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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
GECKO TRADING COMPANY, INC. Opposer, v. BARKING PENGUINS, LLC Applicant.
Opposition No. 91179089 Application Serial No. 78818325 Mark: FROM THE GECKO
APPLICANT’S MOTION FOR SUMMARY JUDGMENT ON OPPOSER’S CLAIMS OF
DILUTION AND LIKELIHOOD OF CONFUSION
Pursuant to Fed. R. Civ. P. 56 and TBMP § 528, and for the reasons set forth in the
attached Memorandum, applicant Barking Penguins, LLC hereby moves for summary judgment
on each of opposer Gecko Trading Company Inc.’s claims in the Notice of Opposition to
Application Serial No. 78818325 on the grounds that no reasonable trier of fact could find that
Applicant’s mark is likely to dilute Opposer’s mark, and on the grounds that no reasonable trier
of fact could find that Applicant’s mark is likely to cause confusion as to the source of
Applicant’s and Opposer’s respective goods.
Dated the 1st of July, 2008.
Respectfully Submitted,
BARKING PENGUINS, LLC
By:__________________________ Erik M. Pelton Christopher R. Shiplett ERIK M. PELTON & ASSOCIATES, PLLC PO Box 100637 Arlington, VA 22210 (p) 703-525-8009 (f) 703-525-8089 Attorneys for Applicant
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
GECKO TRADING COMPANY, INC. Opposer, v. BARKING PENGUINS, LLC Applicant.
Opposition No. 91179089 Application Serial No. 78818325 Mark: FROM THE GECKO
APPLICANT’S MEMORANDUM IN SUPPORT OF ITS MOTION FOR SUMMARY
JUDGMENT ON OPPOSER’S CLAIMS OF DILUTION AND LIKELIHOOD OF CONFUSION
I. INTRODUCTION
Barking Penguins, LLC (“Applicant”), a Florida company, develops children’s board
games. See Declaration of Cynthia Jones-Whitcher attached as “Exhibit A.” One of those board
games, titled “FROM THE GECKO,” is an instructional puzzle game that teaches children to
count in English, Spanish, Italian, and Chinese by putting together puzzle pieces containing
numbers in all four languages. Id. Applicant promotes its FROM THE GECKO game as
“especially designed for kids to have a blast while learning, laughing, and making decisions.”
See FROM THE GECKO Product Packing Images attached as “Exhibit N.” In September 2006,
Applicant filed an application for a federal registration of the FROM THE GECKO trademark
for “board games and puzzles.” Application Serial No. 78818325.
Gecko Trading Company (“Opposer”), a Hawaii corporation, sells primarily clothing and
beach accessories under a “surf lifestyle” brand. See Opposer’s Response to Request for
Production attached as “Exhibit B” at TBR 310-14, 318-24. Opposer markets its GECKO brands
as “big surf” brands that “communicate performance, fitness, dependability, and value.” Id. In
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 2
furtherance of its business strategy, Opposer has registered or been assigned the Federal
Trademarks for the terms GECKO, MAUI GECKO, and GECKO HAWAII for clothing items
and other related goods. First Amended Notice of Opposition, ¶¶ 5-19.
In August 2007, Opposer filed a Notice of Opposition claiming that Opposer’s marks are
famous, Applicant’s mark dilutes the fame of those marks, and Applicant’s mark is likely to
cause confusion with Opposer’s common law rights and registered marks. Id. at ¶¶ 23-25.
Applicant now files this Motion for Summary Judgment on both of Opposer’s claims.
Summary judgment should be granted where the movant has shown there is no genuine
issue of material fact and that it is entitled to judgment as a matter of law. Fed. R. Civ. P. 56 (c);
Sweats Fashions, Inc. v. Pannill Knitting Co., 4 USPQ2d 1793, 1797 (Fed. Cir.1987). It is the
movant’s burden to demonstrate no issue of material fact and entitlement to judgment. Celotex
Corp. v. Catrett, 477 U.S. 317, 324 (1986). The movant can meet that burden either by
producing affirmative evidence supporting its case or by demonstrating an absence of evidence
supporting the non-movant’s case. Id; Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986);
Copelands’ Enterprises Inc. v. CNV Inc., 20 USPQ2d 1295, 1298 (Fed. Cir. 1991).
Opposer makes two claims in support of its allegation that registration of Applicant’s
mark would cause it damage: 1) Registration would dilute the distinctive quality of Opposer’s
GECKO marks; First Amended Notice of Opposition, ¶¶ 25; and 2) Registration would be likely
to cause confusion with Opposer’s GECKO marks. Id. at ¶¶ 23. However, as described below,
Opposer has not provided evidence supporting its claims and, regardless of the evidence, cannot
prevail on those claims. Opposer’s own evidence demonstrates that its marks are not famous.
Opposer’s own evidence demonstrates that, even assuming its marks were famous, registration of
Applicant’s mark is not likely to dilute Opposer’s marks. Opposer’s own evidence shows that
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 3
registration of Applicant’s mark is not likely to lead to consumer confusion as to the source of
Opposer’s and Applicant’s respective goods.
Because Opposer cannot prevail on either of its claims, Applicant respectfully moves the
Board to grant summary judgment to Applicant on Opposer’s claim of dilution, to grant
summary judgment to Applicant on Opposer’s claim of likelihood of confusion, and to dismiss
the Opposition with prejudice.
II. NO REASONABLE TRIER OF FACT COULD FIND THAT APPLICANT’S MARK DILUTES OPPOSER’S MARKS
The undisputed evidence shows that Opposer’s marks are not famous, and even if they
are famous, Applicant’s mark does not dilute Opposer’s marks. No reasonable trier of fact could
conclude that Applicant’s mark dilutes Opposer’s marks. None of the facts and evidence would
prove or disprove Opposer’s dilution claim are disputed, and, as described below, Applicant is
entitled to judgment as a matter of law. Therefore, Applicant is entitled to summary judgment on
Opposer’s claim of dilution.
A. Statement of Undisputed Facts Material to Dilution
The following undisputed facts prove that Opposer’s marks are not famous, and that even
assuming Opposer’s marks are famous, Applicant’s mark is not likely to dilute Opposer’s marks:
1. Opposer, according to the documents it produced, has never sold more than $12
million annually in connection with the marks it claims are famous. See
Opposer’s Response to Request for Production attached as “Exhibit C” at TBR
476-91.
2. Opposer has never spent more than $80,000 in annual advertising. See
Opposer’s Response to Request for Production attached as “Exhibit D” at TBR
475.
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 4
3. Opposer, during the time it claims its marks are famous, has captured at most
1/10th of 1 percent of the 1 billion dollar surf-wear industry. See Exhibit C and
Opposer’s Response to Request for Production attached as “Exhibit E” at TBR
492.
4. Opposer is not one of the top four surf-wear manufacturers in revenue. Id.
5. In the entire history of the GECKO, MAUI GECKO, and GECKO HAWAII
marks, they have been mentioned only twice in the media. See Opposer’s
Response to Request for Production attached as “Exhibit F” at TBR 684-91,
708.
6. Applicant’s mark FROM THE GECKO is not identical to Opposer’s marks
GECKO, MAUI GECKO, and GECKO HAWAII.
B. Trademark Dilution Standard
Trademark dilution is an “extraordinary remedy” available only to singularly famous
marks so widely recognized that they are at risk of blurring or tarnishment even from
noncompeting marks. Advantage Rent-A-Car Inc. v. Enterprise Rent-A-Car Co., 57 USPQ2d
1561, 1563 (5th Cir. 2001). To succeed in a claim of dilution, an Opposer must prove its mark is
famous and distinctive for dilution purposes, the mark became famous and distinctive prior to the
filing date of Applicant’s registration, and there is a likelihood of blurring or tarnishment.
Lanham Act §43(c)(1). The evidence of record clearly supports the conclusion that Opposer’s
marks are not and have never been famous and distinctive, and even assuming Opposer’s marks
were famous, there is no likelihood Applicant’s mark will blur or tarnish Opposer’s marks.
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 5
C. Opposer’s Marks Are Not Famous and Distinctive
The standard for fame and distinctiveness under dilution law is higher than the standard
for fame for likelihood of confusion purposes. 7-Eleven, Inc. v. Lawrence I. Wechsler, 83
USPQ2d 1715, 1721 (TTAB 2007). To be eligible for dilution protection, a mark owner must
prove the mark is famous and distinctive to the “general consuming public.” 15 U.S.C.
§1125(c)(2)(A). A mark is famous and distinctive for dilution purposes if “the mark has become
the principal meaning of the word.” Toro Co. v. ToroHead Inc., 61 USPQ2d 1164, 1180 (TTAB
2001) (“The mark owner must demonstrate that the common or proper noun uses of the term and
third party uses of the mark are now eclipsed by the owner’s use of the mark”). To prevail on
dilution, an Opposer must show that when the general public encounters the Opposer’s mark, in
almost any context, they associate it with the Opposer. Id.
1. Opposer’s Low Sales and Lack of Market Share Prove Opposer’s Lack of Fame
Even when owners of marks generate hundreds of millions or even billions of dollars in
annual sales, merely showing that a mark is a top-selling brand is not sufficient to show that it is
famous. Id. at 1181. Instead, the law requires direct evidence of a transformation from a merely
strong mark to a “truly famous” mark, such as recognition by the other party, intense media
attention, or surveys showing widespread consumer recognition of the mark. Id. For example,
the TTAB found the TORO mark was not famous and distinctive for dilution purposes despite
$1.3 billion in annual sales, tens of millions of dollars in annual advertising, sales in
approximately 2,500 retail outlets nationwide, high profile sponsorships, and recognition as a
leader within its industry. Id. at 1170. Owners of marks that were found to be famous and
distinctive for dilution purposes provided additional evidence of significance to the general
public. See NASDAQ Stock Market, Inc. v. Antartica, S.R.L., 69 USPQ2d 1718 (TTAB 2003)
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 6
(where NASDAQ presented evidence of “countless” references to its mark in third party
publications, as well as, survey data showing wide recognition even to non-investors); 7-Eleven,
83 USPQ2d at 1723 (Opposer presented numerous articles in which the BIG GULP was
recognized as a “symbol of American culture,” and survey data showing 67 percent unaided
recognition of the mark among people who did not frequent Opposer’s 7-Eleven stores).
In the present case, Opposer has failed to provide any evidence that would allow a
reasonable fact finder to conclude that the GECKO marks are famous and distinctive. Opposer
reports no more than $12 million in annual sales and approximately $80,000 in cooperative
advertising expenditures per year. Exhibit C at TBR 480-89; Exhibit D at TBR 475. The limited
scale of Opposer’s sales and advertising alone place Opposer’s marks outside the select group of
“truly famous” marks which are candidates for dilution protection, such as BIG GULP, which
had $180 million per year in sales and TORO, which sales were more than 100 times greater than
Opposer’s. 7-Eleven, 83 USPQ2d at 1718; Toro, 61 USPQ2d at 1170.
Opposer has also not established wide recognition as a leader in its field. Indeed,
Opposer’s own evidence demonstrates that it is far from a leader in the “surf lifestyle” and
clothing market. In respose to request for production, Opposer submitted the article “Analysis of
Growth for U.S. Surfwear Market,” showing that Opposer’s GECKO brands have been and
continue to be a relatively small player in its field. Exhibit E. The article lists sales for several
surf-wear manufacturers for 1987, when total surf-wear industry sales were $1 billion. Id. Even
in Opposer’s best reported year between 1987 and today (2001), Opposer barely achieved a mere
1/40th of the $402 million in 1987 sales of the industry leader at that time. Id. Since 1987,
overall sales in the surf industry have increased by more than a factor of six, to $6.52 billion in
2004 and $7.48 billion in 2006. SIMA: No Slowing Down for Surf Industry,
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 7
http://www.sima.com/4-news-news_detail.aspx?id=40 (last accessed June 13, 2008) (“Exhibit
G”). Opposer’s brand is no more than a small player in the surf industry, and is clearly not a
famous brand.
2. Opposer’s Marks Lack Widespread Third-Party Recognition and Therefore Are Not Famous
Opposer has not provided, and cannot provide, evidence of the quantum and quality
necessary to establish that its GECKO marks are “truly famous” marks. Opposer has not
provided evidence of widespread third party media recognition or any other evidence of the
intense media attention necessary to show that Opposer’s GECKO brands are famous. See
Opposer’s Response to Request for Production attached as “Exhibit H” at 10; Toro, 61 USPQ2d
at 1181. Opposer’s sole evidence of genuine third party recognition consists of two travel
reviews of Opposer’s Maui boutique. Exhibit F at TBR 684-91, 708. . Opposer has produced no
other evidence of third party media recognition and has not conducted any surveys
demonstrating the public’s perception of the GECKO marks. Exhibit H at 12 (Response to
Request No. 18). Without this evidence, of the type and quality demanded by the Board in Toro,
7-Eleven, and NASDAQ, no reasonable finder of fact could conclude that Opposer’s GECKO
marks are famous and distinctive. Consequently, Opposer’s claim of dilution should be
dismissed on summary judgment.
D. There is No Likelihood of Dilution Because Applicant’s Mark is Not Substantially Similar To Opposer’s Marks
Even if Opposer’s evidence was found sufficient to satisfy the heightened standard of
fame and distinctiveness required for dilution, the differences in the marks themselves are such
that Opposer’s dilution claim must fail.
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 8
Dilution requires more than merely confusing similarity between two marks; the marks
must be “identical or very or substantially similar.” Carefirst of Maryland, Inc. v. FirstHealth of
the Carolinas, Inc., 77 USPQ2d 1492 (TTAB 2005) (citing Toro, 61 USPQ2d at 1183). An
Opposer must demonstrate that the marks are “similar enough that a significant segment of the
target group sees the two marks as essentially the same.” Luigino’s, Inc., v. Stouffer Corp., 50
USPQ2d 1047, 1051)(8th Cir. 1999) (quoting 2 McCarthy on Trademarks and Unfair
Competition, §24:90.1). Marks are not “essentially the same” when non-trivial features result in
a different look and sound of a mark, therefore for dilution the differences between the marks are
often significant. See Toro, 61 USPQ2d at 1183; see also 7-Eleven 83 USPQ2d at 1723; Mead
Data Central, Inc. v. Toyota Motor Sales, U.S.A., Inc., 10 USPQ2d 1961, 1964.
Applicant’s mark and Opposer’s marks contain a common term; in this case the word
GECKO. However, Applicant’s mark includes the words FROM THE at the beginning of the
mark, and is thus not substantially similar in appearance or sound. The phrase FROM THE
GECKO suggests the phrase “from the get-go,” meaning “from the beginning,” a reference to the
early-childhood education focus of Applicant’s counting puzzle. Merriam-Webster Online,
http://www.merriam-webster.com/dictionary/get%20go, (the very beginning—used in the phrase
“from the get-go”) attached as Exhibit I. Applicant’s mark is different from Opposer’s marks in
appearance and sound, and is different in meaning as well. This difference in meaning is such
that Applicant’s mark creates a unique and different commercial impression than Opposer’s
marks.
Consequently, there is no question of material fact in dispute as to the similarity of the
marks. The clear differences in the appearance, sound, meaning, and commercial impressions of
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 9
the marks entitle Applicant to judgment as a matter of law, and summary judgment in favor of
Applicant is appropriate.
E. Conclusion
Opposer has not produced evidence sufficient to create an issue of material fact on its
claim of dilution. Even when viewing the evidence produced in the light most favorable to
Opposer, Opposer’s marks are not famous, and even if Opposer’s marks were considered
famous, Applicant’s mark is not substantially similar to Opposer’s marks. For those reasons,
Applicant respectfully requests that the Board enter summary judgment in its favor on Opposer’s
claim of dilution and dismiss the claim with prejudice.
III. NO REASONABLE TRIER OF FACT COULD FIND A LIKELIHOOD OF CONFUSION AS BETWEEN APPLICANT’S MARK AND OPPOSER’S MARKS
Opposer has presented little or no evidence to support its claim that registration of
Applicant’s mark will cause confusion with Opposer’s marks. The undisputed evidence
demonstrates that the goods are different, the marks are different, Opposer’s marks are not
famous, and no other likelihood of confusion factor outweighs the clear differences between the
respective goods and between the respective marks. On the evidence presented, no reasonable
trier of fact could conclude that Applicant’s mark is likely to cause source confusion with the
goods represented by Opposer’s marks. There are no facts in dispute relevant to the presence or
absence of a likelihood of confusion between the marks, and, as described below, Applicant is
entitled to summary judgment on Opposer’s claim of likelihood of confusion.
A. Statement of Undisputed Facts Material to Likelihood of Confusion
The following undisputed facts prove that registration of Applicant’s mark is not likely to
cause consumer confusion as to the relative source of Applicant’s and Opposer’s respective
goods:
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 10
1. Applicant’s mark FROM THE GECKO differs from Opposer’s marks GECKO,
MAUI GECKO, and GECKO HAWAII in appearance, sound, and meaning.
2. Applicant’s goods are “board games, puzzles.” Application Serial No.
78818325.
3. Opposer’s goods under GECKO are “Clothing, namely shirts, dresses,
sweatsuits, hats, shorts, skirts and shoes; textile tote bags and duffle bags; retail
and wholesale stores featuring apparel, beach products, stuffed dolls and
novelty items; skin cleansing soaps and gels, bubble bath, cosmetics, namely,
body lotions, skin moisturizers, after-sun lotions, hair products, namely, hair
lotions, hair shampoos, hair conditioners, and essential oils for personal use;
sunglasses, eyeglasses, eyeglass cases, eyeglass straps to attach to eyeglasses;
towels; sporting goods, namely, snowboards, surfboards, skateboards and in-
line skates; jewelry, clocks, watches; beverage glassware, mugs, plates; toys,
namely, stuffed toy animals and flying disks; clothing; namely, pajamas; cigars,
cigarettes, and smoking accessories, namely, cigarette and cigar lighters not of
precious metal, cigar holders not of precious metal, pipe cleaners, cigar
humidors, cigar cutters, cigarette holders not of precious metal, and rolling
papers. Reg. Nos. 1510173, 1512691, 1943766, 2049055, 2260689, 2308720,
2347417, 2446676, 2453448, 2463090, 1903602, and 2482688. (collectively
with Registration Nos. 1514657 and 2287612, “Opposer’s Registrations”).
4. Opposer’s goods under MAUI GECKO are clothing, namely shirts, dresses,
sweatsuits, hats, shorts, skirts and shoes. Reg. No. 1514657.
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 11
5. Opposer’s goods under GECKO HAWAII are clothing; namely, shirts, dresses,
sweatsuits, hats, shorts, skirts and shoes; towels. Reg. No. 2287612.
6. Opposer’s goods are not board games or puzzles. See Opposer’s Response to
Applicant’s First Set of Interrogatories attached as “Exhibit J” at 13 (Response
to Interrogatory No. 17).
7. The goods of the parties are not identical or overlapping.
8. Opposer’s documents indicate no more than $12 million worth of goods sold
annually in connection with its involved marks. Exhibit C at TBR 480-489.
9. Opposer has never spent more than $80,000 in annual advertising. Exhibit D.
10. Numerous third parties use the mark GECKO to identify themselves as a source
of goods Opposer claims to sell exclusively. See Third-Party Use of GECKO
On Goods Related to Opposer’s attached as “Exhibit K.”
11. At least three third parties have registered marks containing the word GECKO
for goods related to Opposer’s and maintain web sites promoting those goods.
See Third-Party Use Of GECKO For Which There Is Also A Federal
Trademark Registration attached as “Exhibit M;”See Third-Party Registrations
For GECKO For Goods Related to Opposer’s attached as “Exhibit L.”
12. Opposer has no plans for expansion of its lines of goods. Exhibit J at 11
(Response to Interrogatory No. 13).
13. Opposer has never used GECKO or a variant thereof on board games or
puzzles. Id. at 13 (Response to Interrogatory No. 17).
14. Opposer has no evidence of actual confusion with Applicant’s mark Exhibit H
at 16 (Response No. 23).
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 12
B. Applicant’s Mark is Not Likely To Cause Confusion As To The Source Of Applicant’s and Opposer’s Respective Goods
Even in the light most favorable to opposer, no reasonable trier of fact could conclude
that Applicant’s FROM THE GECKO mark is likely to cause confusion with Opposer’s
GECKO, MAUI GECKO, and GECKO HAWAII marks. The test for likelihood of confusion at
the Board is the DuPont test. In re E.I. DuPont DeNemours & Co., 476 F.2d 1357, 1361 (CCPA
1973). While all twelve factors of the DuPont test may be considered in any one instance, one or
a small number of factors may be determinative. See generally In re Majestic Distilling Co., 315
F.3d 1311, 1315 (Fed. Cir. 2003); In re Dixie Rests., 105 F.3d 1405, 1406 (Fed. Cir. 1997); Nina
Ricci S.A.R.L. v. E.T.F. Enters., Inc., 889 F.2d 1070, 1073 (Fed. Cir.1989).
Here, there are significant differences between Applicant’s mark and Opposer’s marks,
and between Applicant’s goods and Opposer’s goods. Under the DuPont standard, the
differences in the marks presented, the differences in the goods, the weakness of the GECKO
component of Opposer’s marks, and Opposer’s lack of any evidence on any other factor proves
that Applicant is entitled to judgment as a matter of law and therefore summary judgment in
favor of Applicant is appropriate.
1. The Marks Are Not Similar
Opposer alleges its marks GECKO, MAUI GECKO and GECKO HAWAII are
confusingly similar to Applicant’s mark FROM THE GECKO. Marks containing common
elements are not likely to be confused if: “the marks in their entireties convey significantly
different commercial impressions.” See, e.g., Shen Manufacturing Co. v. Ritz Hotel Ltd., 393
F.3d1238 (Fed. Cir. 2004). In addressing the commercial impression of the marks, the question
is whether the appearance, sound, or meaning indicates a likelihood of confusion. Sure Fit Prods.
Co. v. Saltzson Drapery Co., 254 F.2d 158, 160 (CCPA 1958). All three criteria must be
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 13
carefully examined to reach a well grounded conclusion based on the specific facts of the case,
but no one factor is dominant in mandating a finding of likelihood of confusion. Id. (differences
in sound and appearance between RITE-FIT and SURE-FIT both for slip covers were found to
outweigh similarity in meaning). Here, there are significant differences between the marks in
sight, sound, and meaning.
a. The marks are not alike in their appearance
Similarities in appearance can be found when the similarities are such that the marks,
though different, have common features which are likely to cause consumers to assume the
goods originate from a single source.
Here the marks of Applicant and Opposer contain the word GECKO. Applicant’s mark
begins with the additional words FROM THE. Opposer has registered the related marks
GECKO, GECKO HAWAII, and MAUI GECKO. The words FROM THE in Applicant’s mark
significantly change the appearance of the mark, making it a three word phrase as compared to
Opposer’s marks which consist of the single word GECKO, or a combination word and
geographic location, such as MAUI GECKO, or GECKO HAWAII.
b. The marks do not sound alike
The marks are not phonetically similar. FROM THE GECKO sounds different from
GECKO, GECKO HAWAII, and MAUI GECKO.
c. The marks do not have the same meaning
Applicant’s mark sounds like a creative twist on the popular phrase “from the get-go,”
meaning from the beginning. Exhibit I. Applicant’s board game is a tool for teaching numbers
in four different languages. Exhibit A. When Applicant’s mark is used on Applicant’s children’s
teaching games, the phrase connotes a product that allows children to learn foreign languages
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 14
right “from the beginning,” or “from the get-go.” Opposer’s marks have no similar connotation
when used in conjunction with Opposer’s goods, a factor that weighs heavily in Applicant’s
favor. See Colgate-Palmolive Co. v. Carter-Wallace, Inc., 432 F.2d 1400, 1401 (CCPA 1970)
(Finding no likelihood of confusion because of differences in meaning when “PEAK PERIOD”
was used for deodorant and “PEAK” was used for toothpaste. The presence of the common term
“PEAK” alone was not sufficient to cause a likelihood of confusion).
d. The marks have different commercial impressions.
In Shen Manufacturing Co., the Federal Circuit found that marks RITZ and THE RITZ
KIDS had clearly different meanings and, as such, would not cause source confusion, in spite of
their common material. Shen, 393 F.3d at 1238. Here, Applicant’s mark and Opposer’s marks
create entirely different commercial impressions. Each of Opposer’s GECKO marks create the
commercial impression of a whimsical and hip surf wear company. Opposer’s licensing
brochure states “Gecko Hawaii licensing allows you to gain access to the fast growing surf
market…” Exhibit B at TBR 310. Its licensing literature has a beach theme, with a gecko lizard
engaging in various beach activities. Id. This creates a markedly different commercial impression
from Applicant’s mark.
Applicant’s board game emphasizes children’s learning. The packaging states FROM
THE GECKO is a puzzle and game “designed for kids to have a blast while learning, laughing,
and making decisions,” and is designed in primary colors. Exhibit N. The phrase FROM THE
GECKO creatively mirrors the phrase “from the get-go,” meaning from the beginning. When
applied to Applicant’s foreign language learning games for children, the mark conjures the image
of children learning foreign languages “from the get-go.”
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 15
Because Applicant’s mark is a creative play on the early childhood learning emphasis of
Applicant’s products, while Opposer’s marks represent a “big surf” style clothing and
accessories brand, each creates a unique commercial impression.
e. The differences in appearance, sound, meaning and commercial impression eliminate any likelihood of confusion
Applicant’s mark as a whole is entirely different from Opposer’s marks in appearance,
sound, meaning, and commercial impression. In spite of the material common between
Applicant’s mark and Opposer’s marks, the substantial differences in the marks in appearance
and meaning create distinct commercial impressions such that confusion as to the source of the
respective parties’ goods is not likely.
2. The Goods Are Not Similar
Evaluation of the differences in the goods requires a determination of whether the goods
are sufficiently related in a commercial sense that consumers would be likely to attribute them to
the same source. Kellogg Co. v. Pack’Em Enterprises, Inc., 951 F.2d 330, 333 (Fed. Cir. 1991).
Applicant’s FROM THE GECKO application is for board games and puzzles.
Application Serial No. 78818325. Opposer has registered its marks GECKO, GECKO HAWAII,
or MAUI GECKO for significantly different goods. See Opposer’s Registrations attached to
Amended Notice of Opposition. Opposer’s registrations cover a variety of apparel, tote and duffle
bags, skin cleansing soaps and gel, sunglasses, eyeglasses, towels, sporting goods, and jewelry.
Id.
Consumers would not be led to believe one source produced both products. None of
Opposer’s goods are games or board games. Id. Opposer states that it has never used its GECKO
marks specifically in relation with Applicant’s designated goods. Exhibit J at 13 (Response to
Interrogatory No. 17). Opposer has no immediate plans to expand its goods to different types of
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 16
products. Id. at 11 (Response to Interrogatory No. 17). Furthermore, Opposer has no evidence of
any instances of actual confusion between the marks of the parties. Exhibit H at 16 (Response to
Request No. 23). It is not likely consumers would think the goods emanate from the same source
because Opposer does not manufacture board games or any product related to board games.
3. Opposer’s Marks Are Not Famous
Opposer contends that its mark GECKO is famous based on its use of the mark for more
than twenty (20) years, its numerous licensees and retail distributers, its and its licensee’s
nationwide advertising of its products, and its ownership of numerous federal registrations of its
mark GECKO for various goods. Id. at 13 (Response to Request No. 18).
There are two primary criteria under which the Board assesses the fame or strength of a
mark for DuPont purposes: (1) the intrinsic strength or distinctiveness of a mark and (2) the
extent to which the mark has acquired strength through use and promotion in the marketplace.
Opposer’s marks have not become known to users through extensive use and promotion
over time and should not be afforded broad protection. The fame of a mark is measured by the
volume of sales, advertising expenditures of the goods bearing the mark, and by the length of
time the mark has been actively used in the marketplace. Bose Corp. v. QSC Audio Prods., 293
F.3d 1367, 1371 (Fed. Cir. 2002) (collecting representative cases with listings of sales and
advertising figures.) Fame can also be proven with direct evidence of a consumer survey
measuring brand recognition. Id. at 1374. Mere length of time in use does not by itself establish
consumer awareness of the mark, such that the mark can be found to be famous. See General
Mills Inc. v. Health Valley Foods, 24 USPQ2d 1270, 1277 (TTAB 1992). Opposer has presented
limited evidence of long use, and evidence that these goods are available through its own retail
stores and specialty stores with no indication of how long the goods have been sold in the
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 17
different channels of trade. Such evidence is not sufficient to establish public recognition of
Opposer’s mark. See Toro, 61 USPQ2d at 1170. Further, Opposer admits that no survey exists
measuring the public’s recognition of or reaction to Applicant’s mark, nor did Oposer provide
evidence of the public’s or trade’s recognition of or reaction to Opposer’s marks. Exhibit H at 13
(Response to Request No. 18).
Opposer’s evidence related to its volume of sales and advertising does not support its
allegations of fame. The most comprehensive evidence provided shows that sales from
Opposer’s biggest licensee in 2001 totaled nearly $10 million. Exhibit C at 480-89. Opposer has
not provided any evidence of recent sales history that indicates that it or its licensees continue to
gross similar sales. Opposer’s advertising figures are even smaller than its meager sales figures.
Opposer provides figures of a two year time span from one licensee. In cooperative advertising,
it spent $73,435.32 in 2001 and $78,430.98 in 2002, for a total of $151,866.30 over two years.
Exhibit D. Opposer’s sales and advertising amounts are minute when compared against sales
and advertising numbers in previous findings of fame. See, e.g., Nina Ricci, 889 F.2d at 1072
(NINA RICCI: $200 million in sales, over $37 million in advertising over 27 years); Kimberly-
Clark Corp. v. H. Douglas Enter., Ltd., 774 F.2d 1144, 1146-47, 227 USPQ 541, 542
(Fed.Cir.1985) (HUGGIES: over $300 million in sales over 9 years, $15 million in advertising in
one year); Specialty Brands Inc. v. Coffee Bean Distribs., Inc., 748 F.2d 669, 674-75, 223 USPQ
1281, 1284 (Fed.Cir.1984) (SPICE ISLANDS: $25 million annually in sales for spices, $12
million between 1959 and 1981 for tea, "several million" in advertising, in use for 40 years);
Giant Food, Inc. v. Nation's Foodservice, Inc., 710 F.2d 1565, 1567-68, 218 USPQ 390, 392-93
(Fed.Cir.1983) (GIANT FOOD: sales over $1 billion in one year, "considerable amounts of
money" in advertising, 45 years use); Planters Nut & Chocolate Co. v. Crown Nut Co., 50
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 18
C.C.P.A. 1120, 305 F.2d 916, 917-18, 134 USPQ 504, 506 (CCPA 1962) (MR. PEANUT
DESIGN: $350 million in sales, $10 million in advertising over 10 years). See also, discussion
of fame and dilution above.
The evidence overwhelmingly demonstrates that Opposer’s GECKO marks are not
famous, and no facts alleged by Opposer could overcome this uncontroverted evidence.
4. Opposer’s Marks Should Be Granted a Narrow Scope of Protection
Opposer’s marks should be subject to a narrow scope of protection because there is
significant third party use of GECKO on a variety of goods. Wide spread third party use of a
term on related goods tends to show the weakness of the asserted mark. See Olde Tyme Foods,
Inc. v. Roundy’s, Inc., 961 F.2d 200, 204 (Fed. Cir. 1992). Here, at least thirty-eight (38)
unrelated companies use a variation of the word GECKO to identify goods in which Opposer
claims exclusive rights. See Exhibit K. For example, brand names such as TWISTED GECKO
CLOTHING, DANCING GECKO HAWAII, and SILVER GECKO are used for clothing.
Exhibit K at K1- K3. Brand names such as HOUSE OF GECKO are used for surf-wear. Id. at
K4. GECKO MASSAGE SUPPLY and SILVER GECKO are used for lotions and oils while
GECKO THEME SOAPS is used for soaps. Id. at K5-K7. GECKO TRADERS, INC., GECKO
BAG, and GECKO BAG by BILLABONG are used for handbags and tote bags. GECKO
DECKS, GECKOBOATS, and GECKO, KEEP YOUR HEAD are used for skateboards, surf
kayaks, and surf and skate helmets, respectively. Id. at K8-K13. GECKO GLASS is used for
glass-wear, and used separately by a different company for retail sales of eyewear. Id. at K14.
FROM THE GECKO BOUTIQUE is used for fashion consulting. Id. at K15.
Some of the third-parties who use the mark on related goods have also been granted federal
trademark registrations for those goods. For example, SARGECKO, Reg. No. 3094418 for “soft
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 19
stuffed toy animal made to resemble the gecko lizard,” GECKO GREASE, Reg. No. 2536705 for
“lip balm,” and GECKO GLASS, Reg No. 2572882 for “glass, namely, colored glass panels” all
are currently subsisting registrations that are in actual use in commerce. See Exhibits L, M.
Given the overwhelmingly wide spread third-party use of variations on the term GECKO for
most if not all of the products in which Opposer claims exclusive rights, Opposer cannot
realistically claim strength in its mark, even under the lower standard imposed at summary
judgment.
5. No Other Likelihood of Confusion Factor Outweighs the Dissimilarity in the Marks and the Goods
Given the clear differences between the marks and the goods of the parties, no other
DuPont factors are material to a decision of likelihood of confusion. No potential similarity in
channels of trade outweighs the differences in the goods and marks. Opposer alleges its goods
are sold through nationwide department stores, mid tier stores, surf shops, boutiques, and the
internet. Exhibit J at 7 (Response to Interrogatory No. 6). Even weighing similarities in the
channels of trade and any other factor in the light most favorable to Opposer, the differences
between the marks and the goods outweigh all other factors.
C. There is No Likelihood of Confusion
The marks are different and the goods are different. Opposer’s marks are not famous.
The material common between the marks is widely used by third parties. Opposer cannot show
any evidence to upset the clear conclusion that it is highly unlikely that consumers will be
confused as to the source of Applicant’s and Opposer’s respective goods when marketed under
their respective marks. No other factor, even weighed in the light most favorable to Opposer,
outweighs the differences in the marks and the goods.
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 20
IV. CONCLUSION
The goal of summary judgment is to “test the sufficiency of the evidence,” and quickly
decide cases in which one side has made claims and then failed to present evidence to support
those claims. See e.g., Dyneer Corp. v. Automotive Products plc, 37 USPQ 1251, 1254 (TTAB
1995). Such a decision is appropriate here. Opposer has made a number of claims, including
that it is a famous mark, a mark that is, like the BIG GULP, “a symbol of American culture.” 7-
Eleven, 83 USPQ2d at 1723. In spite of the grand claims in its Opposition, Opposer has failed to
produce any evidence of fame, dilution, or likelihood of confusion. Given the significant
differences between the parties’ marks and goods, Opposer has not created a triable issue of fact
on its claims of dilution and likelihood of confusion. Wherefore, Applicant respectfully requests
that the Board enter summary judgment dismissing each of Opposer’s claims, and dismissing the
Opposition with prejudice.
Dated the 1st of July, 2008.
Respectfully Submitted, BARKING PENGUINS, LLC By:__________________________ Erik M. Pelton Christopher R. Shiplett ERIK M. PELTON & ASSOCIATES, PLLC PO Box 100637 Arlington, VA 22210 (p) 703-525-8009 (f) 703-525-8089 Attorneys for Applicant
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 21
CERTIFICATE OF SERVICE
I hereby certify that true copies of the Applicant’s Motion for Summary Judgment on Opposer’s Claims of Dilution and Likelihood of Confusion were deposited as First Class mail with the United States Postal Service on July 1, 2008, to Counsel for Opposer at the following address:
Bruce B. Brunda Stetina Brunda Garred & Brucker 75 Enterprise Ste 250 Aliso Viejo, CA 92656
By: Erik M. Pelton, Esq.
Opposition 91179089: Applicant’s Motion for Summary Judgment and Memorandum p. 22
EXHIBIT INDEX
Declaration Authenticating Internet Evidence Unlettered
Declaration of Cynthia Jones-Whitcher Exhibit A
Opposer’s Documents TBR 310-314, and 318 - 324 Exhibit B
Opposer’s Documents TBR 476-491 Exhibit C
Opposer’s Document TBR 475 Exhibit D
Opposer’s Document TBR 492 Exhibit E
Opposer’s Documents TBR 684-691, 708 Exhibit F
SIMA: No Slowing Down for Surf Industry Exhibit G
Opposer’s Response to Applicant’s Request for Production of Documents or Things
Exhibit H
Get-Go, Merriam-Webster Dictionary Online Exhibit I
Opposer’s Response to Applicant’s Interrogatories Exhibit J
Third-Party Use of GECKO on goods related to Opposer’s Exhibit K
Third-Party Registrations for GECKO for goods related to Opposer’s
Exhibit L
Third-Party Use of GECKO for which there is also a Federal Trademark Registration
Exhibit M
FROM THE GECKO Product Packaging Images Exhibit N
OPPOSITION NO. 91179089 MOTION FOR SUMMARY JUDGMENT ON OPPOSER’S CLAIMS OF
DILUTION AND LIKELIHOOD OF CONFUSION
Declaration Authenticating Internet Document Exhibits
DECLARATION AUTHENTICATING INTERNET DOCUMENT EXHIBITS
Serial No: 78818325 Mark: FROM THE GECKO Applicant: BARKING PENGUINS, LLC The undersigned, being hereby warned that willful false statements and the like so made
are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements may jeopardize the validity of the application or any resulting registration,
declares:
I am a law clerk with the firm Erik M. Pelton & Associates, PLLC. The firm is Counsel
for Applicant.
On or about June 13, 2008, I conducted internet research regarding third party uses of
marks similar to Opposer’s mark, market data for the surf-wear industry, and dictionary
definitions for a component of Applicant’s mark.
As a result of the above research, I viewed certain websites, and printed copies of the
websites I viewed. Those copies are attached as Exhibits to Applicant's Response to Office
Action. The urls of the websites I viewed and copied, and that are attached as Exhibits hereto are
as follows:
http://www.sima.com/4-news/news_detail.aspx?id=40
http://www.merriam-webster.com/dictionary/get%20go
http://www.twistedgeckoclothing.com/shirts1.html
www.dancinggeckohawaii.com
http://silvergeckoapparel.spreadshirt.com/us/US/Shop/
http://www.houseofgecko.com.au/
http://www.geckomassage.com/index.php?mod=category&id_ctg=24
http://www.silver-gecko.com/
http://www.pjsoaps.com/Gecko.html
http://www.geckotraders.com/index.html
http://www.lunaboston.com/ProductInfo/Luba%20J/16143.aspx
http://shop.pacsun.com/accessories/girls-handbags/hobos/Gecko-Bag/ind...
http://www.geckodecks.com/
http://www.ptone.com/Kayak/surfboat/index.html
http://www.geckoheadgear.com/extremesports
http://www.glasscraft.net/Prod_glass.html
http://fromthegecko.com/testimonials
http://www.rods.com/product.aspx?display_id=9373&dept_id=400
http://www.shoemall.com/product/Warmbat-Womens-Gecko-Grip-Patte
http://www.gulczynski.com/subpages/print/page8.html
http://www.geckofest.com/default.php
http://geckoglasses.com/index.html
http://www.gecko-graphics.com/
http://www.zazzle.com/gecko_hat-148444321741819083
http://www.whalesdirect.com/product.html?t_q=CJ278
http://www.whalesdirect.com/product.html?t_q=CJ276
http://www.whalesdirect.com/product.html?t_q=CJ285
http://www.whalesdirect.com/product.html?t_q=FJ235
http://www.whalesdirect.com/product.html?t_q=FJ242
http://www.crazyforbargains.com/gecopaforbo.html
http://www.cafepress.com/designsbymike.196546736
http://www.dotphoto.com/GuestViewImage.asp?AID=0&IID=44987668
http://hight3ch.com/post/human-gecko-shoes/
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=280235159404
http://www.bellezaboutique.com/clearlyfunsoapglowinthedarkgeckosoa
http://www.surf-wax.saltwater-dreaming.com/index.htm
http://www.surf-wax.saltwater-dreaming.com/index.htm
http://www.geckotactical.com
http://www.robeez.com/Product.aspx?ProductID=533&PriceCat=2&La
http://candy-crate.stores.yahoo.net/sogeguca31.html
http://www.turtlemax.com/product.php?productid=16559&cat=345&pa
http://www.surfinggeckosoftware.com/
The documents attached as Exhibits hereto are true and correct copies of the web pages I
viewed and printed during the research described above.
I have personal knowledge of the facts set forth herein. All statements herein made of my
own knowledge are true and all statements herein made on information are believed to be true.
MARK L. DONAHEY ________________________________ Signature ______July 1, 2008____________ Date
OPPOSITION NO. 91179089 MOTION FOR SUMMARY JUDGMENT ON OPPOSER’S CLAIMS OF
DILUTION AND LIKELIHOOD OF CONFUSION
EXHIBIT A: Declaration of Cynthia Jones-Whitcher
OPPOSITION NO. 91179089 MOTION FOR SUMMARY JUDGMENT ON OPPOSER’S CLAIMS OF
DILUTION AND LIKELIHOOD OF CONFUSION
EXHIBIT B: Opposer’s Documents TBR 310-314, and 318-324
OPPOSITION NO. 91179089 MOTION FOR SUMMARY JUDGMENT ON OPPOSER’S CLAIMS OF
DILUTION AND LIKELIHOOD OF CONFUSION
EXHIBIT C: Opposer’s Documents TBR 476-491
OPPOSITION NO. 91179089 MOTION FOR SUMMARY JUDGMENT ON OPPOSER’S CLAIMS OF
DILUTION AND LIKELIHOOD OF CONFUSION
EXHIBIT D: Opposer’s Document TBR 475
OPPOSITION NO. 91179089 MOTION FOR SUMMARY JUDGMENT ON OPPOSER’S CLAIMS OF
DILUTION AND LIKELIHOOD OF CONFUSION
EXHIBIT E: Opposer’s Document TBR 492
OPPOSITION NO. 91179089 MOTION FOR SUMMARY JUDGMENT ON OPPOSER’S CLAIMS OF
DILUTION AND LIKELIHOOD OF CONFUSION
EXHIBIT F: Opposer’s Documents TBR 684-691, 708
OPPOSITION NO. 91179089 MOTION FOR SUMMARY JUDGMENT ON OPPOSER’S CLAIMS OF
DILUTION AND LIKELIHOOD OF CONFUSION
EXHIBIT G: SIMA: No Slowing Down for Surf Industry
SIMA - News http://www.sima.com/4-news/news_detail.aspx?id=40
1 of 2 6/13/2008 11:54 AM
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news.NO SLOWING DOWN FOR SURF INDUSTRY
- Findings of SIMA’s Retail Research Show Increase of Billions inSales -
Aliso Viejo, Calif. (July 9, 2007) -- In the US retail environment, where gains are measured in small increments, the surf industry continues to buck the national trend with two-year sales increases close to one billion, the Surf Industry Manufacturers Association (SIMA) announced today. Ina third-party research study commissioned by SIMA, the 2006 SIMA Retail Distribution Study, findings indicate that the surf industry, which has grown from $6.52 billion in 2004 to $7.48 billion in 2006 (an increase of 14.5%), is nowhere near slowing down.
The 2006 SIMA Retail Distribution Study cites several factors contributingto the growth of the surf industry, including: the mainstream popularity ofthe surf lifestyle; the capitalization on the purchasing power of women;and brand diversification. But key findings indicate that what is largelyfueling growth is the surf industry’s loyalty to its core distributionchannels.
“The minute a brand is in secondary retail distribution channels, its coolfactor and authentic reason to exist is challenged,” said Dick Baker,president of SIMA. “Maintaining authenticity to core surf customers bydistributing through surf and skate shops is what’s helping to keep surfbrands cool and relevant,” added Baker.
Staying true to core surf distribution channels (retail operations that classify themselves as specialty or lifestyle stores) has proved to be a win-win for surf brands and retailers. Today, surf retailers can be found inevery state in the country. In 2006, there were over 300 more surf/skateshops (total of 5,048 in 2006) than in 2004 (total of 4,741), and core chain retailers like PacSun and Zumiez are expanding across the country.
“Several years ago, when the surf industry began exploding, naysayershypothesized that the industry could plateau, largely because surfing wasgoing mainstream with corporate giants like Target and Abercrombiecashing in on the popularity of the surf culture,” said Sean Smith,executive director of SIMA. “The reality is that those companies helpedsurf brands get smarter about distribution and marketing, and that’s whythey continue to grow.”
Surf Industry Growth FactorsBrand diversification is also driving success for the surf industry. In the80’s the surf industry was about boardshorts and T-shirts. Today, brandshave much larger offerings in both soft and hard goods. From full men’s,women’s and kids apparel lines, to accessories, sunglasses, watches,shoes and sandals, bags, wetsuits and more.
“Virtually all brands in the surf industry have complete categoryrepresentation in the surf lifestyle, with the larger brands representing fullapparel collections in competition with other fashion brands,” said Baker. “While new companies can still compete, because surf shops will alwayswant to represent young brands, to succeed in the long-term, smaller surfbrands have to extend their offerings.”
The entrenchment of the “surf” lifestyle in the US market is another factordriving sales. The XGames, FuelTV, and even network TV shows such as“Laguna Beach,” are all helping to make surfing cool, even in middleAmerica. SIMA research shows that while West Coast retailers aremaking the strongest impact in sales with traditional “warm-weather” and“water-related” products such as swimsuits, sandals and wetsuits, there issignificant growth in sales and the number of surf retailers in the Midwest,South and Northeast. From 2004 surf sales are up 4% in the South, 2%in the Northeast, and sales in the Midwest stayed at 7% of all US surfsales.
SIMA - News http://www.sima.com/4-news/news_detail.aspx?id=40
2 of 2 6/13/2008 11:54 AM
Although surfing has traditionally been seen as a male dominated sport, the lifestyle element has allowed the industry to capitalize on the purchase power of women and, as a result, is now experiencing tremendous growthin women’s apparel. In 2006, women’s apparel sales were up 32% with$327 million in sales, up from $249 million in 2004.
“The surf flick “Blue Crush” was huge in spurring modern popularity ofwomen’s surfing, said Smith. “The movie depicted independent, strong,sexy women and its representation of freedom brought the lifestyleelement of surfing to the forefront again, which we had not seen since thedays of Gidget.”
Finally, Internet sales are becoming increasingly important and this trend is expected to significantly impact surf industry growth in the future. In2004, only 6% of sales could be attributed to this channel. In 2006,retailers who utilize the Internet attribute almost of one-quarter of their sales to it.
“This is a generational issue. The young consumer has grown up with theInternet and it is obviously an integral part of their lives. The big surfbrands are in an envious position because we expect surf lifestyleecommerce to far outpace the online business of traditional apparel verysoon,” said Baker.
Top Surf Industry Trends1. Brand Penetration: Retailers have more brand choices but are carryingfewer brands and product categories.
2. Internet Sales: While only 23% of core retailers use Internet/Catalogsales, those who use it have seen an increase averaging 29.5%.
3. Footwear: Overall shoe sales are down but sandals sales are up toover $300 million – an increase of over $50 million since 2004.
4. Apparel: Largest product category with an increase of 9.9% in sales in2006. Men’s boardshorts have continued to see strong growth as well.
5. Wetsuits: While wetsuits represent a small percent of core sales,dollars are up 30% due to price points.
6. Accessories: This high-margin business (which includes sunglasses,watches, bags, hats and belts) saw slight sales growth of 4.3%. The make-up of what contributes to accessory sales is shifting, with the sunglass category contribution up 9% from 2004 while all other category contributions remained relatively flat.
7. Hard Goods: Sales are up over 24%, from $901 million in 2004 to0 $1,118 million in 2006.
About SIMA The Surf Industry Manufacturers Association (SIMA) is the official working trade association of more than 300 surf industry suppliers. Founded in 1989, SIMA is a non-profit organization that serves to promote awareness of the surf industry and participation in the sport of surfing through public relations efforts and a variety of services, educational programs and research. In addition, SIMA actively supports oceanic environmental efforts through its 501(c)(3) charitable environmental foundation, the SIMA Environmental Fund. In the past 17 years, SIMA's Environmental Fund has raised more than $3.5 million for environmental groups seeking to protect the world's oceans, beaches and waves.
(VNR, graphs and photos, available upon request.)
# # #
© 2002-2008 sima - surf industry manufacturers association
OPPOSITION NO. 91179089 MOTION FOR SUMMARY JUDGMENT ON OPPOSER’S CLAIMS OF
DILUTION AND LIKELIHOOD OF CONFUSION
EXHIBIT H: Opposer’s Response to Applicant’s Request for Production of Documents or Things
Exhibit H
Opposer’s Response To Applicant’s First Request For Production Of Documents And Things
Page 3 Placeholder
Opposer’s response did not contain a page numbered 3 in the original. This page holds the place where Opposer’s response page 3 would have been found had it existed.
OPPOSITION NO. 91179089 MOTION FOR SUMMARY JUDGMENT ON OPPOSER’S CLAIMS OF
DILUTION AND LIKELIHOOD OF CONFUSION
EXHIBIT I: Get-Go, Merriam-Webster Dictionary Online
get go - Definition from the Merriam-Webster Online Dictionary http://www.merriam-webster.com/dictionary/get%20go
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get goOne entry found.
get-go
get–go\ˈgit-ˌgō, ˈget-\
also git–go \ˈgit-\noun
1966
: the very beginning —used in the phrase from the get-go<didn't like me from the get–go>
Learn more about "get-go" and related topics at Britannica.com
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OPPOSITION NO. 91179089 MOTION FOR SUMMARY JUDGMENT ON OPPOSER’S CLAIMS OF
DILUTION AND LIKELIHOOD OF CONFUSION
EXHIBIT J: Opposer’s Response to Applicant’s Interrogatories
OPPOSITION NO. 91179089 MOTION FOR SUMMARY JUDGMENT ON OPPOSER’S CLAIMS OF
DILUTION AND LIKELIHOOD OF CONFUSION
EXHIBIT K: Third-Party Use of GECKO on Goods Related to Opposer’s
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Half Size $4.00
COTTON PRINT
Flower and shell designs on soft, sheer voile
imported from India
Half Size
Originally Listed at $5.00Marked Down to $4.00 each
EMBROIDERED SOLID
Heavy rayon in solid colors with
tone-on-tone embroidery
Full Size $ 8.00
www.dancinggeckohawaii.com file:///U:/EMP&A%20TTAB%20Cases/TTAB%20-%20FROM%20T...
4 of 4 6/13/2008 12:30 PM
We specialize in wholesale pareos, including Hawaiian sarongs
and Hawaiian pareos. We also sell wholesale clothing including
dresses, pant sets, skirts and tops.
We will be happy to assist you in choosing the styles and prints that
best suit your specific market.
Contact us on Maui, Hawaii at:
Telephone/Fax: (808) 879-4100Toll Free 1-888 GeckoHI (432-5644)
E-Mail: [email protected]
MINIMUM ORDER: $200.00
Orders will be sent Prepaid or C.O.D.We accept Mastercard and Visa.
Payment terms may be established upon the completion and approval of a credit application.
Orders are shipped via Priority Air Mail, unless specified differently by you.
Click here toDOWNLOAD ORDER FORMS (PDF)
Home | Bali Lace | Crinkle Chiffon | Cotton Print | Embroidered Gold | Embroidered Solid | Extra-Long | Gold Painted | Hand Painted | Hawaiian Skirts | Printed A | Printed B | Sea Shells | Silks | Solids | Tie
Dyed | Watercolor | Bali Lace Dresses | Bali Pants | Bali Lace Tops | Mini Skirts | Poncho Tops | Skirt Sets |
Sun Dresses | Tube Tops |V-Neck Dresses | Wrap Pants | Hair Ties | Tie-One-Ons | Sarong Styles
Silver Gecko Apparel - T-shirts, hoodies, polo shirts and more. http://silvergeckoapparel.spreadshirt.com/us/US/Shop/
1 of 2 6/13/2008 2:54 PM
Finally a place where you can find the coolest t-shirts around... or make your own! All for an affordable price!
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Silver Gecko Apparel - T-shirts, hoodies, polo shirts and more. http://silvergeckoapparel.spreadshirt.com/us/US/Shop/
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$ 13.90
Men's Lightweight cotton T-Shirt
$ 29.90
Camisole and Thong Set
$ 30.90
Camisole and Thong Set
$ 30.90
Camisole and Thong Set
$ 15.90
Women's Heather Jersey Tee
$ 11.90
Men's Lightweight cotton T-Shirt
$ 11.90
Men's Lightweight cotton T-Shirt
$ 11.90
Children's T-Shirt
$ 24.90
Juniors' Contrast Stitch Tee
Don't stare! Pink cami & undies
Black cami & undies Party time! A foul wind
Party time! U R a FREAK Cute Chick
Chuck is scary Punk is cool Potato Wedgie
Home of House of Gecko - surf wear and brand name clothing! http://www.houseofgecko.com.au/
1 of 1 6/13/2008 2:45 PM
House of Gecko - surf wear and brand name clothing!
About Us
Welcome to House of Gecko Site - Under Construction!-
We specialise in online sales of womens, mens and kids clothes. In the next month or so we will have our site up and running offering a great range of clothing!
We also have an Ebay store http://stores.ebay.com.au/houseofgecko where we are a Powerseller and havegreat feedback on our clothing and customer service!!
You can visit us and buy from us through ebay anytime you like! Come back and visit soon - besure to bookmark our site!
Contact Us
PO Box 120
Wellers Hill
QLD 4121
Australia
Phone: +61.738924859
Mobile: +61.416195516
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Products in this Category http://www.geckomassage.com/index.php?mod=category&id_ctg=24
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Product List for LubricantsShowing 1 to 8 of 8 products
2L - Gecko Gold G2 Lotion
Manufacturer: Gecko
Price: $20.95
Our G2 Lotion is unlike any other product you have ever tried, it actually addresses the warm up of a massage. When you first apply it, the product feels thick but allows slide. This allows for passive skin stretch and heating of the tissue which is needed in order to effect deeper tissue. As the tissue temperature reaches a certain degree, the product then changes to a light slide which seldom needs reapplying. This is unheard of with water based products. This product is a good medium for Essential oils.
2L - Gecko Gold Holly Gel
Manufacturer: Gecko
Price: $28.95
Our Holly Gel is everything our Holly Oil is, only better. This product starts thick which allows the Gel to stay in your hand while warming and spreading effortlessly on your patient's skin. It has a clean, light feel and exceptional glide and is also a good medium for Essential Oils. Our Gel towels off nicely, leaving your patient feeling fresh. This product has recently been reformulated with cutting edge ingredients. Its truly and amazing product.
2L - Gecko Gold Holly Oil
Manufacturer: Gecko
Price: $20.95
Our Holly Oil is a pure oil product containing no artificial preservatives or dimethicones (silicones). It has superior glide in a light, clean formulation. This product is a good
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medium for Essential Oils and hypoallergenic even on the most sensitive patients. Holly Oil towels off nicely, leaving the patient's skin smooth and conditioned.
2L - Gecko Gold Massage Gel
Manufacturer: Gecko
Price: $31.95
Our Gel is a luxurious blend of Carrier oils thickened in part by Bee's wax in a clean light formulation. If our Gel is placed in a glass of warm water, it completely emulsifies turning the water cloudy, others do not. This makes a huge difference when trying to keep the laundry free of stains or having your patient feel fresh after a massage and even having the product wash off your hands. Our Gel is very therapist friendly. On patients that are hairy or have dry skin it moisturizes and leaves your patients feeling clean. Essential Oils absolutely love this perfect medium.
4L - Gecko Gold G2 Lotion
Manufacturer: Gecko
Price: $38.95
Our G2 Lotion is unlike any other product you have ever tried, it actually addresses the warm up of a massage. When you first apply it, the product feels thick but allows slide. This allows for passive skin stretch and heating of the tissue which is needed in order to effect deeper tissue. As the tissue temperature reaches a certain degree, the product then changes to a light slide which seldom needs reapplying. This is unheard of with water based products. This product is a good medium for Essential oils.
4L - Gecko Gold Holly Gel
Manufacturer: Gecko
Price: $54.95
Our Holly Gel is everything our Holly Oil is, only better. This product starts thick which allows the Gel to stay in your hand while warming and spreading effortlessly on your patient's skin. It has a clean, light feel and exceptional glide and is also a good medium for Essential Oils. Our Gel towels off nicely, leaving your patient feeling fresh. This product has recently been reformulated with cutting edge ingredients. Its truly and amazing product.
Products in this Category http://www.geckomassage.com/index.php?mod=category&id_ctg=24
3 of 3 6/13/2008 3:29 PM
Details Add to Cart
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4L - Gecko Gold Holly Oil
Manufacturer: Gecko
Price: $37.95
Our Holly Oil is a pure oil product containing no artificial preservatives or dimethicones (silicones). It has superior glide in a light, clean formulation. This product is a good medium for Essential Oils and hypoallergenic even on the most sensitive patients. Holly Oil towels off nicely, leaving the patient's skin smooth and conditioned.
4L - Gecko Gold Massage Gel
Manufacturer: Gecko
Price: $59.95
Our Gel is a luxurious blend of Carrier oils thickened in part by Bee's wax in a clean light formulation. If our Gel is placed in a glass of warm water, it completely emulsifies turning the water cloudy, others do not. This makes a huge difference when trying to keep the laundry free of stains or having your patient feel fresh after a massage and even having the product wash off your hands. Our Gel is very therapist friendly. On patients that are hairy or have dry skin it moisturizes and leaves your patients feeling clean. Essential Oils absolutely love this perfect medium.
The Silver Gecko Company Limited - Nutritional Supplements and Glob... http://www.silver-gecko.com/
1 of 2 6/13/2008 4:36 PM
News
ONYA BAGS: aconsciousalternative toadding to the 17billion plasticbags usedannually in theUK. A multitudeof colours,extremely strongand 3 styles tochoose from. So,have you got oneonya? Buy yourONYA bagonline today!!
Natural RemediesDon't let the pollen get to you! Nasaleze coats your nasal passage to prevent the absorption of pollen - what a brilliant invention! We have a variety of excellent products to help you through Spring & Summer. See our Hayfever selection or click here.
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New ProductsSpecial OffersHealth SupplementsHealth FoodsEar CandlesHair and BodycareAromatherapyHomeopathicHayfeverWeight LossOral HygieneWomen's HealthChildren's HealthBowel HealthDigestive HealthImmune SupportHealth EquipmentHousehold Products
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Sutton's Colloidal SilverOnya Bags YaohHoneyconeBodycool CobberJason BodycareNature's OwnHigher NatureSkinfoodViridianWeledaFaith In NatureNature's AnswerCariadSkincare CafePottersDTECTAOther Brands
Honeycone Ear Candles - HerbalsHand made Australian 100% Bees wax organic ear candles.List Price: £7.50Silver Gecko Price:£3.75
Honeycone Ear Candles - OriginalsHand made Australian 100% Bees wax organic ear candles.List Price: £6.95Silver Gecko Price:£3.50
Nasaleze 500mg PowderNaturally enhance your body's resistance to allergensSilver Gecko Price:£6.95
Potters Allerclear EyeDropsSoothes irritated eyesSilver Gecko Price:£4.99
Potter's Allerclear Nasal Spray
Relief from nasal congestion an...Silver Gecko Price:£4.99
Potters Allerclear TabletsSymptomatic relief of rhinitis, nasal congestion and catarrhSilver Gecko Price:£6.99
Skinfood SPF15+ Moisturiser 100mlGecko Special!Buy 2 but only pay for 1Unisex moisturiser with protection against UVA and UVB Silver Gecko Price:£9.99
Thai Deodorant Stones 140g Rock CrystalA natural alternative.List Price: £6.95Silver Gecko Price:
Weleda Rhinodoron Nasal Spray 20mlWith soothing aloe vera, to clear blocked stuffy noseSilver Gecko Price:
The Silver Gecko Company
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The information provided on this website should not be used to diagnose disease, or to replace medical advice. In all
cases you should first refer to your G.P, or other qualified health professional to diagnose any health concern that you
may have and for guidance as to the appropriate treatment, including any products listed on this website.
©2003-2008 The S i l v er Gecko Company L im i ted . A l l R i ghts Reserv ed
248 North Street, Ashton, Bristol BS3 1JD Tel: 0117 902 0622 Fax: 0117 902 0790
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Gecko Theme Soaps - Scented http://www.pjsoaps.com/Gecko.html
1 of 1 6/13/2008 3:15 PM
Gecko Theme SoapsNatural Decorative Hand Made Scented Soaps
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HomeWhat's NEW!About PJ SoapsTheme ListFull GalleryFull Gallery
Workshop NEWKITS & TOOLSSAMPLER PACKSGRAND PRIZEFragrancesHobby & How To Tips & TricksDead Sea SpaWedding SoapsGift AssortmentsHoliday SoapsShop in PersonDecals SALESupport Suggested LinksFeedbackContact Us
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Gecko Theme SoapsGecko Soap: Juniper Breeze Scented
Extra Lather Glycerineand/or Shea Butter
Weight approx. 4.4 oz
Quantity :1 Soap - $7.001 Soap - $7.00
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*All soap is made of extra lather glycerine, opaque soap also contains shea butterWeights are approximate and vary with the theme
All embedded objects in PJ Soaps are themselves soapAll coloration seen on the surface of any PJ Soaps is also soap
We do not paint the surface of any soap, as we want the image to last as long as possible
Read more about PJ Soaps
Home | New at PJ Soaps | Workshops | Kits & Tools | Theme List | Theme Gallery | Holiday Soaps Gift Assortments | Dead Sea Spa | Sampler Packs | About PJ Soaps | Tips & Tricks | Decals | Hobby How To
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All rights reserved ™PJ Soaps ©2005-2008This page was last updated on Saturday, August 25, 2007
Gecko Traders Inc. - Home http://www.geckotraders.com/index.html
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© 2007 GECKO TRADERS INC. FAIR TRADE FREQUENTLY ASKED QUESTIONS CONTACT US
WEBSITE DESIGNED & PROGRAMMED BY ZEBRA STUDIOS
If Your Eyes Like It,Your Heart Will Love It!
Make a fair trade fashion statement with our hand-woven silk handbags , accessories and recycled Eco Weekenders.
Together, we keep people working, one handbag at a time.
PRODUCTS >
HOME PRODUCT LINE OUR STORY PRESS TRADE SHOWS / EVENTS BUY OUR PRODUCTS
Luna Boston | Gecko Bag Details http://www.lunaboston.com/ProductInfo/Luba%20J/16143.aspx
1 of 2 6/13/2008 3:11 PM
Handbag Brands Aksuona Ananas
ANI Badgley Mischka Platinum
Bliss Lau Botkier
Cynthia Rowley Foley + Corinna Hayden-Harnett
High Way Jenny Yuen
Kooba Lauren Merkin
Linea Pelle Lorelei
Matt & Nat MZ Wallace
Olivia Harris Rafe
Rebecca Minkoff Tano
The Outfit Treesje
Tusk Whiting and Davis
Shoe Brands Bronx
Faryl Robin Goffredo Fantini
Materia Prima Melissa
Miz Mooz Sam Edelman
Accessories Brands Abas
Adia Kibur Alexia Crawford
BauXo Bellissima
By Boe Catalina de La Torre
Ficcare Fina Firenze Foot Petals
Foxy Frank & Kahn
Hayden-Harnett Headdress
Hollywood Fashion Tape Kemestry
Kipepeo Lauren Merkin
Lodis Lorelei
Marimekko Matt & Nat
Origin Rachel Leigh
Rafe Stephanie Johnson
Tano Tusk
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Luba J
Gecko Bagin Black
We apologize, this product is currently unavailable. Please e-mail us or call us at 1-866-910-3900 to inquire about ordering this item. The Gecko is one of those pieces that
instantly makes an outfit (and makes your friends
jealous!) This medium sized bag works for day or
evening, casual or more dressy, funky or
professional - you name it. Carry this one to work
in the morning and out on the town all night with
ease - and with comfort, knowing that the durable
construction will hold up to whatever you can dish
out. 18"w x 9"h x 4"d with an 8" shoulder drop
that will grow slightly with wear and slouch.
Luba J Gecko Bag
$660.00Sale Price: $550.00SKU-16143
Luna Boston | Gecko Bag Details http://www.lunaboston.com/ProductInfo/Luba%20J/16143.aspx
2 of 2 6/13/2008 3:11 PM
Service | About Us | Privacy Policy | Store Locator | Terms of Use
Questions or comments? Please e-mail usFor assistance, please call 1-866-910-3900
© Luna Boston, LLC 2004-2008 (4.0.5) (270)
PacSun.com - Gecko Bag http://shop.pacsun.com/accessories/girls-handbags/hobos/Gecko-Bag/ind...
1 of 1 6/13/2008 3:10 PM
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© 2008 Pacific Sunwear of California Inc. All rights reserved.
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Von Zipper
Stache Red Sunglasses
$110.00
Kirra
Samantha Cami
$19.50
Bullhead
Sunset Straight River Blue
$39.50
VIEW LARGER
SHOWN: WHITE
Style #0645031480010
Gecko Bag$29.50
Show some love for Billabong! All-over heart and brand name print with heart trim along top. Ring design shoulder straps with inside zip pocket.
Dimensions: 13" L x 15" H x 2" W. Imported. Strap drop 8".
Color: WHITE
Size: NO SIZE Size Chart
11 Qty.
Home > Accessories > Handbags > Hobos > Gecko Bag
Gecko Decks - Super Lightweight Skate Decks from Bude, Cornwall, UK http://www.geckodecks.com/
1 of 1 6/13/2008 3:39 PM
Gecko Sponsors Tenth Annual Bude Downhill Skate Championships!Once again Gecko is involved with the BudeDownhill skate event. This years Downhill eventwill be bigger and better than ever before with theofficial UK Downhill Skate Championship takingplace in the town itself. Its not just about thedownhill however, as there will be a number ofother events taking place over the weekend and ofcourse the odd party or two!
click here to find out more
Martin Drayton's Photo GalleryMartin Drayton one of Gecko's Team Riders hasbeen busy with his Camera. Check out his onlinephoto gallery for images of other Gecko Teamriders and the Superlight Series Decks amongstother things.
click here to see the snaps
Gecko Superlight Series Decks - Launched!Gecko's first release from their new "SuperlightSeries" was officially launched at the World IndoorChamps in Gothenburg, 24th Feb 2008, with a onemonth introductory price tag.
click here to find out more
Gecko SLE Introductory Offer - Ends 24/03Our introductory offer on the Gecko SLE ends onthe 24th March after this date, the price of the deckwill increase to - £160 GBP + VAT (approx $320USD).
click here to find out how to order your deck
A New World Record Gecko Decks - sponsored rider, Martin Drayton,sets a new world slalom skateboarding record inHyde Park, London. 12.83 seconds, clean, in thewet!
click here to find out more
Gecko Decks ShowcaseYou can view our original flash showcase site,advertising the original gecko decks range, withdownloadable vids and desktop wallpapers
click here
Welcome to gecko decks - superlight high performance skate decks from bude, cornwall
Site & Content ©2008 Gecko Gear Ltd. All Rights Reservedsite design & maintenance by monkeydevil™
Gecko Boat http://www.ptone.com/Kayak/surfboat/index.html
1 of 2 6/13/2008 1:11 PM
What is it?The Gecko Boat is a custom surf kayak that I builtfor performance and comfort that I feel is not available in any other kayak today. I wanted to beable shred on the waves more like a surfboard - some feel that this is not possible with a kayak, but I knew that waveskis were able to do it, and I felt a properly designed kayak could as well
This thing SHREDS!
Length Overall 8 feet
Width 24 inches
Weight Approx 25 pounds
Construction Foam Core/Fiberglass/Epoxy
Bow Rocker 12 inches
Stern Rocker 3 inches
More Views
Gecko Boat http://www.ptone.com/Kayak/surfboat/index.html
2 of 2 6/13/2008 1:11 PM
Building the boatLet me know what you think: Feedback
Adrenaline Junkie - Gecko Extreme Sports Safety Helmets http://www.geckoheadgear.com/extremesports
1 of 2 6/13/2008 1:13 PM
Emergency ServicesExtreme SportsCompany InformationContact Us
Adrenaline JunkiesSurfing LidsSky diving LidsJet Skiing LidsColourwaysPhoto Gallery
In any field of extreme sports, you're pushing your body and its ablities to the limit. It's crucial to make split-second decisions that can quickly determine the outcome of an event. You need to think and act faster than your opponent. Extreme conditions can hamper the functioning of your brain, slowing your reaction times and posing a real danger. Keep your head warm and protected with a Gecko Lid. Keep your head.
We offer reliable head protection and warmth for a variety of sports, including:
Surfing & WindsurfingSkydivingJet-Skiing
Our helmets are not only suitable for these purposes, but can be used for a whole host of other extreme activities. Simply get in touch with us, and we'll advise you on the most suitable option.
Why not have a look at some of the different helmets we've already created using the Gecko Headgear Helmet Browser?
Adrenaline Junkie - Gecko Extreme Sports Safety Helmets http://www.geckoheadgear.com/extremesports
2 of 2 6/13/2008 1:13 PM
©2008 Gecko Gear Limited. All Rights Reserved | Terms & Conditions | site by monkeydevil
Glasscraft Supply Company http://www.glasscraft.net/Prod_glass.html
1 of 2 6/13/2008 3:37 PM
GLASSNext
GlassCraft Supply offers more than 400 unique colors and textures of glass and patterned glass. We can supply just one sheet of glass, and ship it by UPS or Fedex, packed in our exclusive GlassPack. Or we can supply entire cases of thousands of square feet. And all at very competitive pricing.
Gecko Glass® offers uniquetextures and colors, and isonly available from GlassCraftSupply. Offering a uniqueselection of over 300 differentcolors and textures - many ofwhich are found no whereelse. Original textures ofcathedral and opalescentglasses are available,including Mottles, Mists,Fracture-Streamers, ColoredGlue Chip, Iridescents andWaveGlass™!. Economical andbeautiful! Also available is ourThirty-Tenz sample case,consisting of 30 sheetsmeasuring 10" square of atleast 15 colors of Gecko Glass,each full quality sheet islabeled with the stocknumber. A sample box of allcolors also available.
Patterned Glass is offered in many unique patterns including deep etched patterned glass and rolled patterned glass.
Our catalog contains one of the most complete selections of color glass pictures in the industry, to make your selections easy. You will be able to The glass sections available for download here
2002 Brittmoore St.Houston, TX 77043
713-690-8844
BevelsMetalsSheet GlassGarden ArtTools & SuppliesMouldingArchitectural Glass
GECKO GLASS IS NOW FUSIBLE.click here for more
information
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Glasscraft Supply Company http://www.glasscraft.net/Prod_glass.html
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Home Product Overview New Products Order Info Downloads NewsletterQuick Order FAQ Login Contact
Customer Testimonials : From the Gecko http://fromthegecko.com/testimonials
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Join our E-mail Newsletter sign-up to receive updates on current fashion trends, new merchandise, private invitation only events and special savings coupons.
It seems that every time I travel to St. Croix I only have to pack my bikini. That is fine when all you do is hang out on the beach, butin 2006 I flew down to attend the Grand Gourmet Dinner and A Taste of St Croix; two notable fundraising events for the St. Croix Foundation. To my dismay, I had zilch to wear.
Click here to read more...
Customer Testimonials : From the Gecko http://fromthegecko.com/testimonials
2 of 3 6/13/2008 12:32 PM
It seems that every time I travel to St. Croix I only have to pack my bikini. That is fine when all you do is hang out on the beach, but in 2006 I flew down to attend the Grand Gourmet Dinner and A Taste of St Croix; two notable fundraising events for the St. Croix Foundation. To my dismay, I had zilch to wear. I stopped in to From the Gecko andDanna picked two dresses for me that I would never, ever have selected. One was yellow, with red and orange wisps ofmaterial. With that dress she put a sparkly yellow clip in my hair. Did she realize I was a tom boy and this was so way out of my comfort zone? But, I went with it. I wore the yellow dress (and the hair clip) to A Taste of St. Croix where more than 1,000 people attend, nibble on bites from island restaurants and sip fabulous wines.
I was having a ball when a gentleman, whom I never saw again, came up to me and said, “I keep seeing you. Withthe yellow and everything “and you got it going on!†Sure, he wasn’t the most eloquent person, but he said I lookedgreat and I felt great! The other outfit was a chocolate brown dress that Danna accented with a big, chunky glassstarfish necklace. I was a little apprehensive about wearing the starfish around my neck, to the Grand Gourmentdinner, but I did. And though no stranger came up to me and gave me a compliment, a notable winemaker from Napacomplimented me on my starfish.
So when I returned to St. Croix in December 2007 for my best friend’s wedding and a big meeting, I ran to From theGecko and begged Danna to dress me and make me shine. And she did. I wore a two piece outfit with lots of purplesand raspberry colors to the wedding (again “I would never dare choose the outfit without Danna saying “ITWORKS!”) and to the meeting I wore a light, patterned dress that never wrinkled (planes, taxis) and never got hot.And I got the account!
Thanks Danna!
All the best,
Jane Watkins
In the fall of 2005, I was promoted to the position of Chief Operating Officer for a high powered consulting firm. I was told to think about a more professional wardrobe. I was at a loss. I did not want to have to replace everything in my closet and felt like over the years I had increased the professionalism of my wardrobe.
I spoke briefly with Danna about it and she offered to do a closet consultation. A week or so later, Danna and Iremoved everything from my closet that I was currently considering “work” clothes. Danna removed a few tired itemsfrom the picture and included items left behind that I would not have thought of. She put together a number of differentoutfits pairing items I never would have thought of. I was amazed at what Danna was able to do with my existingwardrobe. To my surprise there were very few holes in my wardrobe that needed to be filled in. Just a few basics wererecommended. We put everything back in the closet, completely segregating “work” clothes from “play” clothes. Weadditionally hung things by color groupings to more easily put together additional, great outfits.
All in all it took just a few hours and the difference was immediately noticed. The next work day and every day of the following week, I received compliments from not only my co-workers, but also the owners of the company on how greatI looked. Danna gave me great ideas and a great perspective on the things that were once great things to wear and for various reasons, no longer fit the bill. I now have less of an issue cleaning out the clothes that no longer fit my lifestyle because I feel great about the ones that do. I also feel as though I know how to shop better to add pieces that I need in colors that work for me.
Danna did a great job! I would recommend her to anyone needing a wardrobe face lift.
Jennifer Martin DaleyCOO
Customer Testimonials : From the Gecko http://fromthegecko.com/testimonials
3 of 3 6/13/2008 12:32 PM
Copyright 2006 From the Gecko · (340) 778-9433 · Fax (340) 773-33261233 Queen Cross Street · Christiansted, VI 00820 Web services provided by Media Mate
Gecko Bath Hardware Collection http://www.rods.com/product.aspx?display_id=9373&dept_id=400
1 of 2 6/13/2008 3:37 PM
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Gecko Bath Hardware CollectionThese Gecko Bath Collection Accessories will delight visitors to your bathroom! Inspired by the whimsical little reptiles found throughout the Southwest, Geckos are sometimes considered to be good luck! Gecko decorative toilet paper holder, robe hook, towel ring and matching towel bar are all made of sturdy metal and are sold separately. Made in USA.
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SELECT AN ITEM:
19881 : Gecko Tissue Holder
19882 : Gecko Robe Hook
19883 : Gecko Towel Ring
19880 : Gecko 27" Towel Bar
19884 : Gecko 18" Towel Bar
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Item Number Description Price Availability Qty19881 Gecko Tissue Holder $39.95 In Stock
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Gecko Bath Hardware Collection http://www.rods.com/product.aspx?display_id=9373&dept_id=400
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ShoeMall - Free Shipping on Warmbat Women's Gecko Grip Patterns Boot http://www.shoemall.com/product/Warmbat-Womens-Gecko-Grip-Patte...
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Warmbat Women's Gecko Grip Patterns BootStyle No. : 141816
$199.95
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• Fashionable comfort is the main influence on this Australian-inspiredboot• Real, luxurious Australian "Double-Faced" sheepskin leather upper• Shearling lining• Removable, washable, sheepskin lined Memory Foam cushionedfootbed• Rubber Gecko Grip sole for a softer feel with more flexibility• Leather heel and toe cap for added protection• Exclusive "Sheepskin sizing system" ensures the perfect fit• Distinctive Aboriginal back braid• Superior comfort• Available in whole sizes only, half sizes please order the next sizeup
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Now Wait For Last Year http://www.gulczynski.com/subpages/print/page8.html
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Cigarette Box:
Gecko Cigarettes
4-spotcolor/Adobe Illustrator
Personal Project
Gulfport Gecko Fest http://www.geckofest.com/default.php
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Gulfport, Florida
GULFPORT GOES GECKOS!ADMISSION IS FREE! PARKING IS FREE!
AUGUST 30, 2008
ONLINE VENDOR APPLICATIONS: http://gulfportma.com
Vendor Coordinator: Suzanne King at (727)322.5217
for additional assistance, e-mail:
See "Find Us" page for map, directions, " free trolley and parking details.
During LABOR DAY WEEKEND on Beach Blvd. in Gulfport
GeckoFest Welcomes Boaters!
Dinghy dock available behind the Gulfport Casino Ballroom.
2007:
WALKING PARADE AT 6PM
(starting at Beach Blvd. and 28th St. S.-by the Gulfport Library) Spectators are welcome, but it's even more fun to
parade! Be colorful - wear hats, costumes, carry umbrellas
noisemakers...
Gulfport Gecko Fest http://www.geckofest.com/default.php
2 of 3 6/13/2008 3:03 PM
put on a big smile and just have fun!
COSTUME AWARDS 6:30PM AT THE STAGE
ARTISANS - CRAFTERS - UNIQUE VENDORS - LIVE MUSIC - GIVE-AWAYS
CHILDREN'S AREA - ACTIVITIES & GAMES - FACE PAINTING - COLORING CONTEST - AND MORE!
North Stage
2-5 PM Blinky n' Fritz5-8 PM Urban Gypsies8-10 PM Fire Dancers
Center Stage7-10 PM Sterling Magee and the Harlem Blues Bank
Performance ArtistsSouth Stage
12-2 PM Kevin Thompson2:30-4:30 PM Jason Longoria5-7 PM J.D. Burrel & Tammy8-10 PM Alicia Fox & Friends
STREET PERFORMERS Kim Magic - Barnaby the Clown
Hip Expressions Dance Studio (Belly Dancers) and Loud Zoo (instrumentalaccompaniment)
Troupe Zahara Belly Dancers - Drum Circle Fire Show - Storytellers - The Living Statute
Dallas the Fire Guy - Youngest Escape Artist - Blueberry Patch Tampa Bay Ghost Tours - Arrr Ink Pirates - Village Villains'
West Coast Mutineers and Fire Show - Pirate Ship on Boca Ciega Bay Izabelle & Co., gypsies and face painters
The Holland Days
Artsy Gulfport continues their whimsical salute to the Geckowith the Sixth Annual Gecko Fest. This family festival andwalking parade celebrates the End of Summer and Labor Daweekend with color, whimsy, extraordinary entertainment anda street dance on Saturday, September 1, 2007is easily described as a whimsical combination of afamily-oriented Mardi Gras, Renaissance Faire, and BritisLoony Parties gone Gecko in Gulfport, Florida. Wear Gecko hats, fish hats, colorful hats and costumes tocelebrate the many colors of Geckos! Bring drums, rattlesnoise makers, kazoos, musical instruments, balloonsdecorated umbrellas - just use your imagination. Join in or bea spectator - this parade is full of colorful surprises andcharacters! Meet the Gecko Goddess or join her court with colorfucreative costumes and hats! The Gecko Goddess Court is anew addition this year and will be a new costume awardcategory too! Selected as "Best Bet," "Hot Ticket," "Hot Road Trip," AOLs top ten for Labor Day Weekend, and "Planet Pick," this locallycultivated festival is filled with whimsy and charm as is this quaint waterfront community. For further information, call
Gulfport Gecko Fest http://www.geckofest.com/default.php
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(727)302.9299 or (727)322.5217. The Gulfport Merchants Association, the GeckoFest characters Gecko Goddess and the Gecko Governor hopes tosee you there! Sun, wind or rain, we have always had fun. Make it a great day!
Home Page | Find Us | Photo Gallery | Sponsors | History & NewsCopyright © 2005. All Rights Reserved.
Gecko Glasses http://geckoglasses.com/index.htm
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The Northland Green Gecko (Naultinus grayii) is diurnal, often foundsun-basking. It has an arboreal lifestyle, especially favouring stands of manuka,kanuka, and mingimingi.- wikipedia
GeckoGlasses:
GeckoGlasses will be an Online Retailer for branded, non-prescription Sunglasses, that uses a Virtual Mirror and
Web 2.0 technologies to create a new, one-of-a-kind customer experience.
The Virtual Mirror is a program that, in combination with a webcam, projects sunglasses onto the customer's
face. Customers will be able to virtually try on an extensive range of sunglasses and check how they look with
them, using their computer screen as if it was a mirror.
Web 2.0 Technologies will be used to share the images taken with the Virtual Mirror and to create a network that increases the customer's
involvement with the company and its products.
By combining both concepts, GeckoGlasses will change the way that people buy sunglasses over the internet.
Click on the picture to watch the video or download the video here (right click, "save as").
Gecko Glasses © 2007
About Us Vision Products Virtual Mirror Management Partners Investors CSR FAQ
screen printing and embroidery on t-shirts, caps, jackets, etc. Gecko Gra... http://www.gecko-graphics.com/
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Screen Printing andEmbroidery on T-Shirts, Caps, Jackets, Bags, Golf Shirts, Sweatshirts, and More!
Gecko Hat from Zazzle.com http://www.zazzle.com/gecko_hat-148444321741819083
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Customize: Change the design, add your own ideas!
Email this | Link to this | Add to favorites | Bookmark this | Report violation
Marketplace Categories: Arts, Design, Fashion > Digital Art > Digital Realism Animals, Pets > Wild > Reptiles, Amphibians > GeckosGallery Product Line: Dragons
Tags: reptile, gecko, lizard, skin, drawing, illustration
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Gecko Hatcreated by Elle_Ichai (July 17, 2007 at 09:38AM)
Be the first to comment on this design!
Product id: 148444321741819083 (rated G)
Views: Product Design
Hat DetailsKeep your head covered in style with this classictrucker hat.
100% polyester foam front has a wide area to feature your design.100% nylon mesh back keeps you cool.Adjustable from 17" to 24"Available in 11 color combinations.
Color: Tan and Brown
Customize it
Got geckos?by journeyoftheanimals
GOT GECKOS?by SFgeckos
Lizard LIpsby DarkEden
GOT GECKOS?by SFgeckos
GOT GECKOS?by SFgeckos
Groovy gecko'sby burntright
Gecko Hat by Elle_Ichai (3 votes)
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Gecko Hat from Zazzle.com http://www.zazzle.com/gecko_hat-148444321741819083
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Evan Lloyd 14kt. Gold Gecko Toe Ring
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JewelryTees
Take a walk on the wild side with this striking, summer accessory that's sure to get some attention! Slit back for easy adjustment. Gold Gecko Toe Ring by wildlife jewelry designer Evan Lloyd. No Air Shipments! 14kt.
CJ278 14kt. Gold Gecko Toe Ring *Ships From Mfg Please Allow 3-4 Weeks Delivery
95.00
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Evan Lloyd 16", 14kt. Gold Gecko Choker
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You'll be at the height of fashion with this elegant, 14kt. choker-style necklace with a polished gold gecko at it's center. No Air Shipments! 14kt. Gold Gecko Necklace.
CJ276 16", 14kt Gold Gecko Choker Necklace *Ships From Mfg Please Allow 3-4 Weeks Delivery
290.00
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Evan Lloyd 14kt. Gold Gecko Earrings
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JewelryTees
Gold geckos dangle from French-style ear wires to remind you of warm weather fun in the Caribbean sun. 3/4". Gecko Earrings by wildlife jewelry artist Evan Lloyd. No Air Shipments! 14 kt Gold
CJ285 14kt. Gold Gecko Earrings *Ships From Mfg Please Allow 3-4 Weeks Delivery
190.00
NS Item CE195 NS Item FT107 NS Item CU175 NS Item FM252
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Evan Lloyd 14kt. Gold Gecko Anklet
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JewelryTees
Add a flash of pizzazz with this 9 ?", 14kt. gold anklet that showcases an enchanting gecko. Please allow 2-3 weeks for delivery. Order by Dec 5 for christmas delivery.14kt. Gold Evan Lloyd Gecko Anklet by wildlife jewelry artist Evan Lloyd.
FJ235 Evan Lloyd Gecko Anklet *Ships From Mfg Please Allow 3-4 Weeks Delivery
240.00
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Evan Lloyd 14kt. Gold Gecko Bangle Bracelet
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JewelryTees
For day or evening, this 14kt. gold, 3mm bangle bracelet has an enchanting gecko that sure to win your heart. 14kt Gold Gecko Bracelet by wildlife jewerly artist Evan Lloyd. Please allow 2-3 weeks for delivery. Order by Dec 5 for christmas delivery.
FJ242 Evan Lloyd Gecko Bangle Bracelet *Ships From Mfg Please Allow 3-4 Weeks Delivery
765.00
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Gecko Cotton Pajamas for Boys - Long Sleeved Cotton Pajamas http://www.crazyforbargains.com/gecopaforbo.html
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Home > Boy's Sleepwear & Pajamas > Long Sleeved Cotton Pajamas > Gecko Cotton Pajamas for Boys
Gecko Cotton Pajamas for BoysThese comfy 100% cotton pajamas feature a gecko print. They are meant to be snug fitting.
Availability: Usually ships the next business day.Check Est. Arrival Time
Item #: 82375
Price: $12.99
Size: 44Size Chart
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Alligators and Frog Cotton Pajamas for BoysPrice: $12.99
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Reptile Dysfunction Light T-Shirt > Reptile Dysfunction > designsbymik... http://www.cafepress.com/designsbymike.196546736
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designsbymike : Gecko Central : Reptile Dysfunction : Reptile Dysfunction Light T-Shirt
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Color: Ash Grey
Reptile Dysfunction Light T-Shirt
"When your gecko is broken you have a reptile dysfunction." Let this playful little lizard bring some laughter to people's lives, for whatever reason you have in mind.
$18.99Size: Size Chart
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AVAILABILITY: In Stock.Product Number: 196546736
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Look cool without breaking the bank. Ourdurable, high-quality, pre-shrunk 100%cotton t-shirt is what to wear when you want to go comfortably casual. Preshrunk, durable and guaranteed.
5.6 oz. 100% cottonStandard fit
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High T3ch » Human Gecko Shoes http://hight3ch.com/post/human-gecko-shoes/
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15
Jun
Human Gecko ShoesBlog by MistaPrimeMinista Blogging in Fashion
Ever wanted to feel like a Gecko in the wild ? With these shoes you will feel like a gecko and just like one you will stick to anything you step on. The material Vibram is designed to follow the contour of your feet and toes, providing a very good grip on slippery surfaces. It will improve your dexterity, control, and stability to deliver a more natural walking motion. Priced at $70 from Vibram Five Fingers- One more pic->
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Lucas said,
5-13-2007 in 20:21:57 at 60.52.162.90
Dude, i liked this kind of stuffs. I thought i saw a picture of shoes that looked like human foot. Do you have any info on that thing?
And about this Vibram show, is it worth to get it for $70 a pair? And is it weak to water? I mean some shoes’ gluecame off easily, so is this product weak against water exposure?
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High T3ch » Human Gecko Shoes http://hight3ch.com/post/human-gecko-shoes/
3 of 6 6/13/2008 2:59 PM
lee said,
3-20-2008 in 19:20:32 at 64.236.243.16
I was at first curious about Vibram 5 Finger shoes and contacted Vibram headquarters with further questions.Instead I received trite, manufactured, generic, dispassionate responses from their customer service department - GEORGIA SHAW (this woman has absolutely no idea what customer service is). For a small company trying tobreak into a very large industry, they certainly think small when hiring such incompetent staff. If they are that badat customer service how can I trust their shoes on my feet?
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J CREW Ladies Sz 4 Embroidered Gecko Yellow Mini SKIRT - eBay (... http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=280235159404...
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Back to home page Listed in category: Clothing, Shoes & Accessories > Women's Clothing > Skirts
J CREW Ladies Sz 4 Embroidered Gecko Yellow Mini SKIRT Item number: 280235159404
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Item Specifics - Women's SkirtsStyle: A-Line Main Color: Yellow Length: Mini Condition: Pre-Owned Size Type: Misses Size: 4
This genuine J CREW yellow mini skirt has machine embroidered green gecko/lizards over entire surface, front and back. Made of 100% cotton chino weight fabric, it wouldbe perfect for the coming Summer season. Skirt has great detailing: diagonal frontslash pockets, wide belt loops front & back, 2 hidded pockets on back w/flaps, zippered front w/hidden sliding hook closure. There are no defects, spots or majorsigns of wear, it is odor free. Skirt looks as if it has been worn & laundered before, but
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J CREW Ladies Sz 4 Embroidered Gecko Yellow Mini SKIRT - eBay (... http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=280235159404...
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it still has plenty of life left! It is ladies size 4. Length of skirt is 17.5"; it looks as if itwould sit sligtly below the waist. Winner pays LOW US 1st class shipping, 3.50. Checkmy other listings, I currently have a great J CREW black strapless dress listed. Multiplewins save on shipping.
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Clearly Fun Soap Glow In The Dark Gecko Soap Blue http://www.bellezaboutique.com/clearlyfunsoapglowinthedarkgeckosoa...
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surf board wax - Gecko Glue surfboard wax- rub your Gecko now! http://www.surf-wax.saltwater-dreaming.com/index.htm
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The surf board Wax Rub your Gecko on it!
Gecko Glue surf waxis a hand made specially formulated surf wax
to meet the needs of a high performance surfboard wax.
No harsh chemicals included!
surf wax unlike any other on the market.
It's sticky, builds up easily and keeps you on your board.
(see FAQs how to make surfboard wax for more info)
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surf board wax - Gecko Glue surfboard wax- rub your Gecko now! http://www.surf-wax.saltwater-dreaming.com/index.htm
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Gecko Glue surf wax smells great and is easy to apply
It's soft and sticky offering great traction
Gecko Glue surf wax stays on your board and is made with the environmentin mind
Suitable for any cool water or tropical destination
Sold in packs of 10
Gecko Glue Surf Wax available in Thailand, but you buy direct from our shop online! click here
CHECK OUT THE WAX COLLECTION PAGE
Instructions
Lay your board on the ground with fins facing down.1.Get your Gecko out.2.Rub your Gecko on the board in a circular motion.3.Go surfing.4.Keep your Gecko sticky with regular combing and petting. 5.
Go back Gecko
surf board wax - Gecko Glue surfboard wax- rub your Gecko now! http://www.surf-wax.saltwater-dreaming.com/index.htm
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Gecko Glue surf wax is a Saltwater Dreaming surf productWeb page by 'Dyslexic Web Designs' Australia
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Gecko Tactical Products - Vests, Clothing, Gloves, Hats, Holsters & More http://www.geckotactical.com/
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Welcome to Gecko Tactical Products.
Gecko Tactical, or G‐Tac, is a brand new line of inspired tactical clothing.
We aim to apply our situational experience and knowledge of consumer requirements in an effort to produce some of thebest, most innovative and well designed tactical products on
the market.
Our company attitude is simple. We aim to produce new,improved products constantly. We do not intent to producegoods purely to sell as cheaply as possible. We also have nointentions of charging any brand name profit ‐ you will neverbe charged extra for our name. Through our experience, we hope to offer you a revolutionary brand name ‐ one that is
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These swift olive geckos are ready for fun, with stitchedbacks, cut-out eyes and detailed toes. Sand background makes this shoe versatile for your little go-getter.
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Gummi Sour Gecko Candy 40ct (coming soon) http://candy-crate.stores.yahoo.net/sogeguca31.html
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Retro & Nostalgic Candy & Gift Store > Retro Candy > Retro Candy by the Box > Gummi Sour Gecko Candy 40ct (coming soon)
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Turtle Max Reptile Gifts :: Stationery & Desk :: Greeting Cards :: Gecko Surf Greeting Card
Gecko Surf Greeting Card
Hey dudes!!! The surf's up!
This trio of geckos is racing out to catch the waves on their colorful surfboards.
This card is "tree-free", being made from the Kenaf plant and processed with no harmful chemicals. The Kenaf plant grows 15 feet in five months and is grown in North America.
The card is blank inside and comes with a colorful envelope as shown in the picture.
Size: 5" x 7" (1 card, 1 envelope)
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OPPOSITION NO. 91179089 MOTION FOR SUMMARY JUDGMENT ON OPPOSER’S CLAIMS OF
DILUTION AND LIKELIHOOD OF CONFUSION
EXHIBIT M: Third-Party Use of GECKO for Which There is Also a Federal Trademark Registration
SarStein™ - Stuffed Animal http://www.sartec.com/cgi-local/SoftCart.100.exe/online-store/scstore/p-...
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SarGecko™ - Stuffed Animal
SarGecko™ - Stuffed Animal
Price: $ 8.95
Quantity:
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http://geckogrease.com/index.html
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Gecko Grease® is manufactured with loving care by Jeannie Bayless Proprietor of Heartstrings.Post:2040 West 900 North:Markle, IN 46770:Phone:260.638.4978
We thank you for visiting our e-digs!
We’re unleashing theGecko on the web tomake our smashingly-good-vibe-hoppin’-lip-balm-lip-smackingproduct available to smart folks like yourself!
Puckered, pouty or pursed,they’re happy lips with Gecko Grease®.
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Gecko Glass http://www.southernfront.com/en-us/dept_229.html
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Gecko GlassGecko Glass has some of the most beautiful colors of any glass manufacturer. Thepictures shown in this section do not do justice to the actual beauty of the glass. It's alsothe most affordable art glass on the market for fusers. Artists & Craftsmen have beenraving about it's fusibility for several years. Although it is suggested that you use an overspray prior to firing, there is no more prep work required to yield amazingly designed art pieces, with a greater potential for profits than ever before. Gecko Glass has a COE 109,which is a softer melting point than most, thus reducing the heat required for draping &fusing. We have a "Fusible Facts" sheet listing the guidelines for slump/forming, tack or fullfuse, firing and annealing schedules. If interested, just ask for one with your order.
Gecko Glass Sample Boxes
Clear Cathedral Textured Cathedral Wispy, Streaky,
Opalescent
Mists Mottles Metallics Granite, Ripple
Fractures & Streamers Iridized Glass
OPPOSITION NO. 91179089 MOTION FOR SUMMARY JUDGMENT ON OPPOSER’S CLAIMS OF
DILUTION AND LIKELIHOOD OF CONFUSION
EXHIBIT N: FROM THE GECKO Product Packaging Images