaiiuws, swap-
`ping stories near an open fire, “the 1'4)-
`mauce of as czunpl'i:‘<: :'ig2,h1' in your uwn
`backyard," as Crowley puts it.
`The pit has :1 32--inch diameier and is
`covered with a ht-:avy—dt:%.y cooking grate.
`and domed spark sc1'::r:n. ifs not intend-~
`ed for use on wuoden LRBCRS ($3993
`www.£1‘cm1gate.z:01:1, 1-8Ui)~626—6488').
`If you want to sit: around that romantic
`ca1npl’é1‘e with your sweetie, why not crefl
`me a cfizy spot for twu rhal withslzmds
`weaxther?
`
`See flUTDOi3§i‘S on 136 531.4
`
`WS - 000080
`WS - 000080
`
`Barbecuing after the sum seis? This 52-inch outdoor griil
`!:‘osn i')a(:or comes with btaiéidn halogen I%gE11s.
`
`

`
`
`
`
`
`
`
`‘=3. Ex
`from E1.
`0U"i‘D€JOR3
`Lal‘ieventure’s Camino Real
`Cuddle Chairs and Ottoman
`from the company’s Weather-
`Nlaster line of synthetic Wicker
`are “cozy pieces you can snug-
`gle into,” vice president of mar-
`lieting Gary McCray says.
`'Lhe company previously did
`the extra~widc armchairs and ot-
`toman as indoor upholstered
`l’urniture. U sing synthetic wick- _
`er and outdoor acrylic fabric
`over cushions designed to re-
`iease water and stave off mold
`and mildew, Laneveoture adapt-
`cd it for outside use ($2,800 for
`three pieces, www.laneven~
`tut'e.c('m‘i, l—8t)0-2356558).
`If some outdoor
`furtiiture
`Ioimics what’s inside, “it's amaz~
`iog,” Dague says, “how many
`[outdoor] sets are so pretty pet)»
`ple say,
`‘We’ll keep it
`in the
`house?”
`to do just
`You might want
`that with a bistro-bar set by
`ULW. Lee that features an l£ai—
`1.2m. tLu'ni)led—marbie tabletop in
`a mosaic-star pattern with
`wrouglit-ia’on base and chairs
`(about $2,800; cushions $75 ox-
`lra per set, www.o'wlee.com,
`}—8()0~77t’>?9533).
`“it's l'inished for the outside,
`but has a refined look to it,”
`says Terri Lee Rogers, vice pres
`ident of sales and marlteting,
`who can see the set fitting nice
`ly into a sunroooi or ‘cl balcony
`off a bedroom.
`Those who are hooked on the
`flavor and ambiance ofoutdoop
`
`grilled food certainly barbecue
`well past summer. That also
`keeps the smell outdoors.
`“Men will shovel a path
`l.‘i"li‘UU§_,1,'h the snow to barbecue
`yeai*—rooocl," Dacor’s marlieting
`director, Sue Carlson, says, cit-
`ing the buiivin halogen lights
`on her company’s outdoor grills
`as a boon.
`5
`'l‘hey’re great for those after-
`dark cooks who “hold up a flash~
`light under a steak to see if it’s
`done,” she says.
`An additional option you can
`order on many "Decor outdoor
`grills is a warming oven. Sore,
`it’ll keep food warm. But you
`can also slip in a few bath tow~
`els for a toasty .reception after a
`cool dip ($4,200, 52-inch grill
`with oven if installed into a
`cooking island; more with a Da-
`cor
`cart, www.daco:‘.con1,
`1~8oo—772—7778}-'
`'
`While iI_’s still sweitering and
`hazy,
`though, what could be
`more welcome than a creamy
`fruit smoothie you make your-
`self by Back to Basics ($39.99 at
`’l‘ai‘get:}?
`
`
`
`Laneventurek: Camino Rea! Cuddle Chairs and Ottoman are made
`
`with synthetic materlai that protects them from the weather.
`
`The smoothie maker has its
`own dispenser, and if you don’i
`have Fruit on hand or just want
`a good base, you can buy a
`three-pack oi’ £’ruit~concenl:rate
`smoothie mixes, inciuding such
`flavors as strawbeiry-haoaoa,
`peach-lierry and tropical man-
`go, for an additional $9.99 (Tar—
`get).
`If you need a break from the
`children, occupy them in the 0
`
`this bistro-bar set ‘irom (MN. Lee,
`with an Italian tumblechmarbie
`tabletop in a mosaicstar
`pattern, would be at home both
`outdoors or inside.
`
`r“\
`
`pool with Frontgate’s floating la
`the ($29, www.frontgate.coo1,
`search for
`item 14296,
`1-800-626-6488). It doesn’t just.
`broadcast music, but also plays
`taped submarine sonar a