"TRAFFIC"
Applicant claims exclusive right to use the mark in all areas of the United States except for Eastern Pennsylvania, Central and Southern New Jersey, and Delaware (the "Greater Philadelphia Region"). Applicant's exclusive rights are possibly subject only to the claimed concurrent use in the Greater Philadelphia Region by Metro Networks Communications, Inc., a Maryland corporation doing business at 2800 Post Oak boulevard, Suite 4000, Houston, Texas 77056, which currently claims to be using the service mark SHADOW TRAFFIC in connection with placing advertisements for others; arranging for television and radio advertising time for others; and broadcasting of traffic and transit information. Metro Networks Communications, Inc. is the owner of application Serial No. 75/482,176 for said mark, filed on May 8, 1998. In its application, Metro Networks Communications, Inc. claims use of said mark in connection with its services since 1976 by applying it to promotional materials for the services, such as magazines, brochures and print advertisements, subject to unspecified rights of unidentified junior users. Whether Metro Networks Communications, Inc. has valid trademark rights with priority back to 1976 is the subject of a pending cancellation proceeding currently on appeal before the U.S. Court of Appeals for the Federal Circuit..
Trademark: 75535754
