`
`~-'
`
`5:
`
`’
`
`04-25-2002
`U.s. Patont A TMOfcITM Mail Rap! Dt. #70
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`‘ ¥{}i£¥EEE{}1{E6K&i§2I{$£______" X
`‘
`Petitioner,
`
`V.
`
`NOAH ENTERPRISES, LTD.,
`
`Registrant.
`...........................................__x
`
`Cancellation No. 28277
`
`gz=6aa02ziav20
`
`.,_;i,{“fiuamauvui
`
`'-.,"‘VfH¥Ud!V3~l'w;{‘W‘-».‘&i‘I
`
`8%
`
`NOTICE OF BANKRUPTCY FILING
`
`PLEASE TAKE NOTE, that on November 30, 2001, Registrant, Noah
`
`Enterprises, Ltd., filed a petition for reorganization under Chapter ll of Title 11 of the United
`
`States Code (the “Bankruptcy Code”) in the Southern District of New York. A copy of the
`
`Notice is attached. Pursuant to the Bankruptcy Code, all :'l"TAB_actions, are
`
`automatically stayed.
`
`WHEREFORE, Registrant prays that the cancellation action be stayed until
`
`such time as Registrant emerges from Chapter 11.
`
`Respectfully submitted,
`
`KIRSCHSTEIN, OTTINGER,
`ISRAEL & SCHIFFMILLER
`
`(, M ‘
`B
`-»<«6¢4;¢4
`
`.
`
`Lisa A. Pieroni
`
`Attorney for Registrant
`489 Fifth Avenue
`
`New York, New
`'“"(212)697—3750'
`
`.-IY:ork,_1Q0_l7V .,_.._4
`
`-,
`
`\A
`
`0
`
`Dated: New York, New York
`' April 22, 2002
`
`
`
`
`
`.1
`
`I hereby certify that this correspondence
`is being deposited with the United States
`Postal Service as First Class Mail in an
`
`envelope addressed to: Assistant Commissioner
`for Trademarks, 2900 Crystal Drive, Box TTAB
`Arlington, Virginia 22202—3513 on
`
`April 22, 2002 By
`
`Anne Ra
`
`c:\forms\noahcanc.ans.wpd
`
`
`
`
`
`Kr
`%
`
`P CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing NOTICE OF
`
`: BANKRUPTCY FILING was forwarded to Robert L. Tucker, Esq., Tucker & Latifi, LLP, 160
`
`East 84”‘ Street, New York, New York 10028, counsel for Petitioner, on this 22"“ day of April
`
`2002.
`
`Lisa A. Pieroni
`
`C:\lisashare\Forms\Litigation\noahcane.banknut.ttab.wpd
`
`
`
`
`
`au.
`0
`'
`-
`FORM B9F (Chapter 11 Corporation/l(¥W‘jhership Asset Case)(9/97)
`
`UNITED STATES BANKRUPTCY COURT
`Southern District of New York
`
`‘
`
`case Number o1-42924 smh
`
`N
`
`‘
`
`.k_~‘
`
`,
`
`3
`
`.l\.
`
`Ԥ\_
`
`A chapter 11 bankruptcy case concerning the debtor corporation listed below was filed on 11/30/01.
`
`You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your
`rights. All documents filed in the case may be inspected at the bankruptcy clerk's ofiice at the address listed below. NOTE: The
`staff of the bankru tc clerk's office cannot
`ive le al advice.
`.
`’
`
`Debtor (name(s) and address):
`Noah Enterprises, Ltd.
`
`520 8th Avenue
`22nd Floor
`New York, NY 10018
`
`CaseNumber:
`01.42924
`V
`Attorney for De not (name
`Robert L. Cohen
`12 West 37th Street
`New York, NY 10018
`
`Date:
`
`01109102
`
`Time:
`
`03:30 PM
`
`;
`
`= payer ID 0&2
`l3—2988843
`Telephone number: (212) 7306-6800
`
`.
`
`Location:
`
`Oflice of the United States Trustee, 80 Broad Street, Second Floor, New Yor. NY 10004-1408
`.»
`er’ -I‘ 5%?
`§‘’
`
`s .
`Proof of Claim must be reféived by the bankruptcy clrk’s office by the following deadline:
`Notice of that date will be sent at a later time.
`
`«Q
`<.". -
`'
`I
`.
`‘
`‘
`5.
`'3»?
`‘
`02:}
`.
`-
`.~
`K.
`93' " I-.'
`The filing of the bankruptcy case automaticallyflkstays certain collection rind oer actions against the ebtor and the ebtor s
`.
`. .-
`. If on attem t to collect a debt or take other action in violation of the Bankru to Code, ou ma be nalized.
`. xv
`37
`Address of the Bankruptcy Clerk’s Oflicez
`_ g:
`2)/Inanllgattaili Di\c/Sign
`Clerk of the Bankruptcy Court
`e ow ng
`:1
`New York, NY 10004-1408
`K““'1°°" Fm“
`Tele . hone number: (212)668-2870
`
`Hours Open:
`8:30 am. to 5:00
`
`Monday through Friday
`
`
`
`- 0093'72
`
`
`
`
`
`Norton 0F'ELECTRONIC FILING Pl_l0CEl)UR_‘IE
`
`This case will be docketed exclusively on the Court’s Electronic Case Filing System. The system‘
`can be accessed via the Internet utilizing an attorney password. In compliance with Federal Rule
`of Civil Procedure Rule 11 and in accordance with Local Bankruptcy Rule 9011-1, the
`attorney’s password shall constitute the signature of the attorney;
`therefore, security of a I
`password issued to an attorney is the responsibility of that attorney. An original signed copy of
`__the filing shallbe maintained in -the attorney’s files. A chamber’s copy of all filed documents is
`"required and all parti"e"’§'wi'th"Iegal‘representation must“fi1e“‘docume‘nts inaccordance with the
`following:
`i
`
`1.
`
`The requirements for filing, viewing and retrieving case documents are: A personal
`computer
`running any standard windows platform; an Internet provider, Netscape
`Navigator _software and Adobe Exchange .software to convert documents from a word
`processor format
`to
`a portable document
`format
`(PDF). The URL address
`is
`‘www.nysb.uscourts.go_v and a password is needed to access this system. If you are unable
`to comply with this requirement, then
`
`2." You _'must submit documents on a diskette using PDF format. The Adobe software will
`provide this format. Further instruction may be found in the Adobe’s manual. Use a
`separate diskette for each filing. Submit the diskette in an envelope with the case name,
`case number, type and title of document, and the file name on the outside of the envelope.
`If you are unable to comply with this requirement, or requirement number 1, then
`
`V
`
`3.
`
`4.
`
`.
`
`You must submit your documents on a diskette using one of the following formats: Word,
`Wordperfect, or DOS text (ASCII). If you are unable to comply with this requirement, or
`requirements 1 or 2, then
`
`You must submit an aflidavit of your inability to file in either of the above formats. You
`_ may then file conventionally on unstapled, unbound, single-sided paper.
`Include your
`affidavit with your filing.
`
`For technical assistance, call (212) 668-2870 ext. 3522, for procedural assistance call ext. 3920
`and to schedule training, call ext. 3580, Monday — Friday, 8:30 a.m. - 5:00 p.m.
`
`009372
`
`
`
` Q
`
`' 4
`
`I
`
`.
`
`1,
`
`/
`
`r___\.
`
`/ _“
`
`A
`FORMBl0(0fiicialForml0)(4I0l
`I
`'
`UNITED STATES BANKRUPTCY COURT
`SOUTHERN DISTECT OF NEW YORK
`Case Number
`01-42924 (smb)
`
`‘ arne o I - tor
`
`Noah Enterprises, Ltd.
`
`p
`
`
`
`
`
`
`
`
`D Check box if you have never
`received any notices from the
`bankruptcy court in this case.
`El Check box if the address differs
`'
`from the address on the envelope
`
`
`
`Kirschstein, Ottinga, Isrtael & S.P.C.
`489 Fifih Avenue
`New York’ NY 10o1.7_61o9
`
` Tele hone Number:
`
`previously filed claim,
`dated
`
`
`1. Basis for Claim
`U Retiree benefits as defined in 11 U.S.C
`. §11l4(a)
`D Wages, salaries, and compensation (fill out below)
`El Goods sold.
`
`El Services performed
`Your SS #:
`[3 Money loaned
`Unpaid compensation for services performed
`El Personal injury/wrongful death
`from ______ to
`U Taxes
`(date)
`El Other '
`2. Date debt was incurred:
`
`
`
`
`
`
`3. If court judgment, date obtained:
`
`(date)
`
`
`
`
`
`
`
`
`1
`4. Total Amount of Claim at Time Case Filed:
`If all or part of your claim is secured or entitled to priority, also complete Item 5 or 6 below.
`U Check this box
`claim includes interest or other charges in addition to the principal amount of the claim. Attach itemized statement
`of all interest or additional charges.
`'
`5. Secured Claim.
`El Check this box if your claim is secured by collateral
`(including a right of setoff).
`Brief Description of Collateral:
`D Real Estate D Motor Vehicle
`El Other
`
`6. Unsecured Priority Clalm.
`El Check this box if you have an unsecured priority claim
`Amount entitled to priority $
`Specify the priority of the claim:
`El Wages, salaries, or commissions (up to $4,650),* earned within 90 days
`before filing of the bankruptcy petition or cessation of the debtor's
`business, whichever is earlier —, 11 U.S.C. § 507(a)(3).
`El Contributions to an employee benefit plan - 11 U.S.C. §507(a)(4).
`El Up to $ 2.100* of deposits toward purchase, lease. or rental of property
`or services for personal, family, or household use - ll U.S.C. §
`507(a)(6).
`El Alimony, maintenance, or support owed to a spouse, former spouse, or
`child — ll U.S.C. § 507(a)(7).
`El Taxes or penalties owed to governmental units - ll U.S.C. § 507(a)(8).
`El Other - Specify applicable paragraph of 11 U.S.C. § 507(a)(__.).
`
`Value of Collateral:
`$___________________
`’
`Amount of arrearage and other charges at time case
`filed included in seemed claim, if any:
`
`53. Unsecured non~pu-iority claim $
`
`*Amounts one subject to adjustment on 4/1/04 and every 3 years thereafter
`with res ect to cases commenced an ora er
`
`The amount of all payments on this claim has been credited and deducted for the
`'7. Credits:
`purpose of making this proof of claim.
`8. Supporting Documents: Attach copies of supporting documents, such as promissory notes,
`purchase orders, invoices, itemized statements of running accounts, contracts, court judgments,
`mortgages, security agreements, and evidence of perfection of lien. D0 NO!‘ SEND ORIGINAL
`DOCUMENTS. If the documents are not available, explain.
`If the documents are voluminous,
`attach a summary.
`9. Date-Stamped Copy: To receive an acknowledgment of the filing of your claim, enclose a
`starn - - , self-addressed envelope and coy of this roof of claim.
`Sign and print the name and title, if any, of the creditor or other person authorized
`to file this claim (attach copy of power of attorney, if any):
`
`Penaltyfor presenting fraudulent claim: Fine of up to 500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
`
`009372
`
`debtor owes money or property):
`Kirschstein. Otfinger. lsrtael & S.P.C.
`
`anyone else has filed a proof of
`claim relating to your claim.
`
`:4 '.§
`
`..
`
`
`
`
`Name ofCreditor (The person or other entity to whom the ‘
`I -Check box ifyou are aware that
`Name and Address where notices shouldbe sent:
`ofstatement gwmg
`
`i
`
`o01.42924s
`
`_
`
`3378
`
`Tms SPACBIS FOR Courrr UsB_ ONLY
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`009372