Tabberone is pronounced tab ber won |
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"lamps made from empty bottles" This is where her arguments fall apart. She relies upon Brilliance Audio, Inc., v Haights Cross Communications, Inc but that case covers different issues that she atempts to use here. In Brilliance, the trademark was affixed to a product repackaged by Haights. Here, a genuine bottle with a genuine trademark is being used to make the lamp. The product of her client was the liquid inside the bottle, or in some cases a can. The container has not been altered except for a hole drilled in the bottom. The product, the liquid, has been consumed and is not being resold nor has it been altered. Only the packaing is being used. |