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`
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`
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`
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`
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`
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`
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`
`FEE RECORD SHEET
`
`I
`
`/' 5/
`
`Registration Number:
`
`1349993
`
`Serial Number: 73262998
`
`WWWWWWWWWW
`
`RAM Sale Number: 270
`
`Total Fees:
`
`$500
`
`RAM Accounting Date: 20041104
`
`Transaction
`
`§8 affidavit
`Application for Renewal (§9)
`
`Transaction
`Date
`/_ /‘
`
`2004‘I1(13F~ E ‘
`20041103
`
`Number
`of Classes
`
`Total
`F_‘<e_e
`
`$100
`$400
`
`Transaction Date:
`
`20041103
`
`KWWWMMWWWWN
`
`

`
`
`
`
`
`
`
`APPLICATION FOR SERVICE MARK REGISTRATION
`
`Mark :
`
`CINE!‘/‘AX
`
`
`
`41 we
`International Class:
`To the Commissioner of Patents and Trademarks;
`game Box Office, Incf, a Delaware corporation
`271 Avenue of the Americas§""““
`;New York, New Yorkkl0020 f
`The above—identified applicant has adopted and is using
`
`the service mark shown in the accompanying drawing for the
`
`following services: Mpremium or pay television-pfiacmrservicefig
`
`and requests that said mark be registered in the United States
`
`Patent and Trademark Office on the Principal Register established
`
`by the Act of July 5, 1946.
`l‘
`The service mark was first used in connection with the
`services on£May 16, 1980} was first used in connection with the
`
`sale or advertising of services rendered in interstate commerce
`onfimay 16,
`l980;§and is now in use in such commerce.
`The mark is used by applying it to program guides and
`
`romotional literature for the services and five specimens showing
`
`-the mark as actually used are presented herewith.
`
`Applicant hereby appoints;Albert Robin and Ernest R.
`rendel, of 1270 Avenue of the Americas, Suite 220, New York, New
`
`to prosecute this application to
`ork lOO2g{ attorneys at law,
`I
`.
`egister,
`to transact all business in the Patent and Trademark
`
`ffice in connection therewith, and to receive the certificate of
`
`egistration.
`
`.
`
`,
`
`.4 ,.,
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`
`3.-,‘,_-‘as
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`
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`
`

`
`STATE OF NEW YORK )
`
`COUNTY OF NEW YORK):
`
`SS‘:
`
`PETER A. GROSS states that he is Vice President of
`
`applicant corporation and is authorized to execute this instrument
`
`on behalf of said corporation;
`
`he believes said corporation to be
`
`the owner of the service mark sought to be registered;
`
`to the bes
`
`‘ of his knowledge and belief no other person, firm, corporation or
`
`association has the right to use said mark in commerce, either in
`
`identical form or in such near resemblence thereto as to be likely,
`
`when applied to the services of such other person,
`
`to cause confus-
`
`ion, or to cause mistake, or to deceive;
`
`and the facts set forth
`
`in this application are true.
`
`HOME BOX i"OFF'ICE", TING .
`
`BY .g@c;<;m__.._
`
`w,wPeter A. Gross
`
`Subscribed and sworn to before me
`
`‘ this 16th day of May, 1980.
`
`
`
`

`
`'
`
`IN REPLY REFER TO THE FOLLOWING AND THE FILING DATE;
`1_ SER, NQ. _
`_
`7
`1. SER. NO._ 5
`252998
`
`V
`
`U.S. DEPARTMENT OF CD-WINIERCE
`Pa"°"t 3"‘, Trademark om"
`5. PAPER NO.
`
`A
`
`,
`g
`,3
`13.APPucANT
`‘ HOME BGX OFFICE» INC.
`
`V
`,_
`V 4
`_ 4“A°°RE55
`‘ ALBERT RBBIN a ERNESI R_ sazungi
`12,0 AvEua£.gr rat AMER1CAS
`$UgTE 220.
`N£HA;nRK"~£H vuxx 10020
`PTO-1293 U.S. DEPT. OF COMM. Pat &TM Ofiim
`
`“ "
`
`" '
`
`ANDTRADEMARKS
`WASHINGTON D. C. 20231
`AND
`FURNISH YOUR ZIP CODE
`AND TELEPHONE
`WM%RWAfl
`Cmfiflmmml
`
`3
`
`After review of the above identified application for trade-
`mark and/or service mark registration, applicant is advised
`as follows:
`
`A search of the Office records fails to show that the mark,
`when applied to applicant's goods and/or services, so re-
`sembles any registered mark as to be likely to cause con-
`fusion, or to cause mistake, or to deceive. TMEP Section
`1105.01.
`
`Applicant is advised that two applications are pending in
`this Office for the registration of marks which so resemble
`applicant's mark as to be likely, as used in connection
`with the goods and/or services,
`to cause confusion, or to
`cause mistake, or to deceive. Since the filing date of the
`instant application is subsequent
`to the filing dates of
`the other pending applications,
`the latter, if and when
`they mature into registrations, will be cited against the
`instant application. Trademark Rule 2.83. Photocopies of
`the drawings from the pending applications, Serial Nos.
`231179 and 262493, as filed in the Trademark Search Room,
`are attached.
`
`The present recitation of services is indefinite for purposes
`‘
`<(,of registration. The following recitation is suggested and
`6
`should be adopted, if accurate: Distiribution of movies
`to cable television and/or master antenna systems.
`
`All correspondence should indicate the name of the Attor-
`ney/Examiner,
`the Examining Division,
`the application serial
`number, and the mailing date of this Office action.
`
`KK:eb
`
`.
`
`<f
`
`t {as
`
`Kimberly Krehel
`Trademark Attorney/Div .
`(703) 557-9550
`
`1+
`
`A proper response to THIS OFFICE action must be received within 6 months from the date of this action in order
`to avoid ABANDONMENT.
`
`,m,__,,
`
`1—Trademark Application File Copy
`
`

`
`‘7
`“L..- Mi ]
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`rm.
`’
`2
`T
`
`Kidwest HoLd;ngs Co. LLd.[
`
`James Street,
`Manitoba, Canada
`
`Gccdsz REAR PROJECTION TELEVISTON
`
`BASED ON CANADA APPL. #439,446 0
`
`

`
`33
`
`1>1u<m L‘=.s.(:L. /O/
`
`-flP?fiT€RNT'
`
`Cinemax Marketing and Distribution Corporation
`
`2 6 2 4 9 3
`J
`i’.>ii>);p.,.(i.
`
`P.O. ADDRESS
`
`277 Park Avenue, New York, New York 10017
`.5‘
`
`DATE OF FIRST USE
`
`September 10, 1975
`
`COMMERCE — September 10,
`
`GOODS or SERVICES
`
`Consulting services for the marketing and
`distribution of motion pictures including
`creative presentation of the motion pictures,
`preparation of motion picture publicity and
`advertising campaigns and other promotional
`activities for the maximization of distributing
`potential for motion pictures.
`
`

`
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`
`Trademark Attorney:
`
`ifiimberley Krehely
`
`Division:, Law Office 4
`
`‘
`
`V’
`
`.
`fl
`A \
`
`UNITED STATES PATENT AND TRADEMARK O
`TRADEMARK EXAMINING OPERATION
`
`In re the Application of
`
`HOME BOX OFFICE ,
`
`INC .
`

`
`To Register the Service Mark
`
`CINEMAX
`
`:
`
`:
`
`:
`
`:
`
`262,998 ’/
`Serial No.:
`:
`V’
`Filed: May 20, 1980
`_ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ X
`
`l270 Avenue of the Anericas
`Suite 220
`New York, New York
`February 17, 1982
`
`10020
`
`Hon. Commissioner of Patents and Trademarks
`Trademark Examining Operation
`Box 5, Division Law Office 4
`Washington, D.C.
`20231
`
`Sir:
`
`Referring to the office action mailed September
`
`22, 1981, please amend the application by deleting the
`
`recitation of services and inserting the following reci-
`
`tation of services in its place:
`
`‘g/no
`——premium or pay television services——
`
`
`
`vApplicant submits that the foregoing identification is
`
`not indefinite. Applicant has referred to its CINEMAX
`
`service as a "premium television service" or as a'pay
`
`television service.“
`
`93 Cable, a magazine published for
`
`cable television Viewers,
`
`included a "glossary of cable
`
`terms"
`
`in its January,
`
`1982 issue.
`
`A copy of the glossary
`
`is submitted herewith. This glossary indicates that to
`
`the cable segment of applicant's market, applicant furnishes
`
`"pay cable" or "premium" services, and,
`
`thus, an appro-
`
`priate description for applicant-.'s CINEMAX services in
`
`

`
`the total television market would seem to be "premium or
`
`pay television“ services.
`
`The Trademark Attorney contends that applicant's
`
`mark, as used in connection with its services, so resembles
`
`the marks in two prior pending applications as to be likely
`
`to cause confusion, or to cause mistake, or to deceive.
`
`Applicant disagrees with this contention and respectfully
`
`requests reconsideration thereof.
`
`With respect to Application Serial No. 262,493
`
`filed on May 19, 1980 by Cinemax Marketing and Distribution
`
`Corporation of New York, New York (hereinafter "Cinemax
`
`Marketing"), this application seeks to register CINEMAX for
`
`the following goods:
`
`"Consulting services for the marketing and
`distribution of motion pictures including creative
`presentation of the motion pictures, preparation
`of motion picture publicity and advertising
`canpaigns and other promotional activities for the
`maximization of distributing potential for motion
`pictures."
`
`This description of services indicates that Cinemax Marketing
`
`uses its mark in connection with advertising and promotion
`
`of the theatrical release of motion pictures.
`
`In contrast, applicant's mark is used in con-
`
`nection with the CINEMAX premium or pay television channel.
`
`Insofar as applicant's service involves motion pictures, it
`
`generally occurs after the initial theatrical release in
`
`theaters and is different and unrelated to the activity
`
`undertaken by Cinemax Marketing.
`
`Moreover,
`
`these differences in services have been
`
`recognized by applicant and Cinemax Marketing.
`
`The parties
`
`entered into an Agreement dated August 7, 1980 whereby
`
`Cinemax Marketing was free to use and register CINEMAX for
`
`production, marketing or distribution of feature films for
`
`theatrical exhibition and applicant was free to use and
`
`register CINEMAX for a programming service for premium, pay
`
`and cable television. Both parties further agreed not to use
`
`

`
`CINEMAX in connection with the other party's services as
`
`described in the agreement.
`
`Such a detailed agreement between two parties
`
`based on their knowledge of the realities of the marketplace
`
`is entitled to great weight. As the Court stated in In re
`
`E.I. duPont de Nemours & Co., 177 USPQ 563, 568 (CCPA 1973):
`
`"The weight to be given more detailed
`agreements of the type presented here should be
`substantial.
`It can be safely taken as fundae
`mental that reputable businessmen—users of valuable
`trademarks have no interest in causing public
`confusion.
`The genius of the free competitive
`system is the paralleling of the interest of the
`entrepreneur and the consuming public so far as
`possible. Altruism aside, it is in his pecuniary
`interest,
`indeed a matter of economic survival,
`that the businessman obtain and retain customers,
`the very purpose and function of a trademark, and
`that he avoid and preclude confusion. Millions of
`advertising dollars are spent daily for that
`precise purpose.
`The history of trade-
`mark litigation and the substantial body of law to
`which it relates demonstrate the businessman's
`alertness in seeking to enjoin confusion.
`In so
`doing he guards both his pocketbook and the public
`interest.
`
`Thus when those most familiar with use in
`the marketplace and most interested in precluding
`confusion enter agreements designed to avoid it,
`the scales of evidence are clearly tilted. It is
`at least difficult to maintain a subjective View
`that confusion will occur when those directly
`concerned say it won't.
`A mere assumption that
`confusion is likely will rarely prevail against
`uncontroverted evidence from those on the firing
`line that it is not."
`
`See also, In re R.C. Bigelow Inc., 199 USPQ 38, 40
`
`(TTAB 1978).
`
`Similarly,
`
`the other pending application (Appli-
`
`cation Serial No. 231,179 filed September l3, 1979) was
`
`filed by Midwest Holdings Co. Ltd. of Winnipeg, Manitoba,
`
`Canada (hereinafter "Midwest")
`
`to register CINEMAX as a
`
`trademark for rear projection television systems.
`
`Such systems
`
`are even more remote from applicant's services than the services
`
`

`
`I»
`
`of Cinemax Marketing. Although the marks in these appli-
`
`cations are the same,
`
`the goods and services covered by the
`
`applications are sufficiently different to make confusion
`
`unlikely.
`
`The identity of the marks is not conclusive with
`
`respect to determining whether confusion is likely.
`
`The
`
`marks cannot be considered in a Vacuum. Rather, as the
`
`
`Board stated in'Xtra, Inc. v. Warren Petroleum Corporation,
`
`175 USPQ 660, 662 (TTAB 1972), various factors must be
`
`considered:
`
`"It is axiomatic that a resemblance of
`the marks is not alone sufficient to establish
`the likelihood of confusion.
`See: American
`Drill Bushing Company 7. Rockwell)Manu§acturing
`Company
`145 USPQ l44
`CCPA
`965 ; an Witco
`Chemical Company, Inc. V. Whitfield Chemical
`Company
`Inc.
`164 USPQ 43 (CCPA l969). We must
`also consider'the nature of the goods and
`services,
`the quality of the mark as applied
`thereto the channels of trade
`the class of
`purchasers, and other showingslwhich could have
`a bearing on the question of likelihood of con-
`fusion.
`See: Carter—Wallace, Inc. v. The
`Procter & Gamble Company et al.
`167 USPQ 713
`'
`(CA 9, 1970)
`In Your Father's Mustache International, Inc.
`
`v. Your Father's Mustache Barber Shops, Inc., 180 USPQ
`
`605 (TTAB l973),
`
`the Board found no confusion was likely to
`
`result from use of YOUR FATHER'S MUSTACHE for barber shop
`
`services and night club services.
`
`The Board concluded:
`
`"Identity of marks alone is not enough
`to be conclusive of a likelihood of confusion.
`See: American Drill Bushing Company v. Rockwell
`Manufacturing Company, 145 USPQ 144 (CCPA, 1965).
`Section 2(d) of the Act of 1946 requires that
`the confusion, mistake or deception referred to
`.must be that arising from applicant's use of
`its mark on its goods or in connection with the
`sale or advertising of its services.
`See:
`Johnson & Johnson v. Veon Chemical Corporation,
`133 USPQ 395 (CCPA, 1962)."
`(180 USPQ at 606)
`
`Thus, where the goods or services in question are
`
`as different as those here at issue,
`
`the Board has found no
`
`likelihood of confusion to exist.
`
`See, e.g.:
`
`Irwin Auger Bit Company v. Irwin Corporation, 134
`USPQ 37 ZTTAB 19623
`(No likelihood of confusion
`between IRWIN for screwdrivers and IRWIN for
`
`

`
`MN
`
`toys, plastic houseware items, brushes and baby
`nursers.)
`
`In re Endress + Hauser, Inc., 191 USPQ 238 (TTAB 1976)
`(No likelihood of confusion between VIBRATROL for
`a device for determining the level of materials in
`a container and VIBRATROL for a system for iso:
`lating equipment to prevent damage from excessive
`vibrations.)
`
`In re Repco Products Corporation, 156 USPQ 432
`(TTAB 1968)
`(No likelihood of confusion between
`TABLOK for pipe insulation and TABLOC for metallic
`connection fittings for baseboard radiators.)
`
`American Latex Products Corporation v. Johnson
`Rubber Company,
`l§8 USPQ 674 (TTAB l963)
`(No
`likelihood of confusion between VULCABOND for a
`synthetic rubber protective coating and VULCABOND
`for insulated rail joints.)
`
`Applying the rationale of these decisions to the
`
`marks here at issue, it is submitted that no confusion is
`
`likely.
`
`The goods and services are different and unrelated.
`
`Applicant is engaged in the service of distributing films
`
`to cable and pay television companies. Midwest's regis-
`
`tration of CINEMAX is for rear projection_television
`
`systems.
`
`These goods and services also travel through
`
`different channels of trade.
`
`The average person seeing
`
`the CINEMAX mark as used in connection with films distributed
`
`to cable and pay television companies is not likely to
`
`believe that they come from the same company that manu-
`
`factures CINEMAX large screen television projection systems.
`
`These systems are expensive items, so that customers are
`
`likely to take greater care in making purchases. Moreover,
`
`the fact that the goods and services may both have some
`
`relationship to the television field is not likely to cause
`confusion. As the Board found in In re Xerox Corporation,
`
`194 USPQ 449, 450 (TTAB 1977), where 6500 for photocopies
`
`and 6500 LINE for filing cabinets were held not to be
`
`confusingly similar:
`
`

`
`fly!
`
`"Under these circumstances and taking
`into account that electrophotographic copying
`machines are distinctly different from filing
`cabinets in every material respect including
`physical characteristics, and functions;
`they
`generally move through different channels of
`trade and are purchased on the basis of different
`motivations as well as under different marketing
`conditions; and,
`in the case of applicant's
`copying machines,
`they would be purchased by
`technically trained and informed individuals
`after considerable care and deliberation with
`regard to all available sources,
`the fact that
`both types of products could conceivably end up
`in business offices is not deemed realistically
`sufficient to support the Examiner's position
`herein and to preclude applicant from the
`registration sought."
`
`Furthermore, it has been held that whenever possible
`
`the right to register should coincide with the right to
`
`use.
`
`In re E.I. DuPont de Nemours & Co., supra, 177 USPQ
`
`at 569;
`
`In re Stanadyne, Inc., 184 USPQ 688, 689 (TTAB
`
`1975). Applicant has already begun full commercial
`
`exploitation of its mark.
`
`It intends to continue using
`
`the mark regardless of the outcome of this application.
`
`Cinemax Marketing has already consented to applicant's
`
`use and registration of CINEMAX, while the goods covered
`
`by Midwest's application are so different from applicant's
`
`services as to make confusion unlikely. Accordingly,
`
`it would follow that a registration of applicant'snmrk
`
`could issue without impairing the rights of the prior
`
`applicants.
`
`;
`
`At the very least, the question of likelihood of
`
`confusion presented here is sufficiently debatable to warrant
`
`publication of applicant's trademark.
`
`See In re Jack
`
`Kapler, Incorporated, 133 USPQ 483, 484 (TTAB 1962).
`
`This will give Midwest more than ample opportunity to
`
`contest applicant's right to register its mark.
`
`

`
`As the application would now seem to be in con-
`
`dition for publication, such action is respectfully requested.
`
`
`
`Law Offices of Albert Robin
`
`Respectfully submitted,
`
` ard B. Barnab
`Attorneys for Applicant
`(212) 977-8844
`
`

`
`ID, followed by impulses that carry a
`message (for example, “stop all s‘
`‘cc
`to this home immediately,” or “ex...-ble
`'Ch., 10 this evening so that this home
`, , can watch a special event”).
`Despite the futuristic implications of
`addressable converters (which already
`exist in many systems), all of the tech-
`nology described so far has been one-
`way communication, or, more accu-
`rately, “downstream” communication.
`It is called “downstream” because the
`information flows from the head end
`down the line to individual homes. “Up-
`stream” communication, therefore, is
`the flow of signals from the home to the
`head end. This is two-way cable com-
`munications.
`Among several two-way cable TV
`
`systems now in operation is Warner
`Amex’s Qube service, already active in
`Pittsburgh, Cincinnati and Columbus,
`Ohio, and soon to start in several other
`cities. All of the regular cable technol-
`ogy is used, but Qube subscribers can
`send messages back upstream to the
`head end by touching buttons on a spe—.
`cially-designed home console. Viewers’
`responses are linked to each house-
`hold’s address code.
`A computer polls all of the house-
`holds on the system every few seconds.
`It opens switches (called “bridger
`gates”) for each home, one at a time, at
`extraordinary speeds, and checks the
`channel being viewed, whether any re-
`sponse buttons are pressed, that the
`converter and the rest of the system are
`
`working properly and,
`in the case of
`yble home security, that all switches
`M .e in the “normal" position.
`If the ‘‘fire" switch at house No.
`67890 is not in the normal position, the
`computer sends out a verification mes-
`sage addressed only to that home. If the
`switch again registered an abnormal
`state, the computer would notify the
`fire department. The police, hospital,
`and other agencies would be tied into
`each home in the same fashion.
`A family could (and often does) buy
`an item on Qube, or express an opinion
`using one of the response buttons.
`When the same polling computer scans
`the households, and response button
`No. 2 is pressed, it feeds this data, at-
`tached to the subscriber address code,
`
`CABLE-
`SPEAK
`
`"
`
`T’ A.Glossary of Cable Terms
`Access channels: Channels reserved
`for free use by the public, local govern-
`ment or other designated institutions, and
`for lease on a non-discriminatory basis.
`
`ACE (Award. lor cablecasting Ex-
`ceIIence):- The National Cable Televi-
`V sion Association’s annual awards.
`Affiliate: The term used by a cable pro-
`grammer to refer to a system that carries
`its service.
`
`Alphanumeric Service: One that con-
`veys information by the use of letters and
`numbers on the television screen, rather
`than moving images.
`
`Amplifier: A device placed at intervals
`throughout a cable system to strengthen
`_ the radio frequency signals.
`
`Basic cable: The services given sub-
`‘ scribers for their minimum monthly fee.
`Basic fare normally includes the signals of
`' VHF and UHF stations, plus some satel-
`‘ lite signals.
`Bi-directional: A term descriptive of
`. two-way cable.
`Bird: Slang for communications satellite.
`
`'
`
`.
`
`l
`
`A. Cable Television: A communications
`_ medium in which television signals are
`transmitted by wire to the TV receivers of
`, subscribers, who normally pay a monthly
`'
`fee for the service. The signals can be
`picked up directly Erom a television cam-
`era in a local studio or taken off the air
`from local TV stations; they can also come
`from distant locations via landlines, micro-
`wave or communications satellite.
`
`26 / ON CABLE /JANUARY 1982
`
`CATA (Community Antenna Televi-
`sion Association): Trade association of
`small cable operators. It has its headquar-
`ters in Washington, D.C.
`
`DDS (Direct Broadcast Satellite):
`Proposed system in which TV signals are
`sent directly from a satellite to receiving
`dishes located at individual homes.
`
`I
`
`CATV (community Antenna Televi-
`sion): The term first used for cable televi-
`sion, which got its start providing televi-
`sion reception to remote communities via a
`tall antenna. The term continues to be
`used occasionally to refer to cable service.
`
`channel capacity: The maximum
`number of program sources that can be
`carried at the same time by a_cable system.
`
`character Generator (CG): An elec-
`tronic device for displaying letters or nu-
`merals on the TV screen.
`'
`
`cherry Picking: What a cable operator
`does when he takes programs from differ-
`ent satellite services and combines them
`on one of his channels, rather than giving a
`chaimel over entirely to a single service.
`
`coaxial cable: The transmitting line
`that distributes TV signals to subscribers’
`television sets in most cable systems. It
`consists of a wire or tube; serving as the
`primary carrier of the signals, covered by
`a layer of insulation which is,
`in turn,
`covered by a tubular shielding of braided
`wire or aluminum sheath, which serves as
`the secondary conductor. An electro-
`magnetic field is created between the
`inner wire and the shielding, which keeps
`the signals from being attracted off course
`by magnetic fields in the environment.
`The entire cable may be insulated by a.
`plastic or vinyl covering.
`
`communications Satellite: An orbit-l
`ing space device that retransmits signals
`received from earth to other receiving
`points over a wide area. Since 1975, cam-
`munications satellites have been used in
`the U.S. to distribute cable programming
`nationally.
`
`converter: A device that takes cable sig-
`nals and adapts them to standard TV sig-
`nals, serving also as a tuner for the TV set
`and sometimes incorporating a descram-
`bler for pay services.
`
`Dish: A parabolic an-
`tenna that
`receives
`TV signals
`from a
`satellite or sends them
`to it. (Also known as
`an earth station.) The
`term dish is also used
`for an antenna that re-
`ceives microwaves.
`
`Distant Signals: TV channels imported
`from other cities by a cable system to be
`carried locally.
`Downlink: Earth station that receives
`TV signals from a satellite.
`
`Downstream: The flow of signals in a
`cable system from head end to subscrib-
`ers.
`‘
`
`Drop cable: The piece of cable that con-
`nects the TV receiver in a subscriber's
`home with the feeder line in the street.
`
`Earth Station: A parabolic antenna that
`receives TV signals from a satellite or
`sends them to it. (Also known as a dish.)
`
`Electromagnetic Spectrum: The
`complete range of frequencies of elec-
`tromagnetic waves. These are waves that
`are propelled through space or a conductor
`by an oscillating electric and magnetic
`field. They range from radio waves at the
`low end of the spectrum to cosmic ray
`waves at the high end.
`Feeder Line: The cable that serves as an
`intermediate link between a system’s main
`trunk line and the short lengths of cable,
`known as drops, that enter subscribers’
`homes.
`
`Footprint: The territory within which a
`particular satellite’s signals can be re-
`ceived.
`
`Franchise: Permission granted by a
`local government to operate a cable sys-
`tem within its jurisdiction.
`
`

`
`-to: the data-base computer. The data-
`base computer may either store the in-
`formation for later use or display it for
`reference. Most often, the results of
`Qube’s polls are shown as grouped re-
`sponses—for example, 68 percent of
`the people who responded touched but-
`ton No. 2. (Qube could also say that
`8,637 people touched button No. 2, but
`“raw” numbers can be cumbersome.)
`
`a matter how complex or simple a
`cable system is, it cannot simply be
`turned on and ignored. Technicians——
`generally one for every 1,000 subscrib-
`ers—-are needed to keep the system in
`good working order. Not only that, but
`as a community expands, a cable sys-
`tem expands with it, and that means
`
`making certain that the quality of pic-
`ture received by a subscriber in a new
`subdivision miles away from the head
`end is as good as that pulled in by a sub-
`scriber next to it.
`technicians must
`Day in, day out,
`also travel around the system, making
`changes for subscribers who want to
`switch from one pay service to another
`or otherwise revamp the channels and
`non-programming services they re-
`ceive. (Some addressable systems can
`make these changes in the computer,
`saving all those trips.)
`Technicians also must inspect every
`piece of the system’s “plant,” going
`over the cable’s fittings and amplifiers.
`Water may get into a system and neces-
`sitat/e repairs. The Federal Govern-
`
`ment requires that all system
`more than 1,000 subscribers provide
`yearly proof of certain performance
`standards. As a rule, the industry’s
`own standards exceed the govern-
`ment’s.
`Finally, there are catastrophes—a
`car mows down a utility pole or an ice
`storm blows into town. If these disrupt
`a cable service, a technician must be
`dispatched to set things right in every
`kind of weather.
`All told, the more you know about
`how cable works, the harder it is to take
`it for granted.
`I
`
`Next month, “Changing Channels”
`presents the first of two installments
`covering the cable programming scene.
`
`0
`
`..
`
`, Geostationary satellite: One that is
`placed in orbit 22,300 miles above the
`Equator so that it remains above the same
`spot on the earth’s surface.
`
`I-lead End (sometimes I-Ieadend):
`Electronic control center of a cable system
`- at which TV signals are collected and sent
`on to subscribers.
`
`Homes Passed: The total number of
`homes a cable system is able to serve.
`' Interactive cable: A system that can
`carry signals both to and from subscribers.
`
`.
`
`V
`
`, lnterconnnection: A link between the
`head ends of two or more cable systems,
`usually by microwave, so that subscribers
`'2 to different systems can share the same
`programming simultaneously.
`‘ Leased Channels: Those made avail-
`. able by cable operators for a fee.
`
`_
`
`Local Origination channels: Those
`that carry programming produced by an
`‘ individual cable system for the community
`it serves. Unlike access channels, they are
`under the operator’s exclusive control.
`
`' MDS (llultipoint Distribution Sor-
`vico): A method of sending TV signals via
`a form of microwave that beams the sig-
`nals a short distance in all directions. It is
`frequently used by pay services to send
`pro
`' g to hotels or to individual
`homes that are not connected to cable.
`Microwave: A high
`frequency
`electro-
`magnetic wave used,
`among
`other
`pur-
`poses,
`to relay tele-
`vision
`signals
`over
`long distances via a
`series
`of
`regularly
`spaced antennas.
`
`V
`
`'
`
`\
`
`STV (Subscription TV): Delivery of
`pay television programs by over-the-air
`Mso (Multiple systems Operator):
`broadcasting or MDS. The subscriber
`' A company that owns more than one cable »
`usually is provided with a decoder to un-
`‘ system.
`, scramble the programs.
`Narrowcasting: Providing program-
`ming for a specific interest group rather
`than for a mass audience.
`
`Subscriber: A person who pays a fee,
`usually monthly, for cable services.
`
`NGTA (National cable Television
`Association): The major trade associa-
`tion of the cable television industry, char-
`tered in 1952 with headquarters
`in
`Washington, D.C.
`ON CABLE Awards: ON CABLE
`Magazine’s special recognition for out-
`standing cable programs and person-
`alities, voted on annually by its readers.
`Operator: The person or company own-
`ing_a cable system.
`
`Pay cable: Premium services, such as
`HBO or Showtime, that cost subscribers
`an additional fee to receive.
`
`Pay-Per-View: A form of pay cable in
`which a subscriber is charged a separate
`fee to see an individual program.
`
`Penetration: The percentage of total
`households in a franchise area that are
`hooked up to cable.
`
`Premium channels: Optional channels
`for which a subscriber pays an additional
`fee. (Also known as pay channels.)
`
`Programmer: Company providing pro- —
`grams to cable systems.
`Public Access: The right, ofi.en man-
`dated in a franchise agreement, of mem-
`bers of the community to put their own
`programs on a cable system on a non-dis-
`criininatory basis.
`
`(lube: Warner Amex’s two-way cable
`system first installed in Columbus, Ohio,
`in 1977 and since spread to other Warner
`Amex franchise areas.
`
`Satellite Service: Any channel deliv-
`ered to cable systems by a communica-
`tions satellite.
`
`Superslaiion: A conventional TV stai
`tion whose programming is made avail-
`able to cable systems around the country
`by satellite. The first was WTBS in At-
`lanta, which became a superstation in
`1976.
`
`‘
`
`Tier: A level of program service, ‘usually »
`beginning with a basic tier that comes to
`_ the subscriber at no additional cost. Each ,
`tier added on to that provides more chan-
`nels and services at a higher fee.
`
`Transponder: The element on a com-
`munications satellite that receives and
`1. There are 24 tra.nspon- 3
`transmits a sigiia
`ders on the newer satellites, allowing each
`satellite to distribute 24 channels of cable .,
`programming simultaneously.
`_
`
`Trunk: A cable sys- '
`tem’s main
`line,
`stretching from the
`head end to the limits
`of the franchise area.
`
`_
`
`TVIIO (Television Receive Only):
`.An earth station that can only serve as a
`downlink.
`
`Two-Way cable: See “Interactive
`Cable.”
`Ill-IF: (ultrahigh Frequency): That,
`part of the electromagnetic spectrum be-
`tween 470 megahertz and 890 megahertz.
`The UHF chaimels are 14 through 83.
`
`Uplink: Earth station that sends TV sig-
`nals to a satellite.
`-
`Upstream: The flow ofsignals
`ailcable
`system from subscribers to the head end.
`VHF (Very High Frequency): That
`part of the electromagnetic spectrum be-
`ertz and 216 megahertz.
`tween 54 megah
`The VHF channels are 2 through 13.
`
`Videoiex: The umbrella term for infor-
`mation delivery systems, such as teletext
`and viewdata, that are transmitted via TV
`signals and displayed on TV screens.
`
`IQ‘
`
`V.
`
`_
`
`"-“l‘-'-‘-“V 1982 '-" "»' °lF. - ?7
`
`

`
`ii.'s. nepnnrmsnrr or commence
`Patent and Trademark Office
`
`
`
`
`
`IN REPLY REFER TO THE FOLLOWING AND THE FILING DATE:
`
` 5. PAPER No.
`
`ADDRESS
`
`fi. SER. No.
`2. MARK
`
`
`262 998
`S IREHAX
`COMMISSIONER OF
`
`
`
`PATENTS
`
`
`AND TRADEMARKS
`6. MAILING DATE
`WASHINGTON, D C. 20231
`AND
`
`|_h__,,1H.
`
`
`
`
`
`3_ App'L|C‘AN-f
`.§i0H£'B8X {lFF::I€Ev
`
`INC.
`
`
`
`
`
`
`FURNISH YOUR ZIP CODE
`AND TELEPHONE
`NUMBER IN ALL
`CORRESPONDENCE
`
`
`
`? 4.,ADDREASS R
`
`A
`
`R
`
`ELDER? ROBIN K ERNES3’ R. BR’E?IDE’L
`12I.0.2.MI£NlJ£ OF IHE AKERECAS
`-$'l’i13’E » 220 .
`HE! Y,i1Rl§r'N‘£H YORK 10.020
`-
`910.1293 U.S.DEPT.OF COMM.PaI&TM omce
`
`1. Applicant’s request for suspension of action by this Office is granted. Action is suspended for
`months from the date of a mailing of this communication.
`
`2.
`
`Action on this application is suspended pending the termination of
`Cancellation No(s).
`
`
`
`__ Civil Action No(s).
`(: Opposition No(s).
`
`(Annual inquiry
`When the proceeding(s) is terminated, applicant, if a party thereto, should advise the Examiner.
`may be made as to the status of the inter partes proceeding; failure to respond may result in removal from
`suspension.)
`
`{j
`
`3.
`
`DE
`
`4.
`5.
`
`Action on this application is suspended pending receipt of a certification or certified copy of the
`registration in the country of origin of the applicant.
`If the registration is in a foreign language,
`an English translation thereof should be submit

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