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`1 1-26-2002
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`S Patent 8‘ TM°’°’T’V’ Ma” ficptot. #79
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`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Cancellation No.
`
`) ) ) )
`
`) )
`
`)
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`) )
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`SPRINGER-VERLAG NEW YORK, INC.
`
`Petitioner,
`
`V.
`
`AMERICAN SOCIETY FOR
`NONDESTRUCTIVE TESTING, INC.
`
`Registrant.
`
`PETITION FOR CANCELLATION '
`
`In the matter of
`Registration No. 2,382,698
`Date of Issue: September 5, 1999
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`f
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`{
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`SPRINGER-VERLAG NEW YORK, INC., with its principal place of business at 175
`
`Fifth Avenue, New York, NY 10010-7858, believes that it will be damaged
`
`Registration No.
`
`2,382,698 and hereby petitions to cancel the same.
`
`i
`
`1.
`
`2.
`
`3.
`
`As grounds for cancellation, it is alleged that:
`Springer Verlag New York,
`Inc.
`
`(“Petitioner”)
`
`,i is
`
`a prestigious
`
`international publisher of scientific journals and other publications.
`The American Society for Nondestructive Testing, Inc. (“Registrant”) is
`an association serving professionals in the field ofnondestructive testing.
`
`In May, 1988, Registrant and Petitioner executed a; journal publishing
`agreement
`(the “I988 Agreement”), wherein it vs/ias agreed between
`Petitioner and Registrant, in Clause 1, that, “SPRINGER will publish the
`
`journal
`
`tentatively entitled Research in Nondesltructive Evaluation
`
`beginning with the first issue for 1989.” A copy of tlie 1988 Agreement is
`
`attached as Exhibit A.
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`NYCOI/7680837v4
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`In Clause 4 of the 1988 Agreement, Registrant expressly agreed that,
`
`“Copyright and ownership are vested exclusively with SPRINGER.”
`
`In Clause 18 of the 1988 Agreement, Registrant expressly agreed that,
`
`during the term of the agreement, it would not “undertakeithe publication
`
`of a journal of a character that might interfere with or injure the sales of”
`
`the Journal.
`
`Under the 1988 Agreement, Petitioner was recognized by Registrant as the
`owner ofthe Journal, from its inception.
`
`Since beginning the publication of the Journal, Petitioner has continuously
`
`used the mark RESEARCH IN NONDESTRUCTIVE El/ALUATION as
`
`a source identifier for the Journal, along with Petitioner’s liouse marks.
`
`Commencing in 1989, Petitioner produced and publishedla journal relating
`to nondestructive procedures and evaluation techniques (the “Journal”),
`for which Petitioner adopted and uses the mark RESEARCH IN
`
`NONDESTRUCTIVE EVALUATION.
`
`Following execution of the 1988 Agreement, Petitioneri complied with its
`
`terms, continuously published the Journal, and used the mark RESEARCH
`
`IN NONDESTRUCTIVE EVALUATION on the Journal.
`
`10.
`
`In a letter dated November 18, 1992 from Gabriela Radulescu, executive
`
`editor, journals, of Petitioner to Paul Mclntire, publications manager of
`
`Registrant (the “Radulescu Letter”), Petitioner expressed the concerns of
`
`Petitioner that the Journal was being treated as a “step child” by Registrant
`
`but
`
`that,
`
`if Registrant would “seriously get behind” it and increase
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`NYCOI/7680837v4
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`11.
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`12.
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`13.
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`14.
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`subscriptions from Registrant’s membership “by about 25%,” “we would
`
`be more than happy to add the ASNT logo on the cover of the 1993
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`volume.”
`
`;
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`As an alternative to the foregoing,
`
`the Radulescu Eetter proposed
`
`tendering ownership to Registrant——an option which Registrant did not
`
`accept.
`
`Instead, on March, 1993, Registrant and Petitioner executed a second
`journal publishing agreement (the “l993 Agreement”),,i employing text
`
`based on the 1988 Agreement.
`
`In the 1993 Agreemerit it was agreed
`
`between Petitioner and Registrant, at Clause 1, that, “8PRINGER will
`
`continue to publish Research in Nondestructive Evaluatton
`
`according
`
`to the provisions of this Agreement.” A copy of the 1993 Agreement is
`
`attached as Exhibit B.
`
`,
`
`In Clause 4 of the 1993 Agreement, Registrant expressly agreed that,
`“Copyright and ownership of the JOURNAL are vested exclusively with
`SPRINGER.”
`The 1993 Agreement also included the following new paragraph at its
`Clause 3: “The ASNT logo and name will appear on thelfront cover, inside
`front cover, and back cover. The EDITOR and Executive Director will
`
`see proofs of the cover re—design.”
`
`15.
`
`In Clause 18 of the 1993 Agreement, Registrant expressly agreed that,
`
`during the term of the agreement, it would not “undertake the publication
`
`1I
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`NYC0l/7680837v4
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`16.
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`17.
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`of any journal of a character that might interfere with or injure the sales
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`of’ the Journal.
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`By executing the 1993 Agreement, Registrant again acknowledged that
`
`Petitioner has been the owner of the Journal, from its inception.
`
`In 1996, Petitioner and Registrant discussed the creation of a new
`
`agreement as a substitute for the 1993 Agreement (the “1996 Proposed
`
`Agreement”). When a draft of the 1996 Proposed Agreement was
`presented by Petitioner to Registrant, it repeated, at Clause 13, the provision
`
`in the 1993 Agreement that, “Copyright and ownership td the journal are
`
`vested exclusively with the Publisher.” The term, recited at Clause 10,
`
`allows for an extension for a single year from the end-of-term date of the
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`1993 Agreement, with the new concluding date thereby stated as
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`December 31, 1997.
`
`18.
`
`Registrant responded to that drafi by requesting that ownership in the
`
`Journal be transferred to Registrant from Petitioner. No agreement was
`
`reached on the issue of transfer.
`
`19.
`
`In 1997, the issue was revisited between the parties, with the result that the
`
`1996 Proposed Agreement was marked up to show the Registrant as the
`
`new owner of the Journal, but that the term would be lengthened to expire
`on December 31, 2001. No agreement was reached on the 1996 Proposed
`
`Agreement.
`
`20.
`
`The transfer of Journal ownership to Registrant was addressed by the
`
`parties in another draft agreement, dated October, 1998;: (the “First 1998
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`NYC01/7680837v4
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`Proposed Agreement”). Under Clause 3 of the 1998 Proposed Agreement,
`
`ownership in the Journal would transfer from Petitioner to Registrant as
`
`follows: “In recognition of the Society’s interest and commitment to
`
`publishing a first-class peer-review journal and of the Society’s role in the
`successful publication of the Journal, and in recognition oflthe Publisher’s
`long-term investment and commitment
`to the Journall and of final
`
`signature of this Agreement. As of this date, the Society is the owner of
`
`the Journal and reserves all rights to ownership, includinglthe right to the
`title and copyright.
`The Society grants to the Publisher rights and
`
`obligations as hereafter outlined during the term of this Agreemen .”
`
`[Sentence fragment as per original.]
`
`As part of the consideration for the foregoing transfer, at? Clause 11, the
`
`term of the First 1998 Proposed Agreement was to be substantially
`
`lengthened, to conclude on December 31, 2014.
`
`l
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`During the autumn of 1998, the parties met in Nashville, Tennessee, to
`
`discuss the First 1998 Proposed Agreement and associated issues.
`
`On December 3, 1998, by cover letter of Maria Taylor, executive editor of
`
`Petitioner, to Paul Mclntire, publications manager for Registrant, a revised
`version of the draft agreement, bearing a December 1998 date, was
`transmitted by Petitioner to Registrant
`(the “Second .l1998 Proposed
`
`Agreement”).
`
`In the Second 1998 Proposed Agreement; the transfer of
`
`ownership provision of the First 1998 Proposed Agreement was repeated,
`
`along with the extension of the term through December 31, 2014.
`
`21.
`
`22.
`
`23.
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`NYCOI/7680837v4
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`24.
`
`In her December 3, 1998 letter, Ms. Taylor, stated: “Enclosed is a revised
`
`agreement between Springer and ASNT reflecting the points we discussed
`
`in Nashville. .
`
`.
`
`. Springer is unable to reduce the term of the agreement
`
`since, with the transfer of ownership to the Society, we must have
`
`significant protection of our past and future investment in the journal.”
`
`25.
`
`Further negotiations were had on the Second 1998 Proposed Agreement,
`
`but
`
`instead of the execution of any substitute agreement,
`
`the 1993
`
`Agreement was permitted to renew automatically by the ]?parties through
`December 31, 2002, and will remain in full force and effect until that date.
`
`26.
`
`On April 12, 1999, Registrant, without knowledge of petitioner, filed an
`
`application
`
`to
`
`register
`
`the
`
`trademark
`
`IN
`
`NONDESTRUCTIVE EVALUATION for
`
`“quarterly
`
`publications,
`
`namely, journals in the field of nondestructive evaluation’? in international
`
`class 16, claiming a date of first use in commerce Jof 1989.
`
`The
`
`declaration, executed by Paul Mclntire, stated that, ‘‘he/she believes the
`
`applicant to be the owner of the trademark/service mark sought to be
`registered .
`.
`. to the best of his/her knowledge and beliefno other person,
`firm, corporation, or association has the right to use the: above identified
`mark in commerce, either in the identical form thereofl or in such near
`
`resemblance thereto as to be likely, when used on or
`
`connection with
`
`the goods/services of such other person, to cause confulsion, or to cause
`mistake, or to deceive; and that all statements made of his/her own
`knowledge are true and that all statements made on inforlmation and belief
`
`NYC01/7680837v4
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`are believed to be true.” On September 5, 2000, that application matured
`
`into U.S. Reg. No. 2,382,698, with a date of first use and first use in
`
`commerce of 1989.
`
`27.
`
`On information and belief, at the time Registrant executed its trademark
`
`application on April 12, 1999 it knew, or should have known,
`
`that
`
`Petitioner had been using the mark RESEARCH IN NONDESTRUCTIVE
`
`EVALUATION on “quarterly publications, namely, jourrlals in the field
`of nondestructive evaluation.”
`i
`
`28.
`
`On Information and belief, Registrant knew, or should have known, at the
`
`time of filing of the application which issued into the registration sought to
`
`be cancelled, that Petitioner was the owner of the mark RESEARCH IN
`NONDESTRUCTIVE EVALUATION.
`J
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`29.
`
`On information and belief, Registrant later instructed the lJoumal’s editor,
`again without knowledge of executive officers of Petitiorier, to include in
`
`future issues of the Journal a statement of ownership
`Petitioner as to
`the mark RESEARCH IN NONDESTRUCTIVE EVALUATION on the
`Journal, commencing with Volume 13,
`Issue 3, which was dated
`September 2001 and published on or about December 4, 2001.
`
`30.
`
`Petitioner is damaged by Registrant's registration because that registration
`
`is prima facie evidence of the validity of the registered mark, of the
`
`Registrant's ownership of the mark and of the Registrant's exclusive right
`
`to use the registered mark in commerce on or in connectijbn with the goods
`
`specified in the registration, thereby placing a cloud upon Petitioner's right
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`NYC0l/7680837v4
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`—4\.,fi44,
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`to use its previously adopted and used mark in connection with scientific
`
`31.
`
`journals in the field of nondestructive procedures and evaluation.
`The continued existence of Registration No. 2,382,698 further damages
`
`the Petitioner by barring the Petitioner from the lawful registration of the
`mark RESEARCH IN NONDESTRUCTIVE EVALUATION for
`its
`
`goods.
`
`32.
`
`The application, which issued into Registration No. 2,382,698, was void
`
`ab initio because Registrant was not the owner of the subject mark.
`
`WHEREFORE, Petitioner respectfully requests that this cancellation petition be sustained
`
`and that Registration No. 2,3 82,698 be cancelled.
`
`A duplicate copy of this petition is enclosed. The applicable filing fee for this petition
`
`may be charged to Deposit Account No. 230380.
`
`Respectfully submitted,
`
`SPRINGER-VERLAG NEW YORK, INC.
`By:
`
`i
`
`Alan Behr
`
`Edward M. Prince
`
`Thilo C. Agthe
`Alston & Bird LLP
`
`90 Park Avenue
`
`New York, N.Y. 10016
`
`(212) 210-9479
`
`Attorneys for Petitioner
`
`Dated: November g’Ll_, 2002
`
`NYC01/7680837v4
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`

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`
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`Springer-Verlag
`New York Berlin Heidelberg Tokyo
`
`Journal Publishing Agreement
`
`The following agreement has been_approved, executed and delivered bf and between:
`
`The Society for Nondestructive Testing (hereinafter
`called the SOCIETY) represented by Desmond jD. Dewey,
`Manag ing Direc tor
`
`and
`
`e
`2. Springer-Verlag New York, Inc. in cooperation with
`Springer-Verlag;GmbH 6: Co. KG Berlin Heidelberg Tokyo
`(hereinafter called SPRINGER) represented by
`
`Jolanda L. von Hagen, President
`Chief Executive Officer
`
`

`
`
`
`Research in Nondestructive Evaluation
`
`journal Publishing Agreement
`Page
`5
`
`Clause 1
`SPRINGER will publish the journal tentatively entitled Research in
`Nondestructive Evaluation beginning with the first issue for 1989}A
`
`Clause 2
`The JOURNAL will publish the results of original research in allfareas of
`nondestructive evaluation (NDE). This journal will cover experimental and
`theoretical investigations dealing with the scientific and engineering
`bases of NDE, its measurement methodology, and a wide range of
`applications of materials and structures that relate to the entire life
`cycle,
`from manufacture to use and retirement. Illustrative topics include
`advances in the underlying science of acoustic,
`thermal, electrical,
`magnetic, optical, and ionizing radiation techniques and their application
`to NDT problems. These problems include nondestructive characterization of
`a wide variety of material properties and their degradation in service,
`nonintrusive sensors for monitoring manufacturing and materials processes,
`new techniques and combination of techniques for characterizing hidden
`flaws and distributed damage, standardization concepts and quanfiitative
`approaches for advanced NDE techniques, and long-term continuous
`monitoring of structures and assemblies. Survey papers as well as
`full-length technical articles are accepted.
`
`Clause 3
`The JOURNAL will be published initially in one volume per year consisting
`of 4 issues of 66 editorial pages each, or a total number of 256 editorial
`pages per volume. The number of pages per issue may vary slightiy within
`the fixed length of the volume. The format of the JOURRAL will be 6 1/2 x
`9 1/2 inches.
`
`S
`Clause 4
`'1;‘he SOCIETY
`Copyright and ownership are vested exclusively with SPRINGER.
`maintains the nonexclusive right to reproduce, reprint or republish.
`in
`whole or in part, material from the JOURNAL in other publications of the
`SOCTETY without first obtaining written permission from SPRINGER or paying
`royalties. In such cases, material will only be used after publication in
`the JOURNAL. All uses will acknowledge the JOURNAL, SPRINGER, and the‘
`author.
`,
`_
`
`Clause 5
`Editorial policy will be set by the SOCIETY in consultation wflth SPRINGER.
`1
`
`Clause 6
`The Editorial Board will be selected by the SOCIETY after approval by
`SPRTNGER.
`
`

`
`
`
`Research in Engineering Design
`
`»% journal Publishing Agreement
`
`Page
`
`Clause 7
`The EDITOR will apply the peer~review system for the selection of articles
`to be published. Details are to be defined in an editorial proceduie. The
`EDITOR shall have the final decision on any editorial matter in the
`JOURNAL. The EDITOR shall be the spokesperson for the editorial board and
`responsible for contacts with SPRINGER.
`
`p
`Clause 8
`The EDITOR will supply SPRINGER with accepted manuscripts prepared in
`accordance with the guidelines to authors, and approved in content and
`form including all illustration and tables. All editorial material must be
`supplied in time to meet SPRINGER's deadlines for publication. Scientific
`copyediting will be handled by the EDITOR.
`{
`
`Clause 9
`All editorial board members and the Managing Director of the SOCIETY will
`be entitled to a complimentary copy of the JOURNAL for their persbnal use.
`The editorial board members will actively support SPRINGER in its efforts
`to avoid misuse of these privileges, i.e. donation of journal
`issues to
`their library or their resale.
`
`V
`Clause 10
`The EDITOR will be responsible for preparing subject and author indices if
`these are desired which will be published in the last issue of afvolume.
`SPRINGER will be responsible for preparing covers and tables of contents
`for each issue.
`‘
`
`Clause ll
`SPRINGER will be responsible for the total cost of manufacture,g
`distribution, stockholding, promotion, and the collection of
`V
`subscriptions.
`9
`
`I
`Clause 12
`SPRINGER will have the right to advertise its books and journals in the
`JOURNAL on a space-available basis.
`1
`
`Clause 13
`The authors of a paper will be responsible for proofreading page proofs of
`their paper.
`
`

`
`
`
`journal Publishing Agreement
`Page
`5
`
`Research in Engineering Design
`
`I
`Clause 14
`Color illustrations will be accepted only if the author bears the cost.
`Excessive author's alterations in proofs (i.e. alterations other than
`printer's errors exceeding 101 of typesetting costs) will be charged to
`the author. There will be no page charges to the authors.
`jv
`
`Clause 15
`
`V
`
`SPRINGER will be responsible for setting the annual subscription rates.
`The subscription rate for the first volume, Volume 1, 1989, will be
`approximately $75 plus postage.
`i
`
`5
`Clause 16
`The SOCIETY will purchase 1,000 membership subscriptions. SPRINGER will
`charge the SOCIETY $22.50 plus postage and handling for each membership
`subscription to be mailed by SPRINGER. In case the number of the above
`mentioned subscriptions is less than 1,000,
`the SOCIETY may fufinish
`SPRINGER with additional mailing labels and promotional material for
`shipment of issues to prospective members. SPRINGER will charge the
`SOCIETY $22.50 plus postage and handling for promotional copies sent.
`SPRINGER will ship the remaining subscriptions directly from the printer
`to the SOCIETY and charge the SOCIETY $22.50 plus freight andlhandling.
`
`‘
`clause 17
`SPRINGER will pay to the editorial offices a total of $3000 per volume,
`payable semi-annually. The EDITORS agree to provide SPRINGER with an
`annual accounting of the editorial expenses, no later than January 31st
`for the preceding calendar year. SPRINGER will not be responsible for any
`other expenses or honoraria in connection with the editorial bffices.
`
`.
`clause 18
`The SOCIETY agrees that it will not, during the continuance of the
`agreement, without the consent
`in writing of SPRINGER, underthke the
`publication of any journal of a character that might interfere with or
`injure the sales of the JOURNAL.
`‘
`
`I
`.
`.
`Clause 19
`This agreement shall become effective upon final signature by the parties
`and remain in force until December 31, 1993, and shall automatically
`continue in force for successive periods of five years unless 12 months
`notice to the contrary is given in writing by either party.
`1
`
`

`
`
`
`93 journal Publishing Agreement
`
`.
`
`Page
`
`Research in Nondestructive Evaluation
`
`4
`Clause 20
`Regardless of the place of its physical execution. this agreement is being
`made under, and shall be governed by,
`the laws of the State offflew York.
`
`American Society for
`Nondestructive Testing:
`
`For Springe
`
`—Ver1ag New Fork, Inc.:
`
`'
`
`Managing Director
`
`\
`landa L. von Hagen
`-resident, Chief Executifie Officer
`
`3’
`
`$95?
`
`
`
`/E;
`
`/D545*‘:a”/7; /z’”/gf
`
`1TEEZ"_'_""""
`
`

`
`
`
`Springer~Verlag
`New York Berlin Heidelberg Tokyo
`
`pt
`
`l
`
`l
`I
`
`11
`
`Journal Publishing Agreement
`
`The following agreement has been approved, executed and delivered by and between:
`
`1,
`
`The z_\merican Society for Nondestructive 'iI‘esting
`(hereinafter called the SOCIETY)
`represented by:
`
`Timothy B. Strawn
`Executive Director
`
`and
`
`in cooperation with
`2. Springer—Verlag New York, Inc.
`Springer-Verlag GmbH Sr Co. KG Berlin Heidelberg Tokyo
`(hereinafter called SPRINGER) represented by
`4
`
`Hane-Ulrich Daniel, Ph.D.
`President and Chief Executive Officer *
`
`~
`
`

`
`
`er
`II1
`
`Research in Nondestructive Evaluation
`
`CLAUSE l:
`
`Journal Publishing Agreement
`2
`,
`fr
`
`SPRINGER will continue to publish Research in Nondestructive Evaluation (hereinafier
`referred to as the JOURNAL) as of January l, i994 (volume 6) according to the provisions
`of this Agreement.
`*
`
`CLAUSE 2:
`
`j
`
`The Journal will publish the results of original research in all areas of nondestructive
`evaluation (NDE). This JOURNAL will cover experimental and theoretical investigations
`dealing with the scientific and engineering bases of NDE, its measurement methodology,
`and a wide range of applications of materials and structures that relate to the enti’re life
`cycle, from manufacture to use and retirement.
`Illustrative topics include advances in the
`underlying science of acoustic, thermal, electrical, magnetic, optical, and ionizing radiation
`techniques and their application to NDE problems. These problems include
`‘
`nondestructive characterization of a wide variety of material properties and their:
`degradation in service, nonintrusive sensors for monitoring manufacturing and njxaterials
`processes, new techniques and combination of techniques for characterizing hidden flaws
`and distributed damage, standardization concepts and quantitative approaches for
`v
`advanced NDE techniques, and long~term continuous monitoring of structures
`assemblies. Survey papers as well as full—length technical articles are accepted.j
`
`d
`
`ll
`
`CLAUSE 3:
`
`The JOURNAL will be published in one volume per year consisting of 4 issues of 64
`editorial pages each, or a total number of 256 editorial pages per volume. Thernumber of
`pages per issue may vary slightly within the fixed length of the volume. The format of the
`JOURNAL will be 6 1/2 x 9 1/2 inches.
`'
`
`back
`The ASNT logo and name will appear on the front cover, inside front cover,
`cover. The EDITOR and Executive Director will see proofs of the cover re-design.
`I1
`
`CLAUSE 4:
`
`Copyright and ownership to the JOURNAL are vested exclusively with SPRINGER. The
`SOCIETY maintains the nonexclusive right to reproduce, reprint or republish; in whole or
`in part, material from the JOURNAL in other publications of the SOCIETY vyithout first
`obtaining written permission from SPRINGER or paying royalties.
`In such cases, material
`will only be used afier- publication in the JOURNAL. All uses ‘will acknowledge the
`JOURNAL, SPRINGER, and the author.
`
`CLAUSE 5:
`
`Editorial policy will be set by the SOCIETY in consultation with SPRINGER}.
`
`CLAUSE 6:
`
`The Editorial Board will be selected by the SOCIETY after approval by SPRJINGER.
`
`

`
`
`
`Research in Nondestructive Evaluation
`
`CLAUSE 7:
`
`Journal Publishing Agreement
`
`The EDITOR will apply the peer-review system for the selection of articles to be I
`published. Details are defined in an editorial procedure. The EDITOR shall have the final
`decision on any editorial matter in the JOURNAL. The EDITOR shall be the
`spokesperson for the Editorial Board and responsible for contacts with SPRINGER.
`
`CLAUSE 8:
`
`The EDITOR will supply SPRINGER with accepted manuscripts prepared in accordance
`with the guidelines to authors, and approved in content and form including all illustrations
`and tables. All editorial material must be supplied in time to meet SPRlNGER'sIdeadlines
`for publication. Scientific copyediting will be handled by the EDITOR.
`«
`
`lJ
`
`CLAUSE 9:
`
`1
`
`All Editorial Board members and the Executive Director of the SOCIETY will be entitled
`to a complimentary copy of the JOURNAL for their personal use. The Editorial Board
`members will actively support SPRINGER in its efforts to avoid misuse of these privileges,
`i.e. donation of journal issues to their library or their resale.
`i
`
`CLAUSE 10:
`
`The EDITOR will be responsible for preparing subject and author indices, if these are
`desired, which will be published in the last issue of a volume. SPRINGER will be
`responsible for preparing covers and tables of contents for each issue.
`
`CLAUSE ll:
`
`SPRINGER will be responsible for the total cost of manufacture, distribution, ;
`stockholding, promotion and the collection of subscriptions.
`I
`
`This includes the submission of complimentary copies to the following abstracting and
`indexing services:
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`I
`
`Abstract Bulletin ofthe Institute of Paper Science and Technology; Acoustic
`Abstracts; Applied Mechanics Review; Applied Science and Technology Index;
`Art and Archaeology Technical Abstracts; Cadscan: Ceramics Abstracts,‘
`Chemical Abstracts: Current Contents; Engineered Materials Abstracts,’
`Engineering Index; Highway Research Info Service; ISMEC; Mechanical
`Engineering Abstracts; Index to Scientific Reviews; International Aerospace
`Abstracts; Leadscan; Metals Abstracts: Metals Information;
`lllondestructive
`Testing Information Analysis Center; Petroleum Abstracts; Science Abstracts
`(Physics Abstracts, Electrical and Electronics Abstracts, and Computer and
`Control Abstracts); Science Citation Index; Solid State and Superconductivity
`Abstracts; World Aluminum Abstracts; and Zincsan.
`1
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`Research in Nondestructive Evaluation
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`CLAUSE I2:
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` Journal PublishingAgreement
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`SPRINGER will have the right to advertise its books and journals in the JOURNAL on a
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`The authors of a paper will be responsible for proofreading page proofs of their paper.
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`Color illustrations will be accepted only if the author bears the cost. Excessive authors’
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`SPRINGER will be responsible for setting the annual subscription rates for all non-ASNT
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`By its promotional efforts, SPRINGER will attain a minimum of 250 non-ASNJT member
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`CLAUSE 16:
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`The SOCIETY will purchase a minimum of 1,000 membership subseriptionsaltnually for
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`In case the number of the above mentioned subscriptions is less that 1,000, the SOCIETY
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`CLAUSE I7:
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`41
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`SPRINGER will pay to the editorial offices a total of $4,000 per volume, payable semi-
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`Research in Nondestructive Evaluation
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`Journal Publishing Agreement
`5
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`CLAUSE 18:
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`The SOCIETY agrees that it will not, during the continuance of the Agreement, without
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`This Agreement shall become effective upon final signature by the parties and remain in
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`Regardless of the place of its physical execution, this Agreement is being madelunder, and
`shall be governed by, the laws of the State of New York.
`~1
`1
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`FOR:
`
`The American Society for Nnadestruetile Testing:
`
`
`
`FOR:
`
`Springer-Verlag New York inc.
`
`
`
`Hans-Ulrich Daniel, Ph.D.
`President and Chief Executive Officer
`
`DATE:
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`f
`
`V‘
`
`

`
`
`
`1 1-26-2002
`U.S. Patent& TMOfcITM Mail RcptD1. #70
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`90 Park Avenue
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`Thilo C. Agthe
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`Direct Dial: 212-210-9475
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`J
`E-mail: tagthe@alston.com
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`November 26, 2002
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`Re:
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`United States Trademark/Petition for Cancellation
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`Registration No.: 2,382,698
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`Mark: RESEARCH IN NONDESTRUCTIVE
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`EVALUATION
`Registrant: The American Society for Nondestructive 'll‘esting, Inc.
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`Dear Sir or Madam:
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`On behalf of Springer-Verlag New York, Inc., we submit the following in
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`1. Petition for Cancellation in duplicate; and
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`Sincerely,
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`Thilo C. Agthe
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`CERTIFICATE OF EXPRESS MAIL UNDER 37 C.F.R. 1.10 1
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`Mark
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`: RESEARCH IN NONDESTRUCTIVE
`EVALUATION
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`Registration No.
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`: 2,382,698
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`Registrant
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`: The American Society for Nondestrudtive
`Testing, Inc.
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`International Class
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`Express Mail Label No.
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`Date of Deposit
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`: November 26, 2002
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`I hereby certify that the attached Petition for Cancellation is 1)eing
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