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Marks Published for Opposition

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MARKS PUBLISHED FOR OPPOSITION The following marks are published in compliance with section 12(a) of the Trademark Act of 1946. Applications for the registration of marks in more than one class have been filed as provided in section 30 of said act as amended by Public Law 772, 87th Congress, approved Oct. 9, 1962, 76 Stat. 769. Opposition under section 13 may be filed within thirty days of the date of this publication. See rules 2.101 to 2.105. A separate fee of two hundred dollars for opposing each mark in each class must accompany the opposition. SECTION 1.— INTERNATIONAL CLASSIFICATION The short titles associated below with the international class numbers are terms designed merely for quick identification and are not an official part of the international classification. The full names of international classes are given in section 6.1 of the trademark rules of practice. The designation ‘‘U.S. Cl.’’ appearing in this section refers to the U.S. class in effect prior to Sep. 1, 1973 rather than the international class which applies to applications filed on or after that date. For adoption of international classification see notice in the OFFICIAL GAZETTE of Jun. 26, 1973 (911 O.G. TM 210). Application in more than one class SN 74-479,946. HEALTH INTERNATIONAL CORPORATION, CLASS 9—ELECTRICAL AND SCIENTIFIC ST. PETERSBURG, FL. FILED 1-18-1994. APPARATUS FOR APPARATUS FOR THE RECORDING, THE TRANSMISSION AND/OR THE REPRODUCTION OF SOUND OR IMAGES, NAMELY, RECORD PLAYERS, ELECTRONIC BOOK PLAYERS, AUDIO AND VIDEO DISC PLAYERS, OPTICAL DISC PLAYERS, AUDIO AND VIDEO TAPE RECORDERS, TELEPHONES, TELE- PHONE ANSWERING MACHINE RECORDERS, TELE- PHONIC EAR PHONES, TELEPHONIC CABLES AND TELEPHONE TRANSMITTERS, TELESCRIPTORS, ALL FOR USE IN THE FIELD OF COMMUNICATION OF OWNER OF U.S. REG. NOS. 1,917,569, 2,535,137 AND INFORMATION; COMPUTER SOFTWARE CONTAIN- OTHERS. ING DATA BASES RELATING TO BUSINESS INFOR- THE STIPPLING SHOWN IN THE DRAWING IS A MATION AND BUSINESS MARKETING FEATURE OF THE MARK AND IS NOT INTENDED TO INFORMATION; RECORDED DATA OPERATING AP- INDICATE COLOR. PARATUS, NAMELY, COMPUTERS AND DATA PRO- SEC. 2(F) AS TO "AMERICA’S PERSONAL TRAINER". CESSORS; DATA PROCESSORS AND PARTS THEREOF AND COMMUNICATION APPARATUS AND EQUIP- MENT, NAMELY, COMPUTER TERMINALS AND COM- CLASS 9—ELECTRICAL AND SCIENTIFIC PUTERS (U.S. CLS. 21, 23, 26, 36 AND 38). APPARATUS FOR PRERECORDED VIDEO AND AUDIO CASSETTE TAPES FEATURING EXERCISE INSTRUCTION AND FITNESS TRAINING (U.S. CL. 36). CLASS 16—PAPER GOODS AND PRINTED CLASS 25—CLOTHING MATTER FOR FITNESS APPAREL, NAMELY, SHIRTS, SHORTS, FOR PRINTED MATTER, NAMELY, NEWSPAPERS, PANTS, SWEATPANTS, SWEATSHIRTS, AND HATS MAGAZINES, BOOKS, BOOKLETS, ALL FEATURING (U.S.CLS.22AND39). DIVERSE SUBJECT MATTER FOR USE IN THE FIELD OF COMMUNICATION OF INFORMATION; PRODUCTS OF PRINTING, NAMELY, POSTERS, ALBUMS, ALMA- CLASS 28—TOYS AND SPORTING GOODS NACS, CATALOGS, PRINTED TIME PLANNERS, BRO- CHURES, LEAFLETS, DATA BOOKS, ADDRESS BOOKS, FOR EXERCISE EQUIPMENT, NAMELY DUAL AC- MAPS, INVITATION CARDS, VISITING CARDS, POST- TION TREADMILLS, AIR RESISTANCE AND RECUM- CARDS, TICKETS, SIGNS OF PAPER OR CARDBOARD, BENT STATIONARY BICYCLES, STEPPERS, MINI- LABELS, PACKINGS, POUCHES, PAPER TAPES OR STEPPERS,ANDSKIERS(U.S.CLS.22,23,38AND50). CARDS FOR COMPUTER PROGRAM RECORDING, AND PRINTED INSTRUCTIONAL AND TEACHING MATERIAL FOR USE IN THE FIELD OF COMMUNICA- TION OF INFORMATION (U.S. CLS. 2, 5, 22, 23, 29, 37, 38 AND 50). SN 74-731,964. EUREDIT S.A., 75008 PARIS, FRANCE, FILED 9-6-1995. EURONLINE CLASS 35—ADVERTISING AND BUSINESS PRIORITY CLAIMED UNDER SEC. 44(D) ON FRANCE FOR BUSINESS INFORMATION SERVICES IN THE APPLICATION NO. 95/562662, FILED 3-14-1995, REG. NO. 95/ FIELD OF TELECOMMUNICATIONS (U.S. CLS. 100, 101 562662, DATED 3-14-1995, EXPIRES 3-14-2005. AND 102). TM 1 TM 2 OFFICIAL GAZETTE FEB 3, 2004 CLASS 38—COMMUNICATION CLASS 9—ELECTRICAL AND SCIENTIFIC FOR TELECOMMUNICATIONS SERVICES, NAMELY, APPARATUS COMMUNICATION OF INFORMATION, DATA, MES- FOR PRE-RECORDED MAGNETIC, MAGNETO-OPTI- SAGES AND DOCUMENTS BY MEANS OF DIVERSE CAL AND OPTICAL CARRIERS FOR SOUND, IMAGE MEDIA, COMMUNICATION BY COMPUTER TERM- AND/OR DATA NAMELY, COMPACT DISCS, CD-ROM- INALS, RADIOPHONIC COMMUNICATION, TELE- S,INTERACTIVE COMPACT DISCS (CD-I’S), DIGITAL GRAPHIC COMMUNICATION, TELEPHONIC VERSATILE DISCS (DVD’S), MEMORY CARDS, VIDEO COMMUNICATION, TRANSMISSION OF MESSAGES, CASSETTES, AUDIO CASSETTES, AND VIDEO AND ELECTRONIC DATA TRANSMISSION, TRANSMISSION AUDIO DISCS, ALL FEATURING MUSIC AND MUSIC OF MESSAGES BY COMPUTER, TRANSMISSION BY PERFORMANCE; PREPAID TELEPHONE CALLING TELECOPIER, TRANSMISSION BY TELEGRAMS, TEL- CARDS, MAGNETICALLY ENCODED; MOUSE PADS; EX SERVICES; PRESS AGENCY AND NEWS AGENCY SPECTACLES AND SUNGLASSES; SPECTACLE CASES; SERVICES, NAMELY, THE TRANSMISSION AND DIS- UNITS OF CONSUMER ELECTRONICS, NAMELY TEL- SEMINATION OF NEWS, INCLUDING THE COLLEC- EVISION SETS, RADIOS, VIDEO TAPE RECORDERS, TION OF SUCH NEWS; PROVIDING REMOTE ACCESS VIDEO DISC PLAYERS, HI-FI APPARATUS NAMELY, TO AN INTERACTIVE COMPUTER DATA BASE IN THE STEREOS, AMPLIFIERS AND STEREO RECEIVERS,- FIELD OF COMMUNICATION OF INFORMATION (U.S. COMPACT DISC PLAYERS; RECORD PLAYERS, VIDEO CLS. 100, 101 AND 104). AND AUDIO CASSETTE RECORDERS, MULTIMEDIA COMPUTERS; DATA BANKS NAMELY, DIGITAL AND ANALOG AUDIO AND VIDEO FILES OF MUSIC AND MUSIC PERFORMANCE AND DATA CONCERNING MUSIC INDUSTRIES, DOWNLOADABLE, OR RE- CORDED ON COMPUTER MEDIA, AUDIO TAPE OR VIDEO TAPE; COMPUTER SOFTWARE NAMELY, SOFTWARE FOR MANIPULATING DIGITAL AUDIO AND VIDEO FILES; FIRMWARE NAMELY, MEMORY CARDS AND COMPUTER FIRMWARE FOR OPERAT- ING COMPUTER INFORMATION NETWORKS; COM- PUTER SOFTWARE NAMELY, SOFTWARE FOR OPERATING COMPUTER INFORMATION NETWORKS; SN 75-601,732. FAMOUS PLAYERS INC., TORONTO, ON- DOWNLOADABLE ELECTRONIC PUBLICATIONS, TARIO M5S 1P3, CANADA, FILED 12-8-1998. NAMELY, BOOKS, JOURNALS AND MAGAZINES, FEA- TURING INFORMATION ABOUT MUSIC, MUSIC PER- FORMANCES AND MUSIC INDUSTRIES (U.S. CLS. 21, 23, 26, 36 AND 38). COLOSSUS CLASS 38—COMMUNICATION FOR TELEVISION BROADCASTING AND TRANSMIS- PRIORITY CLAIMED UNDER SEC. 44(D) ON CANADA SION; CABLE TELEVISION BROADCASTING AND APPLICATION NO. 885706, FILED 7-28-1998, REG. NO. TRANSMISSION; INTERNET TELEVISION BROAD- TMA575923, DATED 2-19-2003, EXPIRES 2-19-2018. CASTING AND TRANSMISSION; RADIO BROADCAST- ING AND TRANSMISSION; CABLE RADIO BROADCASTING AND TRANSMISSION; INTERNET CLASS 35—ADVERTISING AND BUSINESS RADIO BROADCASTING AND TRANSMISSION; ELEC- TRONIC, ELECTRIC, AND DIGITAL TRANSMISSION FOR REFRESHMENT STANDS AND CONCESSION OF VOICE, DATA, IMAGES, SIGNALS AND MESSAGES; STANDS IN MOVIE THEATRES FEATURING SOFT BROADCASTING PROGRAMS VIA A GLOBAL COMPU- DRINKS, MILK, COFFEE, TEA, BOTTLED WATER, TER NETWORK; STREAMING OF AUDIO AND VIDEO ALCOHOLIC BEVERAGES, CONFECTIONS, POPCORN MATERIAL ON THE INTERNET IN THE FIELDS OF AND SOUVENIRS (U.S. CLS. 100, 101 AND 102). MUSIC, MUSIC PERFORMANCES AND MUSIC INDUS- TRIES; PROVIDING MULTIPLE-USER ACCESS TO A GLOBAL COMPUTER NETWORK (U.S. CLS. 100, 101 CLASS 41—EDUCATION AND ENTERTAIN- AND 104). MENT FOR MOVIE THEATRES (U.S. CLS. 100, 101 AND 107). CLASS 41—EDUCATION AND ENTERTAIN- MENT FOR MOTION PICTURE FILM, AUDIO, VIDEO AND TELEVISION PRODUCTION;ENTERTAINMENT SER- VICES, NAMELY, PROVIDING ON-LINE DATABASES OF AUDIO AND VIDEO RECORDINGS OF MUSIC AND MUSIC PERFORMANCES AND ENTERTAINMENT IN- FORMATION CONCERNING MUSIC INDUSTRIES; EN- TERTAINMENT SERVICES, NAMELY, PROVIDING A WEBSITE ON A GLOBAL COMPUTER NETWORK FEA- SN 75-729,319. WESTDEUTSCHER RUNDFUNK KOLN TURING ELECTRONICALLY DISPLAYABLE TEXT, ANSTALT DES OFFENTLICHEN RECHTS, D-50667 GRAPHICS, VIDEO AND AUDIO FILES OF RECORDED KOLN, FED REP GERMANY, FILED 6-11-1999. MUSIC AND MUSIC PERFORMANCES AND ENTER- TAINMENT INFORMATION CONCERNING MUSIC, MUSIC PERFORMANCES AND MUSIC INDUSTRIES; ELECTRONIC PUBLISHING SERVICES NAMELY, PUB- LICATION OF AUDIO AND VISUAL WORKS OF OTHERS ON MAGNETIC, MAGNETO-OPTICAL, OPTI- ROCKPALAST CAL AND ELECTRONIC DATA CARRIERS FEATUR- ING MUSIC, MUSIC PERFORMANCES AND INFORMATION CONCERNING MUSIC INDUSTRIES; PUBLICATION OF PRINTED MATTER, NAMELY BOOKS, MAGAZINES AND SHEET MUSIC, ALL IN OWNER OF ERPN CMNTY TM OFC REG. NO. 607614, THE FIELD OF MUSIC, MUSIC PERFORMANCES, DATED 2-2-1999, EXPIRES 8-5-2007. AND MUSIC INDUSTRIES; ORGANIZATION OF LIVE FEB 3, 2004 U.S. PATENT AND TRADEMARK OFFICE TM 3 CONCERT, THEATER, AND ENTERTAINMENT PER- SN 75-876,197. GREAT CANADIAN RAILTOUR COMPANY FORMANCES IN THE FIELD OF POP MUSIC NAMELY, LTD., VANCOUVER, BRITISH COLUMBIA, CANADA, THE PRODUCTION OF SAME AND ARRANGING FOR FILED 12-21-1999. TICKET RESERVATIONS FOR SAME; ORGANIZATION OF EDUCATIONAL AND ENTERTAINMENT CONFER- ENCES, SEMINARS, TRAINING, SYMPOSIA, PAINTING EXHIBITIONS AND LECTURES IN THE FIELD OP MUSIC, MUSIC PERFORMANCES AND MUSIC INDUS- TRIES; SCHEDULING PROGRAMMING OP TELEVI- SION, RADIO, AND INTERNET BROADCASTS; PHOTOGRAPHY OF MUSIC PERFORMANCES AND MUSICIANS (U.S. CLS. 100, 101 AND 107). CLASS 42—SCIENTIFIC,COMPUTER AND LEGAL SERVICES FOR COMPUTER SOFTWARE DESIGN FOR OTHERS; GRAPHICS ART DESIGN FOR OTHERS; NEWS AGEN- PRIORITY CLAIMED UNDER SEC. 44(D) ON CANADA CIES, NAMELY, GATHERING AND DISSEMINATION APPLICATION NO. 1037163, FILED 11-23-1999, REG. NO. OF NEWS; COMPUTER SERVICES, NAMELY, PRODUC- 553069, DATED 10-29-2001, EXPIRES 10-29-2016. TION AND DESIGN OF ON-LINE COMPUTER DATA- BASES FOR OTHERS IN THE FIELDS OF MUSIC, MUSIC PERFORMANCES AND INFORMATION CON- CLASS 9—ELECTRICAL AND SCIENTIFIC CERNING MUSIC INDUSTRIES;
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    Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K ☑ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2005 Commission file number 1-10962 Callaway Golf Company (Exact name of registrant as specified in its charter) Delaware 95-3797580 (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) 2180 Rutherford Road Carlsbad, CA 92008 (760) 931-1771 (Address, including zip code, and telephone number, including area code, of principal executive offices) Securities registered pursuant to Section 12(b) of the Act: Title of each class Name of each exchange on which registered Common Stock, $.01 par value per share New York Stock Exchange Preferred Share Purchase Rights Securities registered pursuant to Section 12(g) of the Act: None Indicate by check mark if the Registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes ☑ No ☐ Indicate by check mark if the Registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes ☐ No ☑ Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the Registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes ☑ No ☐ Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of Registrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K.
  • In the United States District Court for the Eastern District of Pennsylvania

    In the United States District Court for the Eastern District of Pennsylvania

    Case 2:09-cv-02454-MMB Document 88 Filed 02/05/10 Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GREENKEEPERS OF DELAWARE, LLC : CIVIL ACTION and GREENKEEPERS, INC., : : Plaintiffs, : NO. 07-2419 v. : SOFTSPIKES, LLC, and PRIDE : MANUFACTURING, LLC, : : Defendants. : GREENKEEPERS, INC. and : CIVIL ACTION GREENKEEPERS OF DELAWARE, LLC, : : Plaintiffs, : NO. 09-2454 v. : TAYLOR MADE GOLF COMPANY, INC.,: CALLAWAY GOLF COMPANY, and : ECCO USA, INC., : : Defendants. : MEMORANDUM ON CLAIM CONSTRUCTION Baylson, J. February 5, 2010 I. Introduction Plaintiffs Greenkeepers, Inc. and Greenkeepers of Delaware, LLC (collectively, “Greenkeepers” or “Plaintiffs”), allege, inter alia, that Softspikes, LLC (“Softspikes”), Pride Manufacturing, LLC (“Pride”), Taylor Made Golf Company, Inc. (“Taylor Made”), Callaway Golf Company (“Callaway”), and ECCO USA, Inc. (“ECCO,” collectively with Softspikes, Pride, Taylor Made, and Callaway, “Defendants”) infringed upon Greenkeepers’ U.S. Reissued Patent Number RE40, 047 (filed Mar. 11, 2004) (“‘047 Patent”) on small removable golf cleats by selling golf cleats purportedly covered by the ‘047 Patent. Presently before the Court are the parties’ briefs on claim construction pursuant to Markman v. Westview Instruments, Inc., 52 Case 2:09-cv-02454-MMB Document 88 Filed 02/05/10 Page 2 of 26 F.3d 967 (Fed. Cir.1995) (en banc), aff'd 517 U.S. 370. On January 21, 2010, the Court heard oral argument on claim construction. II. Legal Standard Generally, a claim term is given its “ordinary and customary meaning,” that being the definition given by “a person of ordinary skill in the art in question at the time of the invention.” Phillips v.