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 John Paul Mitchell v Randalls Food Markets, 17 S.W.3d 721 (TX 2000) We have earlier rejected the suggestion that defaced batch codes alone are legally sufficient evidence that the product inside the bottles is not genuine (without, for example, proof of puncturing that might lead to contamination). See supra pp. 734-35. Here there was no evidence that removal of the batch codes defaced the bottles or compromised the quality of the products. Nor does the removal of batch codes alone establish a material difference due to lack of quality control. The quality of the product was injected by Paul Mitchell in the manufacturing process; absent evidence of tainting or mishandling, an unauthorized sale does not create a material difference on the basis of quality. See Matrix, 988 F.2d at 592 ("Matrix's use of professional hair care salons as its exclusive distribution channel seems more marketing-related than quality-related.").