Tabberone is pronounced tab ber won not tay ber own

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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Sebastian v Longs Drug Stores, 53 F.3d 1073 (9th Cir 1994) Footnote 9 - Sebastian concedes that it formed the Collective and created the collective mark "[i]n an effort to combat the 'diversion' of its products to [drug stores and other retail locations]...." As we held in Sega, a trademark owner's "deliberate decision ... to include in [its product] a device which would both limit general access and cause false labeling," 977 F.2d at 1529, was contrary to trademark policy because " '[a] trademark is misused if it serves to limit competition in the manufacture and sales of a product. That is the special province of the limited monopolies provided pursuant to the patent laws.' " Id. at 1515-30 (quoting Anti-Monopoly, Inc. v. General Mills Fun Group, 611 F.2d 296, 301 (9th Cir.1979) (citations omitted))