Document Rj7dyQ2441ZxdY99Zb1DGX3m8

Mf */ K. C. logera Jon S. BihiiV PLAINTIFF'S EXHIBIT MAR-543 September 14, 1971 Jain Allard Brake-In-A- Box Bay Lippltt he* reported Chet the three proposed trademark* aa aet forth in ay letter to hin of August 12 are available. Ve will need to advise Ray as to the specific naae being selected, furnish him with a copy of the logo or fora which Is used la connection with a sale of the product in Inter state eoanerce and thirdly advise hla as to the dace on which such tradeoark was first used in an Interstate sale. As you are aware, the Initial sale date does not necessarily have to concur with the date on which the entire program Is inpleeentad but nay be an arranged sale to a friendly cus tomer in another state. Please advise ae as to your deci sion so that 1 night alert Lippltt that Che trademark will be put Into process. Lippltt hss reported that the concept of putting all the various ltaas in a box is not patantsble. Even If the perticuler box were designed to have e "unique cooperation D or accommodation" with the parts contained therein which would allow dm securing of e utility patent, such protectlem would be of United value since the competitor asrely could throw the parts Into a different box and probably maintain the position that It did not Infringe our patent. Lippltt did Indicate however that there nay be some United marketing advantage In applying for a patent. As you nay know, once a patent Is applied for. It usually takes up to two years for the examiner to rule whether the novelty being covered by the patent is of e sufficient nature which would allow a patent to Issue. During such two year period, the company could put on the box tbs words "Batanfc Pending". This night defer some conpedtors from anbsrHng upon exactly the seme concept since the patent which night ultimately be Issued could cover the exact program being used by the competitor. A savvy competitor would of course vary the box design as well as the method by which the parts are being Incorporated therein so as to avoid the potential infringement problem* In the event you desire this limited protection as a market strategy, Lippltt has advised that the filing of an application for e design patent (l.e., only covering the unique appearance of the product or package; would run about $300. in the event MAR 003724 1 / Ik? Mono to ft. C. Sogers Be: Brake-m-A-8o* September 14, 1971 - PUge 2 that we would take the tlaa to work up a utility patent (soottbev combining or tying in the packaging with the product in a unique or novel nenser), Llppitt estiaatas the coat to run about $1,000. X suggest that If you desire to pursue this natter further, you should directly contact Bay Llppitt for further clari fication. JSKipJp Bocl. w MAR 003725