I
`
`
`
`APPucAncn
`N0. 633634
`
`IN THE UNITED STATES PATENT OFFICE
`
`PRINCIPAL REGISTER
`
`STATEMHT
`
`
`
`SERTA ASS CIATES,
`
`INC., a corporation duly organized
`
`under the laws of
`elaware,
`located at Wilmington, Delaware,
`and doing busines at 666 North Lake Shore Drive, Chicago,
`Illinois (the she holders of fihich are associated in the manu-
`
`facture and sale,
`
`mattresses of uni orm grade and quality,
`
`in accordance with
`
`specifications is ued by applicant for the materials used there-
`
`A in), has adopted
`
`:d is exercising legitimate control over the
`
`use or the colle tive mark shown in the accompanying drawing for
`
`‘nmwrnsssss,
`
`in c a
`
`32, Furniture and Upholstery, and presents
`
`herewith five (
`
`) specimens showing the collective mark as actu-
`
`ally used in co nection with such goods by members of such orga-
`
`nization,
`
`the c llective mark being applied to tags or labels
`
`affixed to the oods, and requests that the same be registered
`
`in the Unitedi
`
`tates Patent Office on the Principal Register,
`
`in
`
`accordance wit
`
`the Act of July 5, 1946. The collective mark is
`
`
`
`
`
`
`
`APPucAncn
`N0. 633634
`
`IN THE UNITED STATES PATENT OFFICE
`
`PRINCIPAL REGISTER
`
`STATEMHT
`
`
`
`SERTA ASS CIATES,
`
`INC., a corporation duly organized
`
`under the laws of
`elaware,
`located at Wilmington, Delaware,
`and doing busines at 666 North Lake Shore Drive, Chicago,
`Illinois (the she holders of fihich are associated in the manu-
`
`facture and sale,
`
`mattresses of uni orm grade and quality,
`
`in accordance with
`
`specifications is ued by applicant for the materials used there-
`
`A in), has adopted
`
`:d is exercising legitimate control over the
`
`use or the colle tive mark shown in the accompanying drawing for
`
`‘nmwrnsssss,
`
`in c a
`
`32, Furniture and Upholstery, and presents
`
`herewith five (
`
`) specimens showing the collective mark as actu-
`
`ally used in co nection with such goods by members of such orga-
`
`nization,
`
`the c llective mark being applied to tags or labels
`
`affixed to the oods, and requests that the same be registered
`
`in the Unitedi
`
`tates Patent Office on the Principal Register,
`
`in
`
`accordance wit
`
`the Act of July 5, 1946. The collective mark is
`
`
`
`
`
`
`
`sworn, deposes and says t at he believes said corporation is
`
`the owner of the collecti e mark which is in use in commerce
`
`among the several states hich may lawfully be regulated by
`
`Congress and that, to th best of his knowledge and belief, no
`
`other person, firm, corp ration or association has the right to
`
`authorize the use of, an no person, firm,corporation or asso-
`
`ciation other than the
`
`right to use, such coll ctive mark in commerce which may lawfully
`
`/
`
`be regulated by Congres , either in the identical form thereof
`
`or in such near resemb ance thereto as might be calculated to
`
`deceive; that the draw ng and description truly represent the
`
`collective mark sought to be registered;
`
`that the specimens show
`
`the mark as actually
`
`ed in connection with the goods; and that
`
`the facts set forth 1
`
`the statement are true.
`
`POWER OF ATTORNEY
`
`
`
`The undcrsign d hereby appoints THIESS, OLSON &
`
`MCKLEKBURGER, of 77 est Washington Street, Chicago 2, Illinois,
`
`Reg. No. 9622, its.at orneys to prosecute this application for
`
`registration, with fu 1 power of substitution and revocation,
`
`to
`
`transact all business in the Patent office connected therewith,
`
`and to receive the cc tificate.
`
`scam Asso'cIA'rEs,
`
`INC .
`
`
`
`Chicago, Illinois
`
`August 5,
`
`1952-
`
`
`
`mg
`K24
`"“?s*;e;*Asg¢¢1;£es, Inoti
`
`STATE or 1% INOIS
`
`. COUNTY OF
`
`OOK
`
`ss.
`
`Be ore me personally appeared C. Francis Pearce, Jr.,
`
`to me kno A
`
`to be the person described in the above application
`
`for regis ation, who signed the foregoing instrument in my
`
`presence
`
`therein,
`
`11 the
`
`nd made503%’: before me to the allegations set forth
`
`./
`
`day of
`
`, 1952.
`
`91% '
`
`tary u ic
`
`My commission expires 9:”/§‘vfig[
`
`
`
`'
`
`.
`
`AR-I-Hun A_°|_s°,,j
`A.F. ME::KL:Nsu§G V
`THORLEY von r-vO,ks"r‘
`BEfiTRAM WM_COLTl;|AN‘
`ALBERT H.PENDLETON
`. SIDNEY NEUMAN ‘
`A.ARNOLD BRAND
`WILLARD L_FoLLARQ
`cA'R|_ MARX
`ARTHUR B.SEIBOLD,\JR.
`_ noaanr w. POORE
`rm-:0 T_wILL|AMS
`-
`VICTOR MYER
`RQEERT c. CAMP
`fit/ALPH E.CHURCH,Up.V
`.
`.
`ARTHUR A.oL.soN,ur-2.
`
`.
`
`-
`
`‘
`
`‘
`
`77 WEST wA5H[NG1'oN s1'|:§EE-r
`
`‘
`
`2
`FINANCIAL 6-I200
`
`-
`
`6’
`
`ASSOCIATE COUNSEL
`WALTER CLYDE JONESJBQB-I928
`KEENE H.ADD|NGTON.lS9B-I-922
`
`man-nun B.SE|BO>LD.1906-V932
`(nznnso)
`
`* Eon. Cemmissiener of Patents.
`.Trade—Hark operations
`fwéshingten 25, D. 0.
`
`‘$13:
`
`‘
`
`7:»
`
`We enclose heréw;th formal papers, five speeimens
`ané a drawing in the appiieation for regiatraticn of the
`
`‘
`
`///
`
`illustrated trade-mark1under_the Act of 1946 for serta
`
`Asgoéiates; Inc.’ together fiith ear check for é3§~E:‘ffver
`
`the registration fee.
`
`Tfiespectfully,
`
`THIES , GLSOH & MC ENURGEB
`
`/
`
`’
`
`T
`
`
`
`
`
`V
`
`No.
`
`
`
`‘ ‘ — ’
`
`‘:=*r31=‘rrr~
`
`
`
`7*
`
`.(:A‘r'§0r§ A
`.'
`
`ABKS
`DE
`.E
`CLASS 32, TURNETURE AND
`UEHULSIEEQE Jr.
` REGISTERED “
`
`NOV 17 K3 .
`
`
`
`. PROPRIETOR.
`
`5¢9zfa‘
`
`Jmc.
`
`
`
`
`
`
`
`APPLICATION or
`
`/
`
`’ ¢\:1*xe:n;;.r:1.-' Vs:-_w ,5; ».
`
`wg,
`
` N THE UNITED STATES PATENT OFFICE all
`
`1 Qlnvwta
`
`T. N. Division 3
`
`SERTA ASSOCIATES, mo.
`SERIAL No.’ 633,634 /
`
`FILED. AUGUST 8, 1952 /
`For Trademark SERTA
`
`Hon. Commissioner of Patents
`Trade-Mark Operations
`Washington 25, D.C.
`
`Sir:
`
`Amendment
`
`I
`
`In regard to the above-identified application, in
`connection with which no action has been taken by your office,
`there are submitted herewith a_new Statement, Declaration,
`
`Power of Attorney and Oath. We respectfully request that
`
`these documents be substituted for and instead of those
`
`originally filed herein, retaining, however,
`specimens of the mark originally filed,
`
`the drawing and
`
`Respectfully,
`
`SERTA ASSOCIATES,
`
`INC.,
`
`By Its Attorneys:
`
`THIESS, OLSON, MECKLENURGER, Von HO
`
`T & COLTMAN,
`
`
`
`REMARKS:
`
`Since the filing of this application, certain new or,,
`
`. additional facts have been discovered.
`
`It was known and appreciated, of course, that applicantg
`
`licensees were not permitted to use those of applicant's trade-
`
`
`
`S.K. 633y634
`
`marks for which specifications had been issued except on or in
`connection with goods made in full compliance with said
`
`specifications, respectively.
`
`It was not known to us as applicant's attorneys or
`
`fully appreciated by applicant that the licensees were pro-
`
`hibited from making and/or selling any goods except those for
`
`which applicant had issued its specifications.
`Having been under the erroneous impression that the
`
`licensees were free to make and/or sell goods in the mattress
`or bedding field for which no specifications had been issued,
`
`it seemed that the licensees were free to trade-mark such goods
`in any manner they might see fit, provided they did not breach
`
`the license agreements, or,
`
`in other words,
`
`that the licensees
`
`might have and use nonconflicting trade-marks or labels of their
`
`own. With such goods so labeled it appeared that they might
`
`also use the mark which is the subJect_of this application.
`
`I Applicant's trade—marks were and are of two differentw
`
`kinds, namely: first, those trade—marks, of which the one covered
`
`by this application is typical,
`
`in connection with which no
`
`specifications were and are issued; and second,
`
`those trade—marks,
`
`of which copending application Serial No. 634,275, “Perfect
`Sleeper," is typical, which are to be used only on goods made
`in full compliance with applicant's specifications related
`directly thereto. Applicant's trade-marks are, of course,
`
`indicia of origin but those of the kind secondly above
`
`defined seemed to carry additional implications.
`
`pm
`
`Based on the said premise, it seemed also that the
`
`licensees were free to use the marks of the first category
`even with goods of their manufacture which carried private
`
`labels and are not necessarily comply with applicant's
`
`specifications.
`
`
`
`s.n. 533,632;
`
`The fact stated in
`Such, however, is not the case.
`b
`the third paragraph of these remarks, namely,
`that applicantfs
`
`licensees are prohibited from making and/or selling an; goods
`
`except those for which applicant had issued specifications,
`
`demonstrates the truth of the old cliche that when arguing
`
`from a false premise one must necessarily arrive at a false
`
`conclusion.
`
`In view of the newly discovered fact above mentioned,
`
`the trade-mark which is the subject matter of this application
`
`‘is in the same category as all the others except in the single
`
`particular that there are no specifications peculiar to it.
`
`It
`
`cannot, however, be used except on goods which conform to one
`or another of the specifications issued by applicant.’
`
`Accordingly, when the respective licensees are entitled
`
`to use, for example,
`
`the trade—mark "Perfect Sleeper“ or any
`
`other of applicant's marks for which specifications have been
`
`issued, such licensee is entitled at the same time to use the
`
`mark which is the subject of this application. This mark may
`
`not, however, be used on or in connection with any other goods
`of the licensee.
`Indeed, as noted,
`the licensee is not
`
`permitted to make or sell any goods except such as are made
`in full compliance with applicant's specifications.
`
`It is, moreover, Just as true of the trade-mark here
`
`under consideration as it is of any other of the trade-marks
`
`herein mentioned or referred to that it is the property of and
`
`belongs to the applicant, Serta Associates, Inc., and not to its
`
`-members who are its licensees.
`
`It is therefore, strictly
`
`speaking, not a collective mark within the provisions of
`Section 4 or the definition of "collective mark" in Section #5
`
`of the Act.
`
`It is, we submit, entitled to registration by
`
`applicant under the "related company" provisions of the Act.
`
`
`
`>
`
`‘
`
`1‘.':-L§
`
`S.N. 633,53#
`
`The papers herewith are accordingly submittea as
`
`substitutes for those originally filed, and it is respectfully
`
`requested that they be approved and that this applicatian be
`
`passed to publication.
`
`Respectfully submitted,
`
`THIESS, OLSON; MECKLENBURGER, Von HOLST & COLTEAN
`
`Bv .
`
`. '0I'neyB Cr
`
`can
`
`V
`
`Chicago, Illinois
`
`May 7,
`
`. 1953
`
`
`
`
`
`H
`
`_:=~‘w»._
`
`=3. 5 -fV_§5j"‘1!H§EEf‘§_5
`
`.2
`
`.
`
`.-
`
`V:
`
`‘4‘,1‘_,. L.
`
`,
`
`;‘
`
`;.
`
`IN THE-UNITED STATES EATENT OFFICE
`
`.-
`
`AEPLIGATION or
`
`SERTA ASSOCIATES,
`SERIAL N0. 633,63u
`
`
`
`INC;
`
`‘“r. M. Division lII
`
`
`
`FILED AUGUST 8, 1952 A
`For Trade—Mark S3? A
`
`
`_;.orab1e Commissioner of Ratents:
`
`STATEMENT
`
`
`
`S.BT lA$§55TK$E§,‘h@¢., a corporation duly
`under the laws of Delaware,
`located at Wilmington, Delaware,
`
`
`
`and doing business at 666 North Lake Shore Drive, Chicago,
`
`Illinois, has adopted and t
`‘
`related companies is using
`in
`the mark shown in thgwgccompanyiug drawing, for MArTasssEs,
`Class 32, Furniture and m holster§;-and5presents herewith five
`(5) specimens showing the mark as actually used in connection
`‘with such goods by persons duly authorized by applicant and
`legitimately controlled by it in respect to the nature and
`
`,qua11ty of the goods in connection with fihich the mark is used,
`the mark being applied to tags or labels afiixed to the goods,
`and requests that the same be registered inpthe United States
`Patent Office on the Principal Register,
`in accordance with the’
`/Act of July 5, 1946.
`The mark is used on or in connection with
`the goods to indicate that the manufacturer is a licensee of
`
`applicant and that the licensee is legitimately controlled.by
`applicant in respect to the nature and quality of the goods in
`connection with which the mark is used.
`L
`
`The mark was first used by one of applicant's licensees
`on August 10, 1938, ahd first used by said licensee in commerce
`
`
`
`‘ s:W:£%3,63i)
`
`among the several étates which may lawfully be regulated by
`Congress on August 10, 1938.
`°~"°‘
`/4 }07-'¢‘—°n'-+
`3:
`‘H1:
`(‘€77-“}’l*‘*“7'
`’5’)a,‘i‘1
`1”“.
`‘f- +1»: _+u~'o.a(a—‘-In-l(
`DECL§§ATION
`C. FRANCIS PEARCE, Jr.; being duly sworn, deposes and
`
`4%
`a’
`"“"’“" ‘IL Ir?"
`S‘Low"n
`+4. em: 2'»:-
`
`says that he is vice—presiden of Serta Associates, Inc.,
`
`the
`
`¥Mov’
`
`applicant named in the foregzing Statement;
`
`that the said corporation is the owner of the mark which is
`
`that he believes
`
`used by it through related c§mpanies in commerce among the
`several states which may laéfully be regulated by Congress, and
`to the best of his know1edg% and belief no other person, firm,
`
`corporation or association pther than applicant and those duly
`authorized by applicant ang legitimately controlled by it in
`respect to the nature and éuality of the goods in connection_
`with which the mark is use; has the right to use the mark in
`commerce which may lawfulhg be regulated by Congress, either in
`the identical form thereoé or in such near resemblance thereto
`as might be calculated togdeceive;
`that the drawing and descrip-
`tion truly represent the hark sought to be registered;
`that the
`specimens show the relate%—company mark as actually used in
`connection with the goodég that applicant legitimately controls
`its licensees,
`the usersgof said mark,
`in respect to the nature
`3
`and quality of the goodsgin connection with which
`the mark is
`1
`as
`used; and that the fact§ set forth in the Statement are true.
`an.
`
`«em»
`IOWER or ATTORNEY
`
`The undersignedghereby appoints THIESS, OLSON,
`é
`MCKLENBURGER, Von HOLSQ & COLTMAN, of 77 west Washington
`Street, Chicago 2, Il1i%ois, Reg. No. 9622, its attorneys to
`prosecute this applicat§on for registration, with full power
`§
`3‘f]-z
`
`
`
`«..,,,
`s"C,x§f‘§I 633,631+
`.:.’*<=
`
`of substitution and revocation,
`
`to transact all business in
`
`the Patent Office connected therewith, and to receive the
`
`certificate .
`
`355
`
`SERTA ASSOCIATES,
`
`INC . ,
`
`By
`
`¢/
`
`V’ ce—resien.t , ¢_./’
`4—«*
`
`44 -eta ,f.
`
`Chicago, Illinois,
`
`May 7: 1953 .
`
`STATE OF ILLINOIS i
`
`COUNTY OF COOK
`
`SS.
`
`Before me personally appeared C. Francis Pearce, Jr., -
`
`to me known to be the person described in the above application
`for registration, who signed the foregoing instrument in my
`
`presence and made oétgh before me to the allegations set forth
`therein, on the
`—‘
`day of
`94»
`, 1953.
`
`/r’/ ‘
`
`-'~-
`"
`V ’”
`" , Zn"
`Public
`5‘
`'
`
`My commission eJ:pires{‘,~.»rf>.-f‘~'.«
`
`v
`
`' /) ’
`
`’
`
`1
`
`-"3
`.-‘r’
`
`”
`
`
`
`POL-89
`
`TRADE-MARK °"E"“"°“5
`wuulnsron z5.n.c.v
`
`UNITED STATES PATENT OFFICE
`WASHINGTON
`
`PAPER No.
`
`2
`
`swim’ numben We °ffi""'5-
`rid name of the applacunt.
`
`Please find below a communication from the EXAMINER in
`1
`charge of this application.
`-
`
`
`'fEj.IIIIlI1.'/'4'?’U1
`
`a1
`
`
`Thiess, Olson, Mecklenburg
`77 W. Washington St.
`
`Chicago 2, I11.
`
`
`
`1 .
`
`.
`
`7%./fl/fl»2:.,—%
`Commissioner ofPatents.
`
`<flWWmm: Serta Associates, Inc.
`
`5*f'“'f‘“""- 633,631+
`FM
`Aug 8, 1952
`I
`C
`For
`T M
`
`GPO
`
`16#53fi25v~4
`
`e
`3%‘
`
`If applicanfi*”fe the owner of Reg. No. 370,996,
`
`a claim of ownership thereof should appear in the
`
`statement .
`
`E MINER
`
`A proper response to this Office action must be received within
`f from the date of this action in order to avoid ABANDONMENT.
`
`6
`
`months
`
`
`
`
`
`IN THE UNITED STATES PATENT OFFICE
`
`$39’
`‘?PLICATION OF
`//,
`SERTA ASSOCIATES,
`INC.
`SERIAL No. 633,634 ///
`FILED AUGUST 3, 1952
`
`Fer Trade—Mark SERTA
`
`T. M. Division III
`
`Hen. Cemmissioner of Patents
`Trade—Mark Operations
`Washington 25, D. G.
`
`Sir:
`
`_Amendment
`
`Responsive to Office Action dated May 29, 1953, kindly
`
`amend the above application by adding the following paragraph to
`
`the Statement:
`//’ "Applicant is the registrant and owner of Reg. Ho.
`370,996 and of the trade-mark shewn therein."
`
`1 R
`
`espectfully,
`
`SERTA ASSOCIATES,
`
`By Its Attorneys:
`
`INC.,///
`
`
`
`COITMAN,
`
`REMARKS:
`
`The above amendment is in confermity with Office Action
`
`dated May 29, 1953.
`
`It is respectfully submitted that this application should
`
`new be passed to publication.
`
`Respectfully submitted,
`
`
`
`Chicago; Illinois,
`June 11, 1953.
`
`
`
`Pg_I5‘§$‘7
`mo-mes om
`THE COMMISSIONE OF PATENTS
`'"“°E'“*RK °PER‘“"°'.‘5
`vusnma-rou 2:, D. c.
`
`V
`
`V
`p
`flu,
`;«i\’r
`_
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`
`les
`
`.
`
`'
`
`p
`M
`/«Eu
`COMMERCE
`DEPARTMENT
`'
`‘
`UNITED STATES PATENT OFFICE
`WASHINGTON
`
`.
`
`,
`
`.
`
`it
`PAPER No.‘
`.
`Au
`..
`...;.°"",:z":1f.,':.‘-°"‘.,..’°..;.’.‘,‘,.z’.$’.;’a°::‘.':'.§
`nu‘
`number’ date of flung’
`and name of the applicant.
`.
`
`MAHED .
`
`J ul
`.
`.y
`
`2
`
`h’
`
`l
`
`953
`
`THIESS, OLSON, MECKLENBURGER,
`VON HOLST &: COLTMAN
`ZSIBI. WASHINGTON ST.
`AGO 2’
`ILL.
`
`I_
`
`‘
`
`_l
`
`APP“°‘*““ SEE“ ASSOCIATE3’
`
`INC‘
`
`ClassNo.: 32
`Seria1No.: 633,631+
`Filed: August 8, 1952
`For Mark: SERTA
`
`NOTICE A OF PUBLICATION
`
`The application for Registration of the mark identified above has been examined and in compliance
`with section 12 (a) of the Trade-Mark Act of 1946 has been passed for publication in the Oflicial Gazette
`°‘
`August 18, 1953
`
`Any person who believes he would be damaged by the registration of this mark upon the Principal Register
`may, upon payment of the required fee, oppose the same by filing notice of opposition, stating the grounds
`therefor, in the Patent Oflice within 30 days after the publication thereof, which said notice of opposition shall
`be verified by the person filing the same before one of the oiiicers mentioned in section 11 of the Trade-Mark Act
`of 1946.
`
`If no notice of opposition is filed within the time specified by rules 20.1 and 20.2 of the Rules of Practice in
`Trade-Mark Cases, the Commissioner of Patents may issue a Certificate of Registration.
`
`’ Copies of the Trade-Mark portion of the Oflicial Gazette containing the publication of the mark may be
`obtained as soon as published at
`45 cents each from the Superintendent of Documents, Government Printing
`Ofiice.
`
`By direction of the Commissioner.
`
`ovo
`
`1n—a2as2—s
`
`Exalninen
`
`
`
`1201.69
`
`ADDRESS ONLY
`PATENTS
`THE COMMISSIONER
`TRADE-MARK OP ATIONS
`WASHINGTON 25. D. 5.
`
`DEPARTMENT;
`[COMMERCE
`um-ran STATES15} «.41-:NT OFFICE
`
`WASHINGTON
`
`All communications respecting
`this application shouldgive tbs
`registration number mid name
`of tbe afiklicaut.
`
`les
`
`I"
`
`L
`
`THIESS, OLSON, MECKLENBURGER
`Von HOLST 8c COLTMAN
`77 W. WASHINGTON ST.
`CHICAGO 2,
`ILL.
`
`"I
`
`_|
`
`0ct.22, 1953‘
`
`Notice of Allowance
`
`The issuance of a CERTIFICATE OF REGISTRATION has_been approved
`
`in the matter of the following application:
`
`APPLICANT
`
`SERTA ASSOCIATES,
`
`INC.
`
`SERIAL NO.
`
`633 ,63l4,
`FOR MARK
`
`SERTA
`
`FILED
`
`Aug. 8, 1952
`
`CLASS
`
`32*
`
`The Certificate of Registration will be issued and mailed to you
`
`011
`
`Nov. 17, 1953
`
`By direction of the Commissioner.
`
`ll. 5. BOVERNIIENT PRINTING DING!
`
`is-593:9-a
`
`Examiner.
`
`
`
`i
`
`
`
`IN THE UNITED smwrss PATENT or-was
`
`\
`
`REGISTRATlON No. 582,363
`
`on-no NOVEMBER 17. 1953
`
`ACT OF 1946
`
`To SERTA ASSOCIATES,
`
`INC.
`
`COMINED AFFIDAVITS UNDER sscrxons 8 AND 15
`
`To the commissioner of Patents:
`
`J. A. Ferguson, being duly sworn, deposes and says
`
`that he is vice-President of serts Associates, Inc., a corpora-
`
`tion duly organized and existing under the laws of the state of
`
`Delaware, located at Chicago, Illinois, and doing business at
`666 North Lake Shore Drive, Chicago 11, Illinois; that said
`
`corporation is the registrant and owner or the registration
`
`identified above, No. 582,463, dated November 17, 1953, as evi-
`
`denced by the accompanying title report; that the mark described
`
`therein has been in continuous use in comerce among the several
`states for at least five consecutive years subsequent to the
`said date of registration, namely, from November 17, 1953, to
`
`the date hereof, on or in connection with
`
`'
`
`MATTRESSES:
`
`stated in said registration; that the mark is still in use in
`
`commerce as aforesaid in connection with said goods; that the
`
`specimen presented herewith shows the trademark as actually used
`
`at the present time; that there has been no final decision ad-
`
`verse to registrant's claim of ownership of such mark for such
`
`goods, or its right to register the same, or to keep the same
`
`on the register, and that there is no proceeding involving said
`rights pending in the Patent Office or in any court and not
`
`finally disposed of.
`
`
`
`..-
`
`POWER OF ATTORNEY
`
`The said sorta Associates, Inc., hereby appoints the
`
`firm of OLSON, MCKLENBURGER, Von HOLST, PENDLETON & NEUMAN,
`77 West Washington Street, Chicago 2, Illinois, Reg. No. 9622,
`
`its attorneys, with full power of substitution and revocation,
`
`to file this affidavit, and to transact all business in the
`Patent Office in connection therewith.
`A
`
`SERTA ASSOCIATES,
`
`INC.
`
`By
`
`,w
`ce- res
`
`en
`
`STATE OF ILLINOIS § ss.
`
`COUNTY OF COOK
`
`Before me personally appeared J. A. Ferguson,
`
`to me
`
`personally known to be the person described in the foregoing
`
`instrument, who signed the same in my presence and made oath
`before me to the allegations set forth therein, on the
`
`, 1959.
`
`/I,
`
`V
`
`day or gym;
`M
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`MADE BYA SERTA ASSOCIATE
`
`
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`‘
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`M.
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`“K4
`ARTHUR “MON \...
`A.F. MECKLENBURGER
`THORLEY VON HoLsT
`ALBERT H. PENDLETON
`sIDNE'v NEUMAN
`"
`A.AR'NoLD BRAND
`ART u
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`F_RE:TRW|:_'fA:S D"’R
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`ARTHUR A.OLSON,JR.
`TVW,ANDERS0N JR.
`'
`JOSEPH P. CALABRESE/..r~““"'
`JAMES R.DowDALL 7’
`DONALD A. PETERSON
`THOMAS E.SM|TH
`aoaanr L.AUSTlN
`GREGORV B. Bl-EGGS
`
`.
`
`.
`
`ATTORNEYS AND COUNSELORS
`77 WEST WASHINGTON STREET
`-
`C H ICAG O 2
`
`F,NANc,A,_ 6.1200
`
`May 13, 1959
`
`/8
`1.00
`
`,
`
`3
`
`ARTHUR WM.NELSON
`.
`ASSOCIATE COUNSEL
`
`WALTER cm): JONES,lS9B-I925
`ROBERT LEWIS AMES,J903-I955
`KEENE H.ADD|NGTON,I89B'l-932
`ARTHUR a.sE:BoJ.D, I906-I932
`(RETIRED)
`J.BERNHARD THIESS |9l7—|9S5
`CABLE ADDRESS JONAD CHICAGO
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`Re: Affidavibunder seetsions 8
`serta. Asseciates, Inc.
`Trademark $ER$AL
`Ifiteflstration 119. 582,463
`
`15
`
`'
`
`We enclose herewith the abéve-zidentified affidavit,
`
`V
`together with a label showing the trademark.
`T Also ene19s_eaf1s- our check £9f a title
`
`report.
`
`It is requested thatst-he ratent office provide
`
`a title report relating to said registration for Patent
`
`offiée use in connection with the enclosed affidavit.
`
`Respéctfully,
`
`
`
`FORM F0-122
`I9-I-50)
`
`U. 3. DEPARTMENT OF COMMERCE
`PATENT OFFICE.
`
`TITLE REPORT “F
`
`TmB.582,u63
`
`Serta Associates, Inc.
`
`THE TITLE APPEARS FROM THE ASSIGNMENT RECORDS TO BE VESTED IN:
`
`Registrant
`
`EXAMINED UP TO AND INCLUDING
`
`Apr. 21, 1959
`
`THIS CERTIFICATE DATED
`
`may 28. 1959
`
`. SQD. CARL LEVY
`HEAD OF ASSIGNMENT BRANCH
`
`NO FURTHER ASSIGNMENTS APPEAR TO HAVE BEEN RECEIVED FOR
`RECORD INCLUDING:
`
`
`
`COMM-DC 67106
`
`
`
`I REGISTRATION NO.
`
`ISSUED
`
`I953
`NOV. 17
`582,’-I63
`RECEIPT IS HEREBY ACKNOWLEDGED oF THE AFFIDAVIT FILED
`BY
`SERTA ASSOCIATES,
`INC.
`
` _
`E SEC. 8 . AFFIDAVIT ACCEPTED
`SEC. ‘I5 - AFFIDAVIT FILED
`BY DIRECTION OF THE COMMISSIONER
`
`',
`
`JUN 4 1959
`
`DIRECTOR. TRADEMARK EXAMINING OPERATION
`OLSON, MECKLENBURGER, vow HOLST,——I
`'°'““’°“’“‘”
`|—
`PENDLETON 8 NEUMAN
`77 w. WASHINGTON ST.
`c|-{|cAGO 2,.
`I|_[_,
`U. S. DEPARTMENT OF COMMERCE - PATENT OFFICE
`
`AFMAW
`ACKNOWLEDGMENT L_
`
`__I DG
`
`
`
`pom»; Po-685
`“.224”
`
`‘
`
`u.s. DEPARTMENT or commence
`PATENT o:=r-xca
`
`I
`V
`|:_] No previous assignments of ‘record as of
`|'_ See Title Record for ownership information prior to this record
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`IN THE UNITED STATES PATENT OFFICE
`Application for Renewal
`
`Trademark:
`
`SERTA
`
`Reg. No.:
`
`582,463
`
`Registered: November 17, 1953
`
`Class;
`
`32
`
`TO THE HONORABLE COMMISSIONER OF PATENTS:
`
`STATEMENT AND POWER OF ATTORNEY
`
`SERTA, INC., a corporation organized and existing
`
`under the laws of the State of Delaware,
`
`located at Chicago,
`
`Illinois, and doing business at 666 Lake Shore Drive, Chicago,
`
`Illinois 60611, represents that it is the owner of the above-
`
`identified Registration No. 582,463 issued November 17, 1953,
`
`as evidenced by the Patent Office records, that the mark
`
`shown therein is still in use igwifiterstate commerce on or in/.
`connection with:
`
`MATTRESSES
`
`recited in said registration, that the specimen presented
`
`herewith shows the mark as actually used on the goods at the
`
`present time, and requests that the said registration be
`
`renewed in accordance with the provisions of Section 9 of the
`
`Trademark Act of 1946.
`
`The undersigned hereby appoints Sidney Neuman,
`
`Fred T. Williams, Theodore W. Anderson, Arthur A. Olson, Jr.,
`
`Ralph E. Church, Jr., James R. Dowdall, Donald A; Peterson,
`
`William J. Birmingham, Joseph P. Calabrese, Thomas E. Smith,
`
`Robert L. Austin, Gregory B. Beggs, Noel I. Smith, John J.
`
`Cavanaugh, Harry J. Roper, Michael 0. Warnecke, James T.
`
`Williams, Lynn R. Kipnis, William M. Wesley, Aaron Passman
`
`no/2n/73 osszues
`
`2 202
`
`25.00CK
`
`
`
`and Eugene F. Friedman, all of 77 West Washington Street,
`
`Chicago, Illinois 60602, and all of whom are members of the
`
`Bar of the State of Illinois, its attorneys, with full power
`
`of substitution and revocation,
`
`to prosecute this application,
`
`to make alterations and amendments therein,
`
`to transact all
`
`business in the Patent Office in connection therewith, and
`
`to receive the Certificate of Registration.
`
`All correspondence concerning this application
`
`should be addressed to:
`
`Neuman, Williams, Anderson & Olson
`77 West Washington Street
`Chicago, Illinois 60602
`
`SERTA,
`
`INC.
`
`By
`
`Cjiieghvf
`President
`
`DECLARATION
`
`ALAN H. GOFF declares: That he is President of
`
`SERTA, INC., a Delaware corporation that he believes the said
`
`corporation to be the owner of Registration No. 582,463;
`
`that the mark shown therein is still in use in interstate
`
`commerce on or in cojnegtion with:
`
`MATTRESSES
`
`recited in said registration; that the attached specimen shows
`
`the mark as currently used; that all statements made herein
`
`of his own knowledge are true and that all statements made on
`
`information or belief are believed to be true; further that
`
`those statements were made with the knowledge that willful
`
`false statements and the like so made are punishable by fine
`
`
`
`or imprisonment, or both, under Section 1001 of Title 18 of the
`
`United States Code and that such willful false statements may
`
`jeopardize the validity of the renewal application or document
`
`or any renewal of the registration resulting therefrom.
`
`_
`
`Date
`
`'37/4552f
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`9WWYN“mAN
`FRED T. WILLIAMS
`T”E°°°RE W-““‘°E'_“.5
`RALPH E.CHURCH,JR.
`JAMESRDOWDALL
`DONALD A. PETERSON
`WILLIAM J. BIRMINGHAM
`JOSEPH F. CALABRESE
`THOMAS E. SMITH
`GREGORY a. 3:665
`ROBERT L. AUSTIN
`NOEL 1. SMITH
`JOHN .1. CAVANAUGH
`HARRY .1. ROPER
`MICHAEL O. WARNECKE
`JAMES T. WILLIAMS
`LYNN R. KIPNIS
`WILLIAM M.WESLEY
`AARON PAssMAN
`EUGENE F. FRIEDMAN
`
`AN,WlLLlAMS, ANDERSON & OLSON
`FWTORNEYSAND COUNSELORS
`—
`77 WEST WASHINGTON STREET
`
`3
`‘
`
`CHICAGO,|LLINOlS
`6 0602
`
`OCtCber 2 ,
`
`2-R:;:,:°:L::.:8::E;
`couusa
`TELEPHONE
`FINANCIAL 5-1200
`AREA CODE 3|2
`CABLE ADDRESS
`JONAD CHICAGO
`
`Honorable Comissioner of Patents
`Washington, D. C. 20231
`
`Re: Application for Renewal of Trademark
`Registration No. 582,463
`Trademark:
`SERTA
`Our Discl. No. T 1760
`
`Sir:
`
`We enclose herewith an application for renewal
`of the above-identified registration. Also enclosed is
`our check for
`25.00 covering the renewal fee.
`
`227
`
`'
`
`Very truly yours,
`NEUMAN, WILLIAMS, ANDERSON & OLSON
`
`Thomas E. Smith
`
`TES:mv
`
`Enclosure
`
`
`
`A0120 is/ssm
`
`SOLEQETGE
`
`93 c 6582
`
`Commissioner of Patents and Trademarks
`washington.D.c.2o2a1
`ll.S.P.”2‘=‘;:’~i'“
`
`NOV l
`
`.
`
`:3
`
`REPORT on THE
`F||_||\|G on DETERM||\|A'|'|o|\| 0|: AN
`KOFFIGECTION REGARDING A PATENT
`
`In compliance with the Act of July 19, 1952 (66 Stat. 814; 35 U.S.C. 290) you are hereby advised
`that a court action has been filed on the following patentlsl in the U.S. District Court:
`DOCKET NO.
`DATE FILED
`U.S. DISTRICT COURT
`
`93 C 6582
`PLAINTIFF
`
`10/27/93
`
`Northern District of Illinois — Eastern Division
`DEFENDANT
`
`Ser ta , Inc .
`
`Great Expectations
`
`PATENT NO.
`
`DATE OF PATENT
`
`PATENTEE
`
`1 582,463
`
`11/17/73
`
`Serta Associates, Inc.
`
`2 582,464
`
`11/17/73
`
`Serta Associates, Inc.
`
`4 5
`
`In the above-entitled case, the following patent(s) have been included:
`DATE INCLUDED
`INCLUDED av
`
`El Amendment
`
`El Answer
`
`El Cross Bill
`
`El Other Pleading
`
`PATENT NO.
`
`DATE OF PATENT
`
`PATENTEE
`
`In the above—entit|ed case, the following decision has been rendered or judgment issued:
`DECISION/JUDGMENT
`
`CLERK
`
`I-1 . STUART CUNNINGHAM
`
`Copy 1 - Upon initiation ol acllon, mall this copy lo Commissioner Copy 3 — Upon termination of action, mall Ihls copy to Commissioner
`Copy 2 — Upon flllng document adding patent(s). mail this copy to commlsalonor
`Copy 4 — case lilo copy
`
`
`
`w '
`
`FILING OR "DETERMINATION OF AN
`“Commissioner of Patents and Tradomgfls‘, PATENT 8'79
`Washington, D.c. 20231
`‘_
`. AFMN?K’fl:.‘}:mFAcT|oN REGARDING A pA1-EN-f
`
`REPORT ON ‘THE
`
`In compliance with the Act of July 19, 1952 (66 Stat. 814; 35 U.S.C. 290) you are hereby advised
`that a court action has been filed on the following patent(s)vin the U.S. District Court:
`U.S. DISTRICT COURT
`Northern Districcof Illinois -— Eastern Division
`DEFENDANT
`
`_
`
`PLAINTIFF
`
`Sorta, Inc.
`
`7
`
`.
`
`-
`
`Great Expectations
`
`1 582,563»
`
`11/17/73
`
`11/17/73
`
`Serte Assoc1aces,.‘Inc..
`
`A
`
`'
`
`'
`
`‘
`
`K V
`
`Serra Associates, Inc.
`
`e
`
`In the _above-entitled case, the following patentls) have been included:
`DATE INCLUDED
`I
`INCLUDED av
`‘
`.
`V
`E].Cross Bill
`
`El.Amendment
`
`El Answer
`
`.
`
`_
`El Other Pleading
`
`_
`
`PATENT NO.
`
`.
`
`DATE or PATEN}
`
`‘
`
`_
`
`PATENTEE
`
`DECISION/JUDGMENT
`_
`Enter order: It is ordered that judgment is entered in favor of the plaintiff and
`againstthe defendant. Grady’, J. _
`’
`
`Copy 1 1 upon Initiation of action, mail this copy to commissioner Copy 3 5- Upon tormlnatlon of pollen, mall Ihls copy to Commissioner
`copy 2 — Upon‘ flllng document adding pnIoar5fii),—mglI thls copy to commlsalonor ‘
`’
`copy'4 — case llle.
`'”y
`
`
`
`.L——._--<
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`SERTA, INC.
`
`V.
`
`GREAT EXPECTATIONS, INC.
`
`Defendant
`
`Civil Action No.
`93 C 6582
`
`Judge Grady
`
`\J\/\/€’\§\&\/%\/‘&/$/
`
`QER
`
`A complaint having been filed in this matter by SERTA, INC. ("SERTA") on October 27,
`
`1993, alleging that GREAT EXPECTATIONS, INC. ("GREAT EXPECTATIONS“), in using
`
`the trademark "SERTA" in an unauthorized fashion, engaged in trademark infiingement, false
`
`designation of origin and unfair competition, trademark dilution and deceptive trade practices;
`
`GREAT EXPECTATIONS having been entered into default on December 8, 1993, this
`
`court enters judgment against GREAT EXPECTATIONS based on the findings set forth below:
`
`IT IS HEREBY FOUND, ORDERED, ADJUDGED AND DECREED:
`
`1.
`
`SERTA is an entity incorporated and existing under the laws of the state of
`
`Delaware, with its principal place of business at 2800 River Road, Des Plaines, Illinois 60018.
`
`2.
`
`GREAT EXPECTATIONS is an entity, upon information and belief, incorporated
`
`and existing under the laws of the state of Colorado, with its principal place of business at 400
`
`South Colorado Boulevard, Suite 200, Denver, Colorado 80237.
`
`3.
`
`This Court has subject matter jurisdiction over the causes of action asserted in the
`
`complaint, and personal jurisdiction over the parties.
`
`
`
`4.
`
`SERTA is the owner of all rights in and to the trademark "SERTA" in connection
`
`with the manufacture, marketing and sale ofbedding products, including mattresses, including
`
`the right to halt the use ofthat mark or similar marks where such use is likely to cause confusion,
`
`mistake or deception.
`
`5.
`
`SERTA has obtained Federal Trademark Registrations for the mark "SERTA,
`
`namely Registration No. 582,463 issued November 17, 1953, and United States Registration No.
`
`582,464 issued November 17 1953 (word and design).
`
`6.
`
`Great Expectations and its officers, directors, agents, representatives, attorneys
`
`and all persons acting or claiming to act on its behalf or under its direction or authority, and all
`persons acting in concert or in participation with Great Expectations, shall be preliminarily and
`
`permanently enjoined from:
`a)
`representing in any manner or by any method whatsoever that any goods
`
`not sponsored, approved, or authorized by or originating from Serta but sold or sponsored by
`
`Great Expectations are sponsored, approved, or authorized by or originate from Serta, or from
`
`otherwise taking any action likely to cause confusion, mistake, or deception on the part of the
`
`public as to the origin, approval, sponsorship, or certification of such goods and services; and
`b)
`representing in any manner or by any method whatsoever that any
`
`business conducted by Great Expectations is connected, affiliated, or otherwise associated with
`
`Serta, or from otherwise taking any action likely to cause confusion, mistake, or deception on the
`
`part of the public as to the connection, affiliation, or other association ofthe business of Great
`
`Expectations with Serta; and
`c)
`using the trademark "SERTA," or any other mark which is a colorable
`
`imitation of or is confusingly similar in any manner to the "SERTA" trademark on or in
`
`connection with the distribution, sale, offering for sale, advertisement, or promotion of any
`
`product not emanating from Serta unless the use of such mark or the product is approved or
`
`authorized by Serta.
`
`
`
`7.
`
`Great Expectations shall be required to deliver up to the Court any and all labels,
`
`advertisements, catalogs, promotional items, and the like in its possession or control which
`
`might, if sold or used in conjunction with the sale, distribution, or promotion of any products,
`
`violate any injunction granted herein.
`
`8.
`
`In the event of any violation of this Order by GREAT EXPECTATIONS: 1)
`
`GREAT EXPECTATIONS shall reimburse SERTA for all attorney's fees and costs incurred in
`
`seeking to halt viola
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