Tabberone is pronounced tab ber won not tay ber own

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Source: http://www.sodbuster.com/Kids%20Articles/anthabit.htm December 9, 2008 - content has not been altered. It has beed reformatted.

Ms. Jennifer Crown SODBUSTER Imperial, NE 69033 In re: U.S Reg. T.M. No. 863,461 for "ANT FARM" Our Docket No. 5309 Dear Ms. Crown: I note that you don't like reptiles. However, into each life a reptile (lawyer) must come a calling. We have been asked to contact you by our client UNCLE MILTON INDUSTRIES,INC., of Westlake Village, California, proprietor of the above identified trade mark. In one of your recent articles under your FOR KIDS category, you taught how to make an ant habitat. Unfortunately, you used our client's registered mark as the generic term. Such improper use is of concern to our client because it employs our client's incontestable registered mark in a descriptive (if not generic) sense in describing your ant habitat. It is incumbent upon us to prevent those uses which tend to make the mark generic. To date, our client has expended substantial effort in the policing of the mark and to stop all unauthorized usage of the mark. The above identified registration, a copy of which is enclosed (with the "snailİmail copy), affords to our client the exclusive use of the mark "ANT FARM." The mark has acquired secondary meaning and may not be used as the common, descriptive name of an insect vivarium or ant habitat. At your earliest, please take such steps as are appropriate to prevent any dilution of the distinctive character of our client's registered mark. The structure that is described in your text certainly lacks many of the educational benefits of the genuine "ANT FARM" insect vivarium distributed by UNCLE MILTON INDUSTRIES. At the very least, you should post a notice advising your readers that "ANT FARM" is a registered trademark and that your project is more properly called an ant habitat. You may select an alternative descriptive phrase so long as it is not confusingly similar to our client's registered trademark. We would appreciate a reply prior to June 20, 1998. We trust that in such reply, you will indicate your acquiescence in our requests and advise us as to when we might see your clarification in your 'zine. Very truly yours, KLEINBERG & LERNER, LLP By MARVIN H. KLEINBERG Encl. c: S. Levine UNCLE MILTON INDUSTRIES, INC.