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NEWS FROM OSTROLENK, FABER, GERB & SOFFEN, LLP
May 2006

Robert Faber, Peter Sloane and Douglas Hahn are representing Durkee-Mower, Inc. in a lawsuit recently filed against Williams-Sonoma, Inc. in the United States District Court for the District of Massachusetts. The lawsuit accuses Williams-Sonoma Inc. of trademark infringement for misusing the registered trademark FLUFFERNUTTER in the sale of a marshmallow and peanut butter chocolate-covered candy. On March 29, 2006, the Boston Globe quoted Mr. Sloane as stating that Williams-Sonoma is "trying to trade on the nostalgia for the classic Durkee-Mower product without acknowledging our trademark rights."

On April 25, 2006, Robert Faber was the speaker at the monthly meeting of the International Property Law Association of Florida, discussing the limiting effect of statements in a patent specification on the scope of patent claims. Representative Federal Circuit precedents on this subject were considered. For more information, please contact Mr. Faber at rfaber@ostrolenk.com.