Offc Action Outgoing

THE MERLIN SPLITTER

Sommerville Design & Manufacturing Inc.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO: 76/477238

 

    APPLICANT:                          Sommerville Design & Manufacturing Inc.

 

 

        

 

    CORRESPONDENT ADDRESS:

    BRUCE A. TASSAN

    TASSAN LAW FIRM

    4143 27TH STREET NORTH

    ARLINGTON, VIRGINIA 22207-5211

   

RETURN ADDRESS: 

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

 

 

 

 

    MARK:          THE MERLIN SPLITTER

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   N/A

 

    CORRESPONDENT EMAIL ADDRESS: 

 

Please provide in all correspondence:

 

1.  Filing date, serial number, mark and

     applicant's name.

2.  Date of this Office Action.

3.  Examining Attorney's name and

     Law Office number.

4. Your telephone number and e-mail address.

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/477238

 

This letter responds to the applicant’s communication filed on January 14, 2004.

 

The potential refusal under Trademark Act Section 2(d) is withdrawn.  The amended identification of goods and disclaimer are accepted.

 

LIKELIHOOD OF CONFUSION

Registration was refused under Trademark Act Section 2(d), 15 U.S.C. §1052(d), because the mark for which registration is sought so resembles the mark shown in U.S. Registration No. 1929250 as to be likely, when used on or in connection with the identified goods/services, to cause confusion, or to cause mistake, or to deceive.

 

The examining attorney has considered the applicant’s arguments carefully but has found them unpersuasive.  For the reasons below, the refusal under Section 2(d) is maintained and made FINAL.

 

The applicant has applied to register the mark THE MERLIN SPLITTER for “power tool accessory kits, namely, splitter kits for use with power-operated table saws consisting of splitter plates, mounting brackets, and adapter plates.”

 

The registered mark is MERLIN TOOL for hand tools, namely screwdrivers, spanners, pliers, and hammers.

 

It is a general rule that likelihood of confusion is not avoided between otherwise confusingly similar marks merely by adding or deleting a house mark or matter that is descriptive or suggestive of the named goods or services.  Sometimes the rule is expressed in terms of the dominance of the common term.  Therefore, if the dominant portion of both marks is the same, then confusion may be likely notwithstanding peripheral differences.  See, e.g., Hewlett-Packard Co. v. Packard Press Inc., 281 F.3d 1261, 62 USPQ2d 1001 (Fed. Cir. 2002) (even though applicant's mark PACKARD TECHNOLOGIES (with "TECHNOLOGIES" disclaimed) does not incorporate every feature of opposer's HEWLETT PACKARD marks, similar overall commercial impression is created); In re El Torito Restaurants Inc., 9 USPQ2d 2002 (TTAB 1988) (MACHO COMBOS (with “COMBOS” disclaimed) held likely to be confused with MACHO (stylized), both for food items as a part of restaurant services); In re Computer Systems Center Inc., 5 USPQ2d 1378 (TTAB 1987) (CSC ADVANCED BUSINESS SYSTEMS for retail computer stores held likely to be confused with CSC for computer time sharing and computer programming services); In re Equitable Bancorporation, 229 USPQ 709 (TTAB 1986) (RESPONSE held likely to be confused with RESPONSE CARD (with “CARD” disclaimed), both for banking services); In re The U.S. Shoe Corp., 229 USPQ 707 (TTAB 1985) (CAREER IMAGE (stylized) for clothing held likely to be confused with CREST CAREER IMAGES (stylized) for uniforms); In re Apparel Ventures, Inc., 229 USPQ 225 (TTAB 1986) (SPARKS BY SASSAFRAS (stylized) for clothing held likely to be confused with SPARKS (stylized) for footwear); In re Corning Glass Works, 229 USPQ 65 (TTAB 1985) (CONFIRM for a buffered solution equilibrated to yield predetermined dissolved gas values in a blood gas analyzer held likely to be confused with CONFIRMCELLS for diagnostic blood reagents for laboratory use); In re Energy Images, Inc., 227 USPQ 572 (TTAB 1985) (SMART-SCAN (stylized) for optical line recognition and digitizing processors held likely to be confused with SMART for remote data gathering and control systems); In re Riddle, 225 USPQ 630 (TTAB 1985) (RICHARD PETTY’S ACCU TUNE and design for automotive service stations held likely to be confused with ACCUTUNE for automotive testing equipment); In re Denisi, 225 USPQ 624 (TTAB 1985) (PERRY’S PIZZA held likely to be confused with PERRY’S, both for restaurant services); In re Collegian Sportswear Inc., 224 USPQ 174 (TTAB 1984) (COLLEGIAN OF CALIFORNIA and design (with “CALIFORNIA” disclaimed) held likely to be confused with COLLEGIENNE, both for items of clothing); In re Pierre Fabre S.A., 188 USPQ 691 (TTAB 1975) (PEDI-RELAX for foot cream held likely to be confused with RELAX for antiperspirant).  TMEP section 1207.01(b)(iii). 

 

Here, the wording TOOL in the registered mark is generic for the goods which are tools and thus does not serve to indicate the source of the goods.  The wording SPLITTER in the applicant’s mark is also highly descriptive or generic for the applicant’s splitter kits.  Thus the parties’ marks share the common dominant wording MERLIN which creates a similar commercial impression between the marks. 

 

The test of likelihood of confusion is not whether the marks can be distinguished when subjected to a side‑by‑side comparison.  The issue is whether the marks create the same overall impression. Visual Information Institute, Inc. v. Vicon Industries Inc., 209 USPQ 179 (TTAB 1980).  The focus is on the recollection of the average purchaser who normally retains a general rather than specific impression of trademarks.  Chemetron Corp. v. Morris Coupling & Clamp Co., 203 USPQ 537 (TTAB 1979); Sealed Air Corp. v. Scott Paper Co., 190 USPQ 106 (TTAB 1975); TMEP §1207.01(b).  The parties’ marks create the same commercial impression of the legendary figure Merlin.  This impression is further supported by the figure on the applicant’s packaging specimen.

 

The goods/services of the parties need not be identical or directly competitive to find a likelihood of confusion.  They need only be related in some manner, or the conditions surrounding their marketing be such, that they could be encountered by the same purchasers under circumstances that could give rise to the mistaken belief that the goods/services come from a common source.  In re Martin’s Famous Pastry Shoppe, Inc., 748 F.2d 1565, 223 USPQ 1289 (Fed. Cir. 1984); In re Corning Glass Works, 229 USPQ 65 (TTAB 1985); In re Rexel Inc., 223 USPQ 830 (TTAB 1984); Guardian Products Co., Inc. v. Scott Paper Co., 200 USPQ 738 (TTAB 1978); In re International Telephone & Telegraph Corp., 197 USPQ 910 (TTAB 1978).  TMEP §1207.01(a)(i).  The parties’ goods both consist of tools which are sold together in the same channels of trade and encountered together by consumers in need of tools.  The similarities between the goods are demonstrated by the attached representative evidence.

 

The applicant argued that the goods are different.  However, the fact that the goods or services of the parties differ is not controlling in determining likelihood of confusion.  The issue is not likelihood of confusion between particular goods or services, but likelihood of confusion as to the source of those goods or services.  See In re Rexel Inc., 223 USPQ 830, 831, (TTAB 1984), and cases cited therein; TMEP §§1207.01 et seq.

 

The examining attorney must consider any goods or services in the registrant’s normal fields of expansion to determine whether the registrant’s goods or services are related to the applicant’s identified goods or services under Section 2(d).  In re General Motors Corp., 196 USPQ 574 (TTAB 1977).  TMEP §1207.01(a)(v). 

 

The applicant has argued that the purchasers of the goods are sophisticated.  The fact that purchasers are sophisticated or knowledgeable in a particular field does not necessarily mean that they are sophisticated or knowledgeable in the field of trademarks or immune from source confusion.  See In re Decombe, 9 USPQ2d 1812 (TTAB 1988); In re Pellerin Milnor Corp., 221 USPQ 558 (TTAB 1983).  TMEP §1207.01(d)(vii).  Moreover, the applicant argued that its goods are used by contractors and tradesmen.  These parties are also consumers who would be in need of the registrant’s goods and thus the parties' goods have similar users.

 

The test under Section 2(d) of the Trademark Act is whether there is a likelihood of confusion. It is unnecessary to show actual confusion in establishing likelihood of confusion.  See Weiss Associates Inc. v. HRL Associates Inc., 902 F.2d 1546, 1549, 14 USPQ2d 1840, 1842-43 (Fed. Cir. 1990), and cases cited therein.  TMEP §1207.01(d)(ii). 

 

The examining attorney must resolve any doubt regarding a likelihood of confusion in favor of the prior registrant.  In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 6 USPQ2d 1025 (Fed. Cir., 1988).  TMEP §§1207.01(d)(i). 

 

Options

Applicant may respond to this final action by either:  (1) submitting a timely response that fully satisfies any outstanding requirements, if feasible; (2) timely filing an appeal of this final action to the Trademark Trial and Appeal Board; or (3) timely filing a petition to the Director if permitted by 37 C.F.R. §2.63(b).  37 C.F.R. §2.64(a); TMEP §715.01.  Regarding petitions to the Director, See 37 C.F.R. §2.146 and TMEP Chapter 1700.  If applicant fails to respond within six months of the mailing date of this refusal, the application will be abandoned.  37 C.F.R. §2.65(a).

 

 

 

 

 

/Mary Boagni/

Examining Attorney, Law Office 114

Telephone:  (703) 308-9114 ext. 207

Law Office 114 Fax: (703) 746-8114

 

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

 

 

 

 

 

 

 

 

 

 

 

 

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SEND TO: BOAGNI, MARY                

         TRADEMARK LAW LIBRARY                  

         2101 CRYSTAL PLAZA ARC                 

         MAILBOX 314                            

         ARLINGTON, VIRGINIA 22202-4600
MAIL-IT REQUESTED: MARCH 29, 2004                           10083K

 

        CLIENT:

       LIBRARY: NEWS

          FILE: US

 

YOUR SEARCH REQUEST AT THE TIME THIS MAIL-IT WAS REQUESTED:

 HAND TOOL W/10 POWER TOOL ACCESSORIES

 

NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:

      LEVEL   1...     277

 

LEVEL    1 PRINTED

 

THE SELECTED  STORY NUMBERS:

3,8,14,21,25,27,32-33,36,38-39,42-43,47,57,77,79,93,101-102,104

 

DISPLAY FORMAT: 30 VAR KWIC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEND TO: BOAGNI, MARY

         TRADEMARK LAW LIBRARY

         2101 CRYSTAL PLAZA ARC

         MAILBOX 314

         ARLINGTON VIRGINIA 22202-4600

 

 

 

**********************************02739**********************************



 

 

 

 

Copyright 2004 The Atlanta Journal-Constitution 

The Atlanta Journal-Constitution

 

 

 

February 3, 2004 Tuesday Home Edition

 

 

 

SECTION: Business; Pg. 2D

 

LENGTH: 828 words

 

HEADLINE: Georgia Blue Chips

 

SOURCE: From staff and news services

 

 

 BODY:

 

 

   ... group.

 

   William A. Burke III was appointed head of the new business group, Newell said.

 

   David L. Lumley was named president of Rubbermaid Home Products, and David Walsh was named president of Rubbermaid Food & Beverage.

 

   Irwin makes Irwin  hand tools,  Irwin  power tool accessories,  Lenox cutting tools, Shur-Line paint applicators and BernzOmatic torches.

 

   --- Bloomberg News



 

 

Copyright 2003 Akron Beacon Journal

All Rights Reserved 

Akron Beacon Journal (Ohio)

 

 

August 1, 2003 Friday 4X EDITION

 

 

SECTION: D; Pg. 1

 

LENGTH: 408 words

 

HEADLINE: Newell Rubbermaid profits slump 17%;

Company downgrades year-ahead outlook on poor sales expectations

 

BYLINE: From staff and wire reports

 

 

 BODY:

 

 

   ... Newell's turnaround is progressing far more slowly than we had anticipated,'' Carol Warner, an analyst at Merrill Lynch, wrote in a report. She reduced her rating on Newell to ''sell'' from ''buy.''

 

   The company said total sales have improved because of its Lenox  hand tool   and power tool accessory  acquisition in addition to growth in businesses owned more than a year.

 

   Revenue was $1.98 billion for the quarter, a 4.3 percent increase from $1.9 billion a year ago.

 

   For the full year, the company on Thursday ...



 

 

Copyright 2003 The Greenville News (Greenville, SC)

All Rights Reserved 

The Greenville News (Greenville, SC)

 

 

June 15, 2003 Sunday

 

 

SECTION: UPSTATE BUSINESS; Pg. 4X

 

LENGTH: 626 words

 

HEADLINE: IN BUSINESS

 

BYLINE: Staff

 

 

 BODY:

 

 

   ... development and support. Irwin includes long-time leading professional brands, such as Vise-Grip, Marathon, Quick-Grip, Speedbor, Strait-Line, Unibit and Hanson.

 

   Headquartered in Huntersville, N.C., Irwin is a global manufacturer and distributor of professional grade  hand tools and power tool accessories  for trade professionals.

 

   JDPR will support Irwin's marketing-communications programs, which include strategic planning, public relations program implementation, overall branding efforts as well as Irwin's new product campaign.

 

   + Susan McDonald Gaddy has relocated her law ...



 

 

 

 

Copyright 2003 Crain Communications, Inc. 

Plastics News

 

January 13, 2003, Monday

 

 

SECTION: Pg. 13

 

LENGTH: 917 words

 

HEADLINE: Strong housing market pushes appliances

 

 

 BODY:

 

 

   ... net income before charges hiked 34 percent to $122.9 million.

 

   The housewares giant, already diverse, is branching out even more. The Freemont, Ill., company recently agreed to buy American Saw & Mfg. Co., a major producer of  power tool accessories and hand tools  under the Lenox-brand name. The deal will strengthen Newell Rubbermaid's already big tool-related businesses, American Tool and BenzOmatic. All are part of its Levolor/ Hardware group, which in 2001 logged $1.4 billion in sales.

 

   Newell ...



 

 

Copyright 2002 The Charlotte Observer

All Rights Reserved 

Charlotte Observer (North Carolina)

 

 

December 20, 2002 Friday ONE-THREE EDITION

Correction Appended

 

 

SECTION: BUSINESS; Pg. 1D

 

LENGTH: 573 words

 

HEADLINE: 200 NEW JOBS ON THE WAY;

1 FIRM WILL GROW, 1 WILL RELOCATE

AMERICAN TOOL GROUP TO MOVE FROM CHICAGO

BOSTON GEAR TO EXPAND ITS CHARLOTTE OPERATION

 

BYLINE: ELLISON CLARY, STAFF WRITER

 

 

 BODY:

 

 

   Headquarters for American Tool Group, which includes the  Power Tool   Accessories and Hand Tools  units, will move from Chicago to occupy all 52,000 square feet in a two-story building in Northpoint Business Park. Additionally, the units have leased 20,800 square feet in a building on the opposite side of the ...

 

   ... buildings in northern Mecklenburg County, with about 50 relocating from the Chicago area. Some research and development employees also will be housed in the 20,800 square foot building that will include tool demonstration venues, she said.

 

   American Tool makes  power tool accessories and hand tools,  many under the Irwin brand, Gilbert said. Based in Freeport, Ill., Newell Rubbermaid reported $7 billion in sales in 2001 and bought American Tool Companies Inc. in April.

 

   Jerry Cox, Huntersville town ...

 

CORRECTION-DATE: December 24, 2002

 

 CORRECTION:

The following correction ran on December 24, 2002: A story in Friday's Observer about the creation of 200 local jobs next year could have left the impression that Lowe's Home Improvement Warehouse is building a retail store in Mooresville. It's building an administrative office complex.



 

 

 

 

Copyright 2002 The Atlanta Journal-Constitution 

The Atlanta Journal-Constitution

 

 

 

November 23, 2002 Saturday Home Edition

 

 

 

SECTION: Business; Pg. 2G

 

LENGTH: 1682 words

 

HEADLINE: Daily Briefing

 

SOURCE: From staff and news services

 

 

 BODY:

 

 

   ... growing apparel brand, and the Victoria's Secret lingerie and beauty chain.

 

   Newell to buy American Saw

 

   Freeport, Ill. --- Newell Rubbermaid, the maker of housewares, agreed to buy closely held American Saw & Mfg. Co. for $450 million to expand its  power-tool    accessories and hand-tools  businesses. American Saw, the maker of Lenox utility knives, had sales of $185 million in 2001, Freeport-based Newell said. This is the second tool purchase this year by Chief Executive Joseph Galli, the former Black & Decker Corp. executive ...



 

 

Copyright 2002 Rockford Register Star (Rockford, IL)

All Rights Reserved 

Rockford Register Star (Rockford, IL)

 

 

November 23, 2002 Saturday

 

 

SECTION: BUSINESS; Pg. 1E

 

LENGTH: 343 words

 

HEADLINE: Newell to acquire firm for $450M

 

BYLINE: Georgette Braun, Staff

 

 

 BODY:

 

 

   American Saw, based in East Longmeadow, Mass., was founded in 1915 and employs more than 800 people worldwide. It makes  power tool accessories and   hand tools,  including jigsaw blades, drill bits, hacksaws and utility knives.

 

   Before coming to Newell, CEO Joseph Galli was president of Black & Decker's power tools division.

 

   Newell Rubbermaid is the only Fortune 500 company based in the Rock River ...

 

   ... Newell has purchased two companies a year. That was the case until 1999, when Newell bought Rubbermaid, a company that was bigger than Newell's usual acquisitions and therefore more cumbersome to incorporate.

 

   The acquisition of American Saw is Newell Rubbermaid's second purchase this year of a  power tool accessories and hand tools  business. In April, the company bought American Tool Companies, which makes such hand tools as Vise-Grip.

 

   "By uniting the strengths of American Saw with our American Tool business, we are well-positioned to take full advantage of the combination's powerful synergies across the ...



 

 

 

Copyright 2002 FactSet Mergerstat, LLC

 

FactSet Flashwire

 

 

 

 

November 22, 2002 Friday

 

 

LENGTH: 106 words

 

HEADLINE: Newell Rubbermaid Inc agreed to acquire American Saw & Manufacturing Co

 

 

 BODY:

 

 

   This deal marks the second acquisition of a  power tool accessories and hand    tools  business for Newell Rubbermaid Inc. The acquisition was structured as a purchase of assets in order to achieve goodwill deduction for tax purposes, and it is expected to contribute $0.04 to Newell Rubbermaid 2003 earnings per share.The financial ...



 

 

 

 

Copyright 2002 Paddock Publications, Inc. 

Chicago Daily Herald

 

May 7, 2002, Tuesday F1,F2,F3,M1

 

 

 

SECTION: BUSINESS; Local Focus; Pg. 1

 

LENGTH: 162 words

 

 

 BODY:

 

 

   ... Heights-based sector said. Motorola has Elgin operations. 

 

   Newell creates 2 units for new tool business 

 

   FREEPORT - Newell Rubbermaid Inc. is creating two divisions of its newly acquired American Tool business to focus on sales of  hand tools and power-tool    accessories  in North America, Bloomberg News reported Monday. Jon Chamberlain, 40, was named president of the North American  hand-tools  unit and David Walsh, 36, was named president of  power-tools accessories. 



 

 

Copyright 2002 Rockford Register Star (Rockford, IL)

All Rights Reserved 

Rockford Register Star (Rockford, IL)

 

 

May 2, 2002 Thursday

 

 

SECTION: BUSINESS; Pg. 1B

 

LENGTH: 327 words

 

HEADLINE: Newell quarterly loss at $463.9M

 

BYLINE: Georgette Braun, Staff

 

 

 BODY:

 

 

   ... Shares rose 78 cents to close Wednesday at $32.18. The 52-week range is $20.50 to $34.40.

 

   Newell Rubbermaid this week completed a $419 million deal to buy American Tool Companies, maker of Vise-Grip pliers and other  hand tools and power tool    accessories.

 

   Contact: gbraun£smtp.registerstar tower.com; (815) 987-1343



 

 

 

Copyright 2002 Chicago Tribune Company

Chicago Tribune

 

 

 

 

May 1, 2002 Wednesday 

NORTH SPORTS FINAL EDITION

 

 

 

SECTION: BUSINESS; ZONE: N; THE TICKER. MIDWEST BRIEFS.; Pg. 2

 

LENGTH: 78 words

 

HEADLINE: Newell buys tookmaker

 

BYLINE: From Tribune staff, wire reports

 

 

 BODY:

 

 

   Freeport-based Newell Rubbermaid Inc. said it has completed the purchase of American Tool Companies Inc., a manufacturer of  hand tools and power tool   accessories  in which Newell Rubbermaid had held a 49.5 percent stake. 

 

   The purchase price was $419 million. The acquisition gives Newell Rubbermaid entry into the estimated $10 billion-plus global market for  hand tools and   power tool accessories.  American Tool, based in Puerto Rico, had sales of $444 million last year.



 

 

 

 

Copyright 2002 Investor's Business Daily, Inc. 

Investor's Business Daily

 

March 8, 2002, Friday

 

 

SECTION: A; Pg. 6

 

LENGTH: 823 words

 

HEADLINE: NEW AMERICA REVISITED Deal Helps Manufacturing Giant Bolster Tool Line

 

BYLINE: By ALISON YOUNG, Investor's Business Daily

 

 

 BODY:

   ... it-yourself retailing market, and bolsters our product development capabilities across the high potential hardware and home improvement sectors," Newell Chief Executive Officer Joseph Galli Jr. said in a statement.  The $10 billion market for  hand tools and power tool accessories  is fragmented. The American Tool buy should give Newell a chance to assume a leading market position, Galli added.  The company expects the acquisition to be neutral to 2002 profit and add to 2003 earnings.  American Tool will become part of Newell's ...



 

 

 

 

Copyright 2002 Madison Newspapers, Inc. 

Capital Times (Madison, WI)

 

 

 

March 5, 2002 Tuesday, ALL Editions

 

 

 

SECTION: BUSINESS; MARKET MEMO; Pg. 8C

 

LENGTH: 619 words

 

HEADLINE: CINGULAR ENDS FEES FOR ROAMING, LONG-DISTANCE

 

 

 BODY:

 

 

   ... Office Products of Madison, announced it has agreed to acquire the 50.5 percent of American Tool Companies Inc. that it doesn't already own for about $210 million cash. The deal gives Newell access to the $10 billion market for   hand tools and power-tool accessories.  Including debt, the deal is valued at $419 million.

 

   MILWAUKEE -- Waukesha Electric Systems has cut 70 jobs and may announce more layoffs because of a sudden drop in power transformer sales after the collapse of Enron Corp., company ...



 

 

 

 

Copyright 2002 The San Diego Union-Tribune 

The San Diego Union-Tribune

 

March 5, 2002, Tuesday

 

 

SECTION: BUSINESS;Pg. C-7

 

LENGTH: 197 words

 

HEADLINE: Newell Rubbermaid to buy American Tool

 

BYLINE: BLOOMBERG NEWS

 

 

 BODY:

 

 

   ... buy the 50.5 percent it doesn't own from chief executive Allen Petersen, the grandson of American Tool's founder, and other family members.  American Tool had $443.6 million in sales last year.

 

   Newell is buying American Tool to expand into the  hand tools and power tool    accessory  market, which the company estimates is more than $10 billion a year.

 

   "They have had a modest presence in the business in the past," said analyst Eric Bosshard of Midwest Research Inc., who rates the shares "sell" and doesn't own them.  "It just ...



 

 

Copyright 2001 The Deal L.L.C. 

Daily Deal (New York, NY)

 

 

May 22, 2001 Tuesday

 

 

SECTION: BANKRUPTCIES

 

LENGTH: 482 words

 

HEADLINE: Montana tool maker files for bankruptcy

 

BYLINE: by David Ehrlich

 

 

 BODY:

 

 

   ... company also consolidated the chief financial officer and controller functions, with Mick Quinlivan, formerly controller, assuming those responsibilities. Jore said former finance chief Monte Giese will help transition the company through the reorganization process.

 

   Jore designs and manufactures  power tool accessories and hand tools  for the do-it-yourself and professional craftsman markets, selling products under the licensed Stanley brand, as well as under various private labels, including Sears, The Home Depot and Black & Decker. The company has a primary plant in Ronan, Mont. and ...



 

 

 

 

Copyright 1999 Bell & Howell Information and Learning;

Copyright Missoulian 1999;

Business Dateline; 

Missoulian

 

September 24, 1999

 

 

SECTION: pg A1

 

LENGTH: 358 words

 

HEADLINE: Jore Corp. stock performs well in first-day trading

 

BYLINE: John Stucke

 

DATELINE: Ronan; MT; US; Mountain

 

 

 BODY:

 

 

   ... stock had traded as high as $13.19 per share.

 

   The company wants to raise about $40 million through the stock offering to finance expansion plans and repay debt.

 

   The family-owned company, founded in 1990 by Matthew Jore, makes  power-tool    accessories and hand tools  for home and professional use.

 

   The company has grown quickly this decade, with sales climbing to $44.9 million in 1998. Profits reached $9.7 million.

 

   During Thursday trading, investors bought about 1.14 million shares.

 

   D.A. Davidson, the brokerage ...



 

 

 

 

Copyright 1999 Gannett Company, Inc. 

USA TODAY

 

 

 

September 20, 1999, Monday, FINAL EDITION

 

 

 

SECTION: MONEY; Pg. 9B

 

LENGTH: 461 words

 

HEADLINE: At issue: IPOs this week

 

 

 BODY:

   ... 13  $181

Software that integrates communication systems with information

Interspeed (ISPD),USB Piper Jaffray  3.5  $10-$12  $131

Spinoff of Brooktrout's DSL equipment maker

Jore (JORE),D.A. Davidson   4.0  $9-$11  $136

Makes  power tool accessories and hand tools

Keynote Systems (KEYN), Robertson Stephens  4.0  $10-$12  $263

Internet diagnostics for e-commerce Web sites

NetZero (NZRO), Goldman Sachs  10.0  $9-$11  $1,061

An advertiser supported ISP offering free  ...



 

 

 

 

Copyright 1995 UMI Inc.;

Copyright Kenosha News 1995;

Business Dateline; 

Kenosha News

 

July 23, 1995

 

 

SECTION: Sec E; pg 1

 

LENGTH: 1218 words

 

HEADLINE: American Tool goes by many pseudonyms

 

BYLINE: Don Jensen

 

DATELINE: Kenosha; WI; US

 

 

 BODY:

 

 

   ... on-line with Caterpillar in a new dedicated warehouse facility they have constructed for us in Greenfield, Indiana. It will handle North American distribution for all our products produced around the world."

 

   American Tool markets its  hand tool,  cutting tool and  power tool   accessories  to a wide range of consumers, from do-it-yourselfers and shade tree mechanics to major industrial, construction, automotive and aviation users.

 

   "Snap-on is one of our largest customers," says Jacobson, "marketing both our Vice-Grip and other products under their own ...



 

 

Copyright 1992 Orange County Register 

Orange County Register (California)

 

 

November 30, 1992 Monday MORNING EDITION

 

 

 

 

SECTION: BUSINESS; Pg. D24

 

LENGTH: 1180 words

 

HEADLINE: Briefly Noted

 

 

 BODY:

 

 

   ... in Huntington Beach.  Offering refreshments and a

special "Pets and Trees" area, with Christmas trees decorated just

for pets, the event is co-sponsored by the Huntington Beach Chamber

of Commerce      Classic Woodcraft, a store for woodworkers, with

 hand tools,  cabinet and furniture hardware,  power tool accessories,

woodworking books and videos, and more, opened Friday at 396 W.

Chapman Ave., in Orange      Power Imaging Centers, a new

reprographic and copy firm, opened at 200 W. Santa Ana Blvd.,

across from the entrance of the  ...



 

 

 

 

Copyright 1992 St. Louis Post-Dispatch, Inc. 

St. Louis Post-Dispatch (Missouri)

 

October 2, 1992, FRIDAY, FIVE STAR Edition

 

 

SECTION: BUSINESS; Pg. 8D

 

LENGTH: 285 words

 

HEADLINE: EMERSON COMPLETES FISHER PURCHASE

 

 

 BODY:

 

 

   ... Robert Bosch Power Tool Corp. unit.  Skil specializes in power tools for consumers. Bosch makes power tools mostly for professionals.  Emerson and Bosch already are partners in Vermont American Corp., a maker of  power-tool   accessories  and other cutting and  hand tools. 



 

 

Copyright 1992 U.P.I. 

United Press International

 

 

October 1, 1992, Thursday, BC cycle

 

 

SECTION: Financial

 

LENGTH: 304 words

 

HEADLINE: Emerson-Bosh in power tool joint venture

 

DATELINE: ST. LOUIS

 

 

 BODY:

 

 

   ... automotive equipment, communications technology equipment, consumer goods and capital goods.

 

    Since July 1990, Bosch and Emerson each have also held a 50 percent interest in Vermont American Corp., a diversified manufacturer and marketer of cutting tools,  power tool accessories, hand tools,  and lawn and garden products for consumer and industrial use.

 

    Emerson Thursday also announced it has completed its acquisition of Fisher Controls International Inc., from Monsanto Co. Fisher, headquartered in the St. Louis suburbs, is a producer of control valves and control ...

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

****************************068655******************************

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEND TO: BOAGNI, MARY                

         TRADEMARK LAW LIBRARY                  

         2101 CRYSTAL PLAZA ARC                 

         MAILBOX 314                             

         ARLINGTON, VIRGINIA 22202-4600
MAIL-IT REQUESTED: MARCH 29, 2004                           10083K

 

        CLIENT:

       LIBRARY: NEWS

          FILE: US

 

YOUR SEARCH REQUEST AT THE TIME THIS MAIL-IT WAS REQUESTED:

 (SELL OR MANUFACTURE OR BUY) W/3 (HAND TOOLS W/3 POWER TOOLS)

 

NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:

      LEVEL   1...      43

 

LEVEL    1 PRINTED

 

THE SELECTED  STORY NUMBERS:

1-2,5,12,22,31,35,38,40-43

 

DISPLAY FORMAT: 30 VAR KWIC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEND TO: BOAGNI, MARY

         TRADEMARK LAW LIBRARY

         2101 CRYSTAL PLAZA ARC

         MAILBOX 314

         ARLINGTON VIRGINIA 22202-4600

 

 

 

**********************************02609**********************************



 

 

 

Copyright 2004 The Omaha World-Herald Company 

Omaha World Herald (Nebraska)

 

 

March 26, 2004, Friday

 

 

 

SECTION: BUSINESS; Pg. 19bp;

 

LENGTH: 204 words

 

HEADLINE: Irwin Industrial Tools

 

 

 BODY:

   ... com

 

    Headquarters: 8935 NorthPointe Executive Drive, Huntersville, NC 28078

 

    Phone: (704) 987-4555 Fax: (704) 987-4794

 

    Investor relations: Newell Rubbermaid, (800) 424-1941 or investor.relations£newellco.com

 

    Business activity:  Manufactures hand tools,  cutting tools and  power tool     accessories.

 

    Year established: 1924 as Petersen Manufacturing Co., DeWitt, Neb., maker of Vise-Grip locking pliers; 2002, acquired by Newell Rubbermaid Inc.



 

 

 

Copyright 2004 PR Newswire Association, Inc. 

PR Newswire

March 8, 2004, Monday

 

 

SECTION: FINANCIAL NEWS

 

DISTRIBUTION: TO BUSINESS AND AUTO EDITORS

 

LENGTH: 391 words

 

HEADLINE: Timken Latrobe Steel Receives Inaugural Supplier of the Year Award from Lenox

 

DATELINE: LATROBE, Pa., March 8

 

 

 BODY:

   ... supplier products or service and management personnel are consulted to finalize the award selection.

    Lenox ( www.lenoxsaw.com ) began in 1915 when a group of ten employees began making hacksaw blades.  Today, the company employs more than 600 people and   manufactures  and markets  power tool  accessories,  hand tools,  band-saw blades and sawing fluids in more than 70 countries around the world. 



 

 

 

Copyright 2002 PR Newswire Association, Inc. 

PR Newswire

November 22, 2002, Friday

 

 

SECTION: FINANCIAL NEWS

 

DISTRIBUTION: TO BUSINESS EDITOR

 

LENGTH: 1249 words

 

HEADLINE: Newell Rubbermaid Strengthens Power Tool Accessories and Hand Tools Businesses With Acquisition of American Saw

 

 

 BODY:

 

 

   ... Mr. Galli added that American Saw will become a part of Newell Rubbermaid's Levolor/Hardware Group, which in 2001 accounted for $1.4 billion of the company's nearly $7 billion in sales.  In addition to its powerful portfolio of  hand tools and power tool  accessories, the group  manufactures  and markets BernzOmatic(R) torches; paint applicators and accessories under the Shur-Line(R) and Rubbermaid(R) brands; cabinet and door hardware under the Amerock(R) and Douglas Kane(TM) brands; and window fashions under the Levolor(R), Kirsch( ...



 

Copyright 2001 The Deal L.L.C. 

Daily Deal (New York, NY)

 

May 22, 2001 Tuesday

 

 

SECTION: BANKRUPTCIES

 

LENGTH: 482 words

 

HEADLINE: Montana tool maker files for bankruptcy

 

BYLINE: by David Ehrlich

 

 

 BODY:

 

 

   ... post. The company also consolidated the chief financial officer and controller functions, with Mick Quinlivan, formerly controller, assuming those responsibilities. Jore said former finance chief Monte Giese will help transition the company through the reorganization process.

 

   Jore designs and  manufactures power tool  accessories and  hand tools  for the do-it-yourself and professional craftsman markets, selling products under the licensed Stanley brand, as well as under various private labels, including Sears, The Home Depot and Black & Decker. The company has a primary plant in Ronan, Mont. and ...



 

 

 

Copyright 2000 Journal Sentinel Inc. 

Milwaukee Journal Sentinel (Wisconsin)

 

 

September 22, 2000 Friday FINAL EDITION

 

 

 

SECTION: BUSINESS; Pg. 01D

 

LENGTH: 255 words

 

HEADLINE: Snap-on stock nose-dives by 16% as earnings fall short;

Higher interest rates, weak European currency among factors, firm says

 

BYLINE: JASON GERTZEN of the Journal Sentinel staff

 

 

 BODY:

 

 

   ... share will be from $2.50 to $2.60. The analysts' estimate had been $2.89.

 

   The earnings disappointment is expected to carry through next year. Snap-on estimates that its 2001 profits will be $3 per share, down from analyst estimates of $3.31.

 

   Snap-on makes and  sells hand tools, power tools,  diagnostic equipment and software, storage chests and other items. It had more than $2 billion in sales last year.

 

   Snap-on executives blamed their current woes on softer-than-expected equipment sales in North America. One of the ...



 

 

 

Copyright 1999 The Atlanta Constitution 

The Atlanta Journal and Constitution

 

 

November 19, 1999, Friday, Home Edition

 

 

 

SECTION: Business; Pg. 8C

 

LENGTH: 499 words

 

HEADLINE: Tool recycle franchise a boon for the handy

 

BYLINE: Patti Bond, Staff

 

SOURCE: CONSTITUTION

 

 

 BODY:

 

 

   ... basement or the garage," said ReTool owner Ben Boston.

 

   Indeed, that philosophy is the soul of ReTool, where do-it-yourselfers can buy, sell and trade anything from jigsaws to jumper cables. The store, set up to look like a chock-full workshop,  sells hand tools, power tools  and shop tools. There are plenty of goods for mechanics and contractors, too.

 

   ReTool is a new franchise from Minneapolis-based Grow Biz International, which calls itself the largest resale company in the country. Its other concepts include Play It Again Sports, ...



 

Copyright 1999 The Philadelphia Inquirer

All Rights Reserved 

The Philadelphia Inquirer

 

OCTOBER 8, 1999 Friday SF EDITION

 

 

SECTION: FEATURES MAGAZINE: HOME & DESIGN; Pg. E19

 

LENGTH: 936 words

 

HEADLINE: HANDY MAN ON SCREEN WITH HANDYMEN FROM THE FIRST TO EVER USE A TOOL RIGHT UP TO BOB VILA, A CHRONICLE OF TOOLS ON HISTORY CHANNEL.

 

BYLINE: Alan J. Heavens, INQUIRER REAL ESTATE WRITER

 

 

 BODY:

 

 

   ... prevent repetitive strain injury.

 

   While some viewers might think that both shows devote an extraordinary amount of time to highlighting tool manufacturers such as Stanley and Black & Decker, these two companies and others play such an overwhelming role in the   manufacture  and sale of  hand tools and power tools  that the exposure is warranted.

 

   Philadelphia also plays a role in the hand-tool program, since the city was a major manufacturing center from Colonial times to the mid-20th century, and many inventions that revolutionized the tool industry happened here.

 

   One was the Disston saw. ...



 

 

 

Copyright 1998 UMI Inc.;

Copyright Madison Business Journal 1998;

Business Dateline; 

Madison Business Journal

November 9, 1998

 

 

SECTION: Vol 1; No 51; pg 1

 

LENGTH: 1021 words

 

HEADLINE: Brothers carve woodworking niche

 

BYLINE: Katherine Keller

 

DATELINE: Madison WI US North Central

 

 

 BODY:

 

 

   ... describes Workbench Tool Company as essentially a woodworking supply house that provides all the basic materials and a lot of value-added services for wood products. hey have a retail operation along side the custom millwork operation. They  sell hand tools,  woodworking machinery,  power tools  --finishing and tooling supplies--hardwoods and plywoods. Rick buys lumber grown in Wisconsin and the Midwest, a source of richly diverse hardwoods. Rich Bechen said, "If you're a woodworker and you're building furniture or cabinetry or doing commercial millwork ...



 

 

 

Copyright 1995 St. Louis Post-Dispatch, Inc. 

St. Louis Post-Dispatch (Missouri)

January 10, 1995, Tuesday, FIVE STAR Edition

 

 

SECTION: ST. CHARLES; Pg. 4

 

LENGTH: 223 words

 

HEADLINE: BUSINESS NOTES

 

BYLINE: Compiled By Lacey Burnette Special Correspondent

 

 

 BODY:

   NEW IN TOWN B&H Investments has bought a 12,000-square-foot building at 1743 Scherer Parkway to house A.R.T. Concrete Tool and Supplies, a new business. The building will have showroom and warehouse space. A.R.T.  sells  construction supplies,  hand tools, power tools,  sealers and hardware.



 

 

 

Copyright 1993 UMI Inc.;

Copyright Ogden Newspapers 1993;

Business Dateline; 

Inter-Mountain

September 24, 1993

 

 

SECTION: Sec Business;

 

LENGTH: 693 words

 

HEADLINE: Franklin's oldest business selected 'Business of the Month'

 

BYLINE: Joan Ashley

 

DATELINE: Elkins; WV; US

 

 

 BODY:

 

 

   ... need." she added.

 

   One of Bowman's community projects in the local high schools is Tools for Tomorrow. "The vo-ag teachers collect sales receipts from Bowman's, and we rebate so much per dollar. Last year enough dollars were earned to  buy  several  power tools  plus numerous  hand tools  for both Franklin and Circleville High Schools," Rebecca Lough said.

 

   "ServiStar feels a strong tie with rural America and feels vocational education careers are the backbone of our country. Our store with the help of the vo-ag teachers awarded the outstanding vo- ...



 

 

 

Copyright 1989 St. Louis Post-Dispatch, Inc. 

St. Louis Post-Dispatch (Missouri)

October 27, 1989, FRIDAY, FIVE STAR Edition

 

 

SECTION: BUSINESS; Pg. 3B

 

LENGTH: 347 words

 

HEADLINE: EMERSON, BOSCH SIGN PACT TO BUY TOOL FIRM

 

BYLINE: Fred Faust Of the Post-Dispatch Staff

 

 

 BODY:

 

 

   ... by Emerson and Bosch, with a minority stake held by Sears Roebuck & Co. In addition to the purchase price, Maple would assume $50 million in Vermont American debt.  Vermont American, based in Louisville, Ky., makes and  sells  cutting tools,  power tool  accessories,  hand tools  and lawn and garden products.



 

 

 

Copyright 1985 Little Rock Newspapers, Inc. 

Arkansas Democrat-Gazette (Little Rock, AR)

November 24, 1985, Sunday

 

 

LENGTH: 1334 words

 

 

 BODY:

 

 

   ... by Emerson in 1979. Since then, it's become a problem child.

 

   " It was one of the more disappointing areas they had last year," said Spindel. " Some of that may relate to the fact that Sears hasn't been doing all that well."

 

   Emerson makes  hand tools and power tools  for Sears to  sell  under its own Craftsman brandname. Another analyst, Young, said Black and Decker Co. went through the same slump five years ago, when Kmart "got in a similar bind."

 

   Unlike the typical Emerson acquisition (" They buy market- ...

 

 


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