throbber
To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation of North America (ptodocket@arelaw.com)
`
`U.S. TRADEMARK APPLICATION NO. 86230485 - PLUSH PRO - 55210/825
`
`11/28/2014 7:23:56 PM
`
`ECOM108@USPTO.GOV
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`Attachment - 4
`Attachment - 5
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`(cid:160) (cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160) (cid:160) (cid:160)
`(cid:160)(cid:160)(cid:160)
`
`(cid:160) (cid:160)(cid:160)
`CORRESPONDENT’S REFERENCE/DOCKET NO :(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`CORRESPONDENT E-MAIL ADDRESS:(cid:160)(cid:160)(cid:160)
`
`(cid:160) 55210/825
`
`(cid:160)(cid:160)(cid:160)(cid:160) ptodocket@arelaw.com
`
`*86230485*
`
`CLICK HERE TO RESPOND TO THIS LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`U.S. APPLICATION SERIAL NO. (cid:160) 86230485
`
`(cid:160)M
`
`ARK: PLUSH PRO
`
`CORRESPONDENT ADDRESS:
`(cid:160)(cid:160)
`(cid:160)(cid:160) (cid:160) (cid:160) HOLLY PEKOWSKY, ESQ.
`(cid:160)(cid:160)
`(cid:160)(cid:160) (cid:160) (cid:160) AMSTER, ROTHSTEIN & EBENSTEIN LLP
`(cid:160) (cid:160) (cid:160)(cid:160)(cid:160)(cid:160) 90 PARK AVE
`(cid:160) (cid:160) (cid:160)(cid:160) (cid:160) (cid:160) NEW YORK, NY 10016-1301
`(cid:160)(cid:160)(cid:160)(cid:160)
`APPLICANT: Panasonic Corporation of North America
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
`
`(cid:160)I
`
`SSUE/MAILING DATE: 11/28/2014
`
`(cid:160)T
`
`he examining attorney has carefully reviewed the applicant’s response to the first Office action containing amendments and arguments in
`favor of registration.(cid:160) The descriptive refusal is withdrawn.(cid:160) As to the other outstanding issues, the examining attorney has determined the
`following.(cid:160) Applicant must respond timely and completely to the issues below.(cid:160) 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711,
`718.03.
`
`(cid:160) D
`
`isclaimer of “ PLUSH” Required
`
`(cid:160)A
`
`pplicant must disclaim “ PLUSH” because it merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of
`applicant’s goods, and thus is an unregistrable component of the mark.(cid:160) See 15 U.S.C. §§1052(e)(1), 1056(a); DuoProSS Meditech Corp. v.
`Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Oppedahl & Larson LLP, 373 F.3d
`
`1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); TMEP §§1213, 1213.03(a).(cid:160)(cid:160)
`
`“Plush” is defined as abundantly rich; lush; luxuriant. [1] (cid:160) This merely descriptive of the function or a feature of the identified goods, namely, a
`vacuum feature designed for soft plush carpets or to enhance the plushness of carpets.(cid:160) The descriptive nature of the term is illustrated by a
`Lexis/Nexis search.(cid:160) Articles found in a search of U.S. articles for the term “plush” within give terms of “vacuum” found several stories (See
`attached).(cid:160) In addition, please see the attached Internet evidence illustrating the descriptive nature of the term.
`
`(cid:160)
`(cid:160)
`(cid:160)
`(cid:160)
`

`

`(cid:160)A
`
`n applicant may not claim exclusive rights to terms that others may need to use to describe their goods in the marketplace.(cid:160) See Dena Corp. v.
`Belvedere Int’l, Inc., 950 F.2d 1555, 1560, 21 USPQ2d 1047, 1051 (Fed. Cir. 1991); In re Aug. Storck KG, 218 USPQ 823, 825 (TTAB 1983).(cid:160)
`A disclaimer of unregistrable matter does not affect the appearance of the mark; that is, a disclaimer does not physically remove the disclaimed
`
`matter from the mark.(cid:160) See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 978, 144 USPQ 433, 433 (C.C.P.A. 1965); TMEP §1213.(cid:160)(cid:160)
`
`If applicant does not provide the required disclaimer, the USPTO may refuse to register the entire mark.(cid:160) See In re Stereotaxis Inc., 429 F.3d
`1039, 1040-41, 77 USPQ2d 1087, 1088-89 (Fed. Cir. 2005); TMEP §1213.01(b).
`
`(cid:160)A
`
`pplicant should submit a disclaimer in the following standardized format:
`
`No claim is made to the exclusive right to use “PLUSH” apart from the mark as shown.
`
`(cid:160)F
`
`or an overview of disclaimers and instructions on how to satisfy this disclaimer requirement online using the Trademark Electronic Application
`System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/disclaimer.jsp.
`
`Request For Information Maintained
`
`(cid:160)T
`
`he nature of the goods is not clear from the present record. The examining attorney requires information about the nature of the goods to
`determine whether all or part of the wording in the mark is merely descriptive as applied to the goods.
`
`(cid:160)T
`
`o permit proper examination of the application, applicant must submit additional product information about the goods. See 37 C.F.R. §2.61(b);
`In re DTI P’ship LLP , 67 USPQ2d 1699, 1701-02 (TTAB 2003); TMEP §814. In particular, the applicant should indicate whether or not the
`goods concern or have any other connection with professional quality or grade and/or plush carpeting.
`
`(cid:160)T
`
`he requested product information should include fact sheets, instruction manuals, and/or advertisements. If these materials are unavailable,
`applicant should submit similar documentation for goods of the same type, explaining how its own product will differ. If the goods feature new
`technology and no competing goods are available, applicant must provide a detailed description of the goods.
`
`(cid:160)T
`
`he submitted factual information must make clear how the goods operate, their salient features, and their prospective customers and channels of
`trade. Conclusory statements regarding the goods will not satisfy this requirement.
`
`(cid:160)F
`
`ailure to respond to a request for information is an additional ground for refusing registration. See In re Cheezwhse.com, Inc., 85 USPQ2d 1917,
`1919 (TTAB 2008); In re DTI, 67 USPQ2d at 1701-02. Merely stating that information about the goods is available on applicant’s website is an
`inappropriate response to a request for additional information and is insufficient to make the relevant information of record. See In re
`Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
`
`(cid:160)T
`
`he Identification of Goods is Indefinite
`
`(cid:160)T
`
`he identification of goods remains indefinite and must be clarified because it is unclear from the current wording exactly what goods are used in
`conjunction with the mark. See TMEP §1402.01.(cid:160)
`In particular, the specific feature must be identified, e.g. “brush” or “suction nozzle.” (cid:160)
`Applicant may adopt the following identification, if accurate (suggested wording appears italicized print):
`
`A feature of a vacuum cleaner, namely, _____ (indicate specific feature, e.g. a suction nozzle, a brush) designed to clean soft carpets,
`sold as an integral component of a vacuum cleaner in Class 7. TMEP Section 1402.01.
`
`(cid:160)A
`
`n applicant may amend an identification of goods only to clarify or limit the goods; adding to or broadening the scope of the goods is not
`permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.
`
`(cid:160)F
`
`or assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of
`Acceptable Identifications of Goods and Services at http://tess2.uspto.gov/netahtml/tidm.html. See TMEP §1402.04.
`
`(cid:160)I
`
`f applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.(cid:160) All relevant e-
`mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to
`this Office action and will not extend the deadline for filing a proper response.(cid:160) See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05.(cid:160) Further,
`although the trademark examining attorney may provide additional explanation pertaining to the requirements in this Office action, the
`trademark examining attorney may not provide legal advice or statements about applicant’s rights. (cid:160) See TMEP §§705.02, 709.06.
`
`(cid:160)
`(cid:160)(cid:160)(cid:160)
`(cid:160)
`(cid:160)(cid:160)
`

`

`/Jason F. Turner/
`Jason F. Turner
`Law Office 108
`(571) 272-9353
`jason.turner@uspto.gov
`
`(cid:160)(cid:160)(cid:160)
`
`TO RESPOND TO THIS LETTER: (cid:160) Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. (cid:160) Please wait 48-72 hours from the
`issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.(cid:160)
`For technical assistance with online forms, e-mail TEAS@uspto.gov.(cid:160) For questions about the Office action itself, please contact the assigned
`trademark examining attorney.(cid:160) E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
`this Office action by e-mail.
`
`(cid:160)A
`
`ll informal e-mail communications relevant to this application will be placed in the official application record.
`
`(cid:160)W
`
`HO MUST SIGN THE RESPONSE:(cid:160) It must be personally signed by an individual applicant or someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants).(cid:160) If an applicant is represented by an attorney, the attorney must sign the
`
`response.(cid:160)(cid:160)
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION: (cid:160) To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/. (cid:160) Please keep a copy of the TSDR status screen. (cid:160) If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. (cid:160) For more information on checking
`status, see http://www.uspto.gov/trademarks/process/status/.
`
`(cid:160)T
`
`O UPDATE CORRESPONDENCE/E-MAIL ADDRESS:(cid:160) Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
`
`108B8C
`
`Time of Request: Friday, November 28, 2014(cid:160) 18:25:37 EST
`Client ID/Project Name:
`Number of Lines: 685
`Job Number:(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`1827:490834637
`
`(cid:160) R
`
`esearch Information
`
`(cid:160) S
`
`ervice: (cid:160)(cid:160)
`Terms and Connectors Search
`Print Request: Selected Document(s): 1,9,12-14,18,21,26
`Source: US Newspapers
`Search Terms: plush w/5 vacuum
`
`(cid:160)
`(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`

`

`Send to:(cid:160) TURNER, JASON
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`TRADEMARK LAW LIBRARY
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`600 DULANY ST
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`ALEXANDRIA, VA 22314-5790
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`

`

`1 of 27 DOCUMENTS
`
`Copyright 2014 Washingtonpost.Newsweek Interactive Company, LLC d/b/a(cid:160) Washington Post Digital
`All Rights Reserved
`
`The Washington Post
`
`September 25, 2014 Thursday(cid:160)
`Every Edition
`
`(cid:160)S
`
`ECTION: METRO; Pg. T14
`
`(cid:160)D
`
`ISTRIBUTION: Prince George's County
`
`(cid:160)L
`
`ENGTH: 928 words
`
`(cid:160)H
`
`EADLINE: Seal-of-approval design tips
`
`(cid:160)B
`
`ODY:
`
`(cid:160) Jane Francisco, editor in chief of Good Housekeeping, joined staff writer Jura Koncius last week on our Home Front online chat. Here is an edited excerpt.
`
`(cid:160) I have a small house and too much stuff in general. De-cluttering is a constant project (and a fruitless one with a 1-year-old). I have always looked for smaller-
`scale furniture to fit the space, but it's very hard to find smaller, functional pieces at a reasonable price. Can you recommend ways to use the space better?
`
`Look for small but multipurpose pieces such as a pouf that can function as seating, an ottoman or even as a side or coffee table. Bonus: They're kid-friendly and
`also work well in a playroom. We've seen great ones at Target, JCPenney, Pier 1, West Elm and Ikea - at reasonable prices.
`
`(cid:160) I hate mopping and consequently haven't done it in my kitchen in an embarrassingly long time. I think my problem is that I can't find a mop I like. Any
`suggestions on something that I might use? I tried Swiffer, but it doesn't seem to clean up after two young boys and a drooling pug.(cid:160)
`
`I just called our director of the home appliances and cleaning products for her recommendations. Carolyn Forte suggests a microfiber mop such as those from
`Libman or Rubbermaid, with on-board canisters where you mix your own cleaner so you can use your favorite cleaning product and make it as strong as you like. The
`microfiber pads are removable and washable.
`
`(cid:160) Problem: a north-facing bedroom with one window (for which we need to keep shades drawn most of the time for privacy). Furniture is a light cherry wood.
`Carpet is a nutmeg-brown color. Solution? I'm hoping you can suggest a lovely, luminous wall color (no greens) that will bring life to the room. And if it's Benjamin
`Moore, all the better.(cid:160)
`
`We love Ocean Breeze. (Benjamin Moore! We aim to please.) It's a bright, friendly and soothing light blue, and it won't go too cool with your northern light.
`
`(cid:160) My front porch is 22 feet 10 inches long by 6 feet wide and is stained concrete. Now that we have cleared away all the overgrown shrubs in front of the house, I
`need to fix up the porch. Currently I have two wooden rocking chairs and a porch swing on the porch. What can I do to make it inviting?
`
`Try a pair of topiaries in planters on each side of the door. Choose low-maintenance boxwood, which is good in any light exposure. Have fun picking out some
`pretty planters that show off your personality. Add a bench with colorful cushions (ideally, weather-resistant) to make guests feel like they want to linger.
`
`(cid:160) What are some of the latest findings and tips from the Good Housekeeping Institute?
`
`We just published (in our October issue) an interesting tip we discovered while we were in the process of testing vacuum cleaners: The new premium-plush,
`super-soft carpets are too dense for many vacuum cleaners to clean. We still recommend the carpeting (which is very popular) but caution that you may need to
`consider a new vacuum in your budget. Check the carpet company's Web site for its recommended models.
`
`(cid:160) A few months back, you featured some paint colors that included Behr's English Channel, which I loved. We plan to repaint our basement soon, which has an
`east-facing sliding glass door. There's not a lot of natural light to speak of, even in the morning. I would really like to use English Channel blue, but I'm afraid it might
`be too dark in this case. What do you think? Would you recommend going with something lighter?
`
`We're concerned your room may end up a bit cavelike with only one source of light. But if you love the color (and, of course, we do!), why don't you use it for
`accents and paint your walls in a slightly lighter, complementary color in the same palette? Try Behr's Mysteria.
`
`(cid:160) I am looking for furniture - a love seat and a chair or two - for my living room. The catch is, I need them a little higher than average. I have a minor disability
`that makes sitting on low furniture very difficult. Does anyone carry this kind of stuff, or will I have to go custom?
`
`A cost-effective way to meet your custom needs would be to choose a chair or sofa from a place like Ikea, where a common "hack" is to buy a piece of furniture
`you love and replace the legs, which easily screw in. Then you only need to have a carpenter make legs in the proper height.
`
`(cid:160) I'm redoing my brick fireplace as part of a large first-floor remodel. I will be replacing brick with stone and adding a mantel. The issue is the flat-screen TV.
`
`(cid:160)
`(cid:160)(cid:160)
`(cid:160)
`

`

`Above the fireplace is really the only spot in the room. (Previously, the room was a study with no TV.) Right now, fireplace is wood-burning, but we can convert to
`gas or electric. What are your thoughts on TVs above the fireplace, and what type of heat source is least damaging?
`
`There should be no heat-damage concerns about placing a TV above your fireplace. (Think about all the valuable art that has hung in similar place through the
`ages.) And because you are pulling your whole fireplace apart, you have the opportunity to consider putting the connections directly into the wall, avoiding ugly wires
`in a place of prominence.
`
`(cid:160) We have a room that is paneled and want to have it painted. Do we need to sand first? Should we use an oil-based primer, or is water-based okay?
`
`You will definitely need to sand(cid:160) before painting. If you choose to use water-based paint and the previous finish was oil-based, make sure it has been stripped
`completely. Otherwise, use oil.
`
`4 Also at washingtonpost.com(cid:160) Read the rest of this transcript and submit questions to the next chat, Thursday at 11 a.m., at washingtonpost.com/home .
`
`(cid:160)L
`
`OAD-DATE: September 25, 2014
`
`

`

`9 of 27 DOCUMENTS
`
`Copyright 2011 The New York Times Company
`The New York Times
`
`June 2, 2011 Thursday(cid:160)
`Late Edition - Final
`
`(cid:160)S
`
`ECTION: Section D; Column 0; House & Home/Style Desk; HOME TECH; Pg. 4
`
`(cid:160)L
`
`ENGTH: 1281 words
`
`(cid:160)H
`
`EADLINE: Using Gadgets To Zap Germs
`
`(cid:160)B
`
`(cid:160)B
`
`YLINE: By FARHAD MANJOO
`
`ODY:
`
`TOILET SEATS get a bad rap, says Charles Gerba, an environmental microbiologist at the University of Arizona. Indeed, because of what goes on there, we tend
`to consider bathrooms -- even the most respectable bathrooms -- as generally less than sterile. That view, it turns out, is unfair.
`
`In numerous studies, Dr. Gerba and his colleagues have found that toilet seats are often one of the least germ-infested areas in your house. Much of the rest of the
`bathroom, too, isn't especially toxic. If you're really worried about germs, look to the kitchen.
`
`''Cutting boards are just terrible,'' Dr. Gerba said, by way of example. ''There's 200 times more bacteria on a cutting board than a toilet seat.''
`
`I got to talking to Dr. Gerba -- who has been studying the spread of bacteria, viruses and other pathogens in households for so long that many of his colleagues
`call him Dr. Germ -- because lately I've had cleanliness on the brain. I've been testing several gadgets that promise to reduce or eliminate many household pathogens:
`devices to sanitize your cellphone, your toothbrush, your bedding, your floors, your countertops, and even the very air circulating through your home.
`
`One by one, I put these gadgets through their paces. But then what? Germs' power derives from their invisibility. And that's the trouble with fully evaluating these
`high-tech germ destroyers -- how would I know that they were working well? To find out, I asked Dr. Gerba, who is not paid to endorse any of the products I tested,
`and he said I'd more or less have to take it on faith. The good news is that we know a lot about sanitizing, but as to claims of a specific product's effectiveness, firm
`answers are hard to get without your own lab.
`
`Consider the VIOlight UV Cell Phone Sanitizer, a $40 device that promises to eliminate 99.9 percent of the bacteria and other nasties sitting on your phone. It
`purports to do so by using a beam of ultraviolet light, which is a specific wavelength of light that, when focused precisely, penetrates and damages the DNA of
`microorganisms. Dr. Gerba said that ultraviolet-based systems have been used in commercial and industrial sanitizing applications for many years. The technology is
`now getting small and inexpensive enough to be found in many consumer devices, too. In fact, most of the devices I tested used UV light as their primary cleaning
`agent.
`
`The cellphone cleaner, a hunk of silver plastic as big as a soap dispenser, is simple to use: Just drop your phone inside and shut the lid. A light on the front blinks
`on and off to tell you it's working. After about 5 minutes, the sanitizing is done. When you pull your phone out, it won't look or smell any cleaner -- the sanitizer isn't
`meant to remove smudges or stains -- but presumably the UV light has killed off everything microscopic.
`
`Presumably: On the one hand, UV light is a proven sanitizer. But on the other I honestly have no idea if this particular cleaner did its job well.
`
`Dr. Gerba added that, with cellphones, it may not matter much. Even if you assume that the sanitizer is decimating the phone's microscopic inhabitants, it's
`unlikely that your phone was covered in anything really dangerous. ''Cellphones can get fairly germy, but it's only your germs,'' Dr. Gerba said. ''Unless you're sharing
`your phone with other people, there's nothing to worry about.'' (Dr. Gerba is asked about the necessity of cellphone sanitizing so often that he has a quip at the ready:
`''It keeps you from talking dirty.'')
`
`You're on slightly firmer ground with another VIOlight device -- the $30 toothbrush sanitizer. This looks like a standard toothbrush holder, but when you press a
`button on the front, a UV light shines on the germs on your brushes (the unit holds up to four). According to a 2008 study published in the American Journal of
`Dentistry, toothbrushes treated with the VIOlight had 86 percent fewer ''colony-forming units'' -- a measure of germs -- than toothbrushes that were just rinsed in cold
`water. The study does note, however, that there's no proof that a cleaner toothbrush results in better oral health.
`
`UV light can also help with your cutting board, that epicenter of household filth. For this, I tried the CleanWave Sanitizing Wand, a $70 device made by Verilux.
`The wand looks like a shrunken light saber, and to attack your germs, you can play Luke Skywalker. Turn on the wand, hold one edge against a flat surface -- your
`cutting board, your countertop, your desk -- and slowly move it back and forth over the area you'd like to sanitize.
`
`Ryan Douglas, the chief executive of Verilux, said that when he cleans with the wand, he can tell that it's working. ''As you wand over an area, there's a 'freshness'
`you can smell when the biological material is killed,'' Mr. Douglas said.
`
`I confess I smelled nothing of the sort. Still, of all the applications for UV, Dr. Gerba said studies show that it is most effective on hard, nonporous surfaces like
`cutting boards. Even though I couldn't tell it was working, there's a high likelihood that the wand cleaned my cutting board far better than would most other home
`cleaning products, and it also contained no harmful chemicals. What's more, as Mr. Douglas pointed out, there's no way to know that traditional spray cleaners are
`actually sanitizing, either. I did have one problem with the wand: For safety reasons (UV light can be harmful if you look at it directly), it will work only when you
`wave it horizontally, with the UV beam pointed downward. That means you can't use it to sanitize your kitchen walls or your faucet, and must rely on traditional
`
`(cid:160)
`(cid:160)(cid:160)
`(cid:160)
`

`

`cleaners.
`
`There are two other UV gadgets I tested. The Verilux CleanWave Sanitizing Furniture and Bed Vac ($130) will sanitize soft, plush items that you can't attack
`with traditional sanitizing chemicals. Mr. Douglas said that it is especially effective against bedbug and dust-mite eggs. I also ran Honeywell's HEPAClean UV
`Antibacterial Air Purifier (about $200) in my bedroom for a few nights. In addition to several layers of filters -- which are used in many air purifiers -- this unit uses
`UV lights to kill germs passing through the air. It promises to eliminate 99 percent of such pathogens -- but, of course, I had no way to test that.
`
`Besides UV, another high-tech sanitizing method is ''super-oxygenated water,'' which is used in commercial agriculture. The lotus Home Cleaning System ($219)
`comes with an electronic base and two vessels for water -- one big bowl and one spray bottle. You fill one of the vessels with water, insert it into the base, and turn it
`on. The water cycles through the base, where it's hit with an electrical current and forced to take on an extra oxygen molecule. After a few minutes, all the water is
`converted -- and now it's ready to sanitize. You can fill the bowl with items to sanitize -- fruit, vegetables, meat, dishcloths, sponges, baby bottles, pacifiers -- or use
`the spray bottle for general cleaning. It's harmless, and effective even against stains. But how do you know this product harnesses the proven oxygenating process to
`actually work well? Once again: You don't.
`
`That brings me to my favorite sanitizing gadget, the Shark Lift-Away Professional Steam Pocket Mop (about $200). This device works on floors and countertops,
`and it requires no soaps or other cleaning products. Instead, it uses just water: water in the mop's chamber is heated and converted into steam, which then shoots into
`the mop head to clean your floors. I found the mop to be quick and convenient, and it removed stains and left my kitchen floors gleaming. And how did I know it was
`sanitizing? I saw the steam rising from the tile. That's good enough for me.
`
`(cid:160)U
`
`RL: http://www.nytimes.com
`
`(cid:160)G
`
`RAPHIC: PHOTOS: INVISIBLY CLEAN: Top row, from far right: VIOlight's cellphone sanitizer ($40) uses UV rays, as do Honeywell's air purifier tower ($200)
`and Verilux's sanitizing wand ($70), which is designed for hard surfaces like cutting boards.
`SANITIZING: Bottom row, from far left: a Verilux UV vacuum for plush surfaces ($130)
`(cid:160) Shark's $200 steam mop, and lotus's system using oxygen-rich water ($219).(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
`LOAD-DATE: June 2, 2011
`
`

`

`12 of 27 DOCUMENTS
`
`Copyright 2008 The New York Times Company
`The New York Times
`
`October 1, 2008 Wednesday(cid:160)
`Late Edition - Final
`
`(cid:160)S
`
`ECTION: Section D; Column 0; Sports Desk; Pg. 1
`
`(cid:160)L
`
`ENGTH: 1045 words
`
`(cid:160)H
`
`EADLINE: Groundskeepers Display Artistry On the Diamond
`
`(cid:160)B
`
`(cid:160)B
`
`YLINE: By JOHN BRANCH
`
`ODY:
`
`BOSTON -- David Mellor, the director of grounds for the Red Sox, checks out the baseball highlights on most nights. But he is not entirely interested in seeing
`the scores or the big plays. He watches for mowing patterns.
`
`On television, he does not follow the flight of a ball arcing from home plate to beyond the outfield wall, but rather the backdrop below the ball. Is the grass cut
`into patterns of stripes, checkerboards or diamonds? Parallel to the foul lines, or straight from home to center field, or stretching from foul pole to foul pole? Any
`flourishes -- stars, circles, swirls, logos, script?
`
`Baseball parks have long been identified by architectural touches, from arching facades to ivy-covered walls. These days, they are widely recognized by grass,
`cropped into distinctive, green-hued designs using the everyday tools of mowers, rollers and other grass-bending gadgets.
`
`Fans tuning in to the playoffs, which begin Wednesday, can expect to see 45-foot-wide swaths in a broadly woven pattern at Fenway Park, cross-hatched
`diamonds at Philadelphia's Citizens Bank Park, straightaway outfield stripes at Dodger Stadium, a classic checkerboard at Wrigley Field, and the mingling three-
`directional outfield lines at Anaheim's Angel Stadium, among others planned for the postseason.
`
`Such designs adorn and distinguish nearly every major league ballpark these days, but no one takes as keen an interest in mowing patterns as Mellor. He has
`written a book on the subject (''Picture Perfect: Mowing Techniques for Lawns, Landscapes, and Sports''), and is generally considered the top grass-cutting artist in the
`game. High-school geometry classes visit him at Fenway Park to study ways that an odd-shaped field can be divided and subdivided by straight lines and sharp
`angles.
`
`''I'm not looking for more work,'' Mellor said on a recent afternoon at Fenway Park. ''But the grass has to be mowed anyway. So why not do it well, with straight
`lines, or checkerboards, or something more festive?''
`
`Mellor, 45, gets most of the credit from his groundskeeping cohorts for kick-starting the trend, and forcing countless fans arriving at parks and tuning in to
`television to wonder: How do they do that?
`
`The concept is simple. The exacting execution is not. Quarter-circle expanses of grass can be wildly out of balance because they are always interrupted by an
`infield and because of the varying distances to the outfield fences.
`
`Rollers on a mower push the grass slightly forward. Blades bent away from the viewer capture more light and appear relatively pale; when the tips are bent
`toward the viewer, the grass looks darker. (So grass really can be greener on the other side.) The principle is nothing new to anyone who has run a vacuum back and
`forth on plush carpet or rubbed a hand over a velvet swatch.
`
`The color palette is not wide, but three distinct shades of green can be created -- light, dark and, by mowing across those stripes, something in between.
`
`''Mowers have been making patterns since 1830, when the first mowers were built,'' Mellor said.
`
`He was an assistant groundskeeper at Milwaukee County Stadium in 1993 when a concert badly damaged the grass in the outfield. With the support of the head
`groundskeeper Gary Vanden Berg, Mellor mowed a busy pattern to serve as camouflage. The design, not the damage, was all anyone noticed.
`
`''I still think that was the coolest pattern he ever made,'' Vanden Berg said.
`
`Mellor found himself with a niche, and others followed. The striping side effect of mowing has been creatively rearranged into pop art. With few exceptions --
`one is San Francisco's AT&T Park, where all the grass is usually mowed in a single direction to keep the slate clean and old-fashioned looking -- baseball is played
`atop an increasingly busy backdrop.
`
`Groundskeepers armed with reel mowers of varying widths create lines and shapes. Intricate designs, like the two-sock Red Sox logo that Mellor has used to
`festoon Fenway's grass, can be drawn by rollers, brooms or a stiff stream of water.
`
`''Dave deserves all the credit for setting this trend and really introducing these new wrinkles into the aesthetics,'' said the Dodgers' groundskeeper, Eric Hansen,
`adding that the trend is not slowing.
`
`''I see it with young groundskeepers,'' Hansen said. ''They're really into it.''
`
`(cid:160)
`(cid:160)(cid:160)
`(cid:160)
`

`

`Mellor was hired by the Red Sox in 2001, and turned Fenway Park's grass into baseball's most interesting canvas. Like other groundskeepers, he and his crew
`mow every day (usually to one and an eighth inches, sometimes one and a quarter), a task that takes up to three people anywhere from 45 minutes to 2 1/2 hours. He
`changes patterns roughly every homestand to prevent grass from permanently leaning in one direction. All groundskeepers constantly worry about ''snaking,'' where a
`ball rolling in the outfield veers because of the grain of the grass.
`
`''Safety and playability are always my first priority,'' Mellor said, a mantra he repeats frequently.
`
`Mike Boekholder, the head groundskeeper for the Phillies, etches camera-friendly patterns like diamonds and checks at Citizens Bank Ballpark.
`
`''It's completely an aesthetic issue,'' he said. ''It's never going to enhance the play on the field.''
`
`Mellor stepped into the afternoon at Fenway Park last week through a portal on the third-base side -- ''Literally, every day I walk out here I get goosebumps,''

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket