WEBVTT 00:00:00.000 --> 00:00:06.280 align:middle line:90% 00:00:06.280 --> 00:00:08.530 align:middle line:84% So I'm going to read a couple of pieces 00:00:08.530 --> 00:00:11.350 align:middle line:84% from a new project called "Civilian Border Patrol." 00:00:11.350 --> 00:00:13.990 align:middle line:90% 00:00:13.990 --> 00:00:18.630 align:middle line:90% Seemed apropos. 00:00:18.630 --> 00:00:27.930 align:middle line:84% So the chapters from this work are titled after gap sections. 00:00:27.930 --> 00:00:33.270 align:middle line:84% So Chapter 12: Market access, demand, supply, pat down, 00:00:33.270 --> 00:00:34.440 align:middle line:90% inter alia. 00:00:34.440 --> 00:00:37.915 align:middle line:84% Setting: United States Patent and Trademark Office. 00:00:37.915 --> 00:00:43.950 align:middle line:90% 00:00:43.950 --> 00:00:45.120 align:middle line:90% "1996. 00:00:45.120 --> 00:00:49.620 align:middle line:84% Egg patty, US design patent 376251. 00:00:49.620 --> 00:00:50.610 align:middle line:90% 1996. 00:00:50.610 --> 00:00:54.180 align:middle line:84% Fat-free bread stuffing process, therefore Canadian patent 00:00:54.180 --> 00:00:56.490 align:middle line:90% 2174824. 00:00:56.490 --> 00:00:57.420 align:middle line:90% 1997. 00:00:57.420 --> 00:01:01.560 align:middle line:84% Simulated egg patty, US patent 5260735. 00:01:01.560 --> 00:01:05.860 align:middle line:84% On December 7, 1998, Robert's American Gourmet and New York 00:01:05.860 --> 00:01:07.230 align:middle line:90% Corporation-- 00:01:07.230 --> 00:01:10.110 align:middle line:84% Tortillas date back as far as 10,000 years before Christ. 00:01:10.110 --> 00:01:11.970 align:middle line:84% It was the principal food of the Aztecs. 00:01:11.970 --> 00:01:14.190 align:middle line:84% --filed an application to register on the Principal 00:01:14.190 --> 00:01:16.470 align:middle line:84% Register the mark St. John's Wort Tortilla 00:01:16.470 --> 00:01:20.550 align:middle line:84% for 'herbal and natural snacks' in International Class '30-- 00:01:20.550 --> 00:01:22.770 align:middle line:84% The main diet of these people was corn. 00:01:22.770 --> 00:01:24.870 align:middle line:84% --Applicant claim dates of first use 00:01:24.870 --> 00:01:27.593 align:middle line:84% and first use in commerce, Merlin development, food 00:01:27.593 --> 00:01:29.010 align:middle line:84% product development, and research. 00:01:29.010 --> 00:01:30.180 align:middle line:90% 1998. 00:01:30.180 --> 00:01:33.720 align:middle line:84% Composition and method for flavoring popcorn product, US 00:01:33.720 --> 00:01:35.944 align:middle line:90% patent 5750166. 00:01:35.944 --> 00:01:39.690 align:middle line:84% 1996 tortillas, having increased flexibility and process, 00:01:39.690 --> 00:01:43.530 align:middle line:84% therefore Canadian patent 2174816-- 00:01:43.530 --> 00:01:45.040 align:middle line:84% As time went on, the Indians learned 00:01:45.040 --> 00:01:47.040 align:middle line:84% to soak the corn kernels in the lime solution 00:01:47.040 --> 00:01:48.390 align:middle line:90% until the skins came off. 00:01:48.390 --> 00:01:50.550 align:middle line:84% --Tortilla Industry Association announces 00:01:50.550 --> 00:01:52.980 align:middle line:90% 2004 Hall of Fame recipients. 00:01:52.980 --> 00:01:56.622 align:middle line:84% The awards were given during the 2004 TIA annual convention held 00:01:56.622 --> 00:01:58.080 align:middle line:84% jointly this year with the American 00:01:58.080 --> 00:02:00.360 align:middle line:90% Association of Cereal Chemists. 00:02:00.360 --> 00:02:02.370 align:middle line:84% The examining attorney, inter alia, 00:02:02.370 --> 00:02:03.960 align:middle line:84% refused registration of the proposed 00:02:03.960 --> 00:02:06.240 align:middle line:90% mark as merely descriptive. 00:02:06.240 --> 00:02:11.310 align:middle line:84% Under Section 2E1 of the Trademark Act 15 USC 2E1 00:02:11.310 --> 00:02:12.840 align:middle line:84% and stated that the proposed mark 00:02:12.840 --> 00:02:14.980 align:middle line:84% appears to be generic of the goods, 00:02:14.980 --> 00:02:16.950 align:middle line:84% including as evidence a dictionary definition 00:02:16.950 --> 00:02:18.750 align:middle line:90% of the word tortilla-- 00:02:18.750 --> 00:02:21.465 align:middle line:84% Tortilla was the name given by the Spaniards 00:02:21.465 --> 00:02:23.940 align:middle line:84% to the unleavened flatbread they found in Mexico 00:02:23.940 --> 00:02:26.190 align:middle line:84% among the Aztec in the 16th century. 00:02:26.190 --> 00:02:28.440 align:middle line:84% --and printouts from a few websites showing 00:02:28.440 --> 00:02:31.350 align:middle line:84% uses of St. John's Wort as an herbal ingredient or 00:02:31.350 --> 00:02:32.940 align:middle line:90% nutritional supplement. 00:02:32.940 --> 00:02:35.250 align:middle line:84% Obviously, the Barnes & Noble's operation 00:02:35.250 --> 00:02:38.070 align:middle line:84% is imitating amazon.com, but businesses have always done so. 00:02:38.070 --> 00:02:40.200 align:middle line:84% If a Mexican restaurant becomes popular in town, 00:02:40.200 --> 00:02:42.300 align:middle line:84% other Mexican restaurants are sure to follow. 00:02:42.300 --> 00:02:45.450 align:middle line:84% La Tortilla Loca is owned and operated 00:02:45.450 --> 00:02:48.030 align:middle line:84% by Richard and Imelda Rubin, husband and wife, 00:02:48.030 --> 00:02:51.060 align:middle line:84% in a small town of Rio Rico, Arizona. 00:02:51.060 --> 00:02:52.770 align:middle line:90% We are a minority-run business. 00:02:52.770 --> 00:02:53.760 align:middle line:90% 1993. 00:02:53.760 --> 00:02:58.830 align:middle line:84% Microwavable batter-coated dough and robed foodstuff, US patent 00:02:58.830 --> 00:03:00.790 align:middle line:90% 5120552. 00:03:00.790 --> 00:03:01.770 align:middle line:90% 1990. 00:03:01.770 --> 00:03:04.500 align:middle line:84% Controlling the texture of microwaved brownies, 00:03:04.500 --> 00:03:07.740 align:middle line:90% US patent 4940595. 00:03:07.740 --> 00:03:08.700 align:middle line:90% 1990. 00:03:08.700 --> 00:03:14.130 align:middle line:84% Taco shell and method of manufacture, US patent 4950490. 00:03:14.130 --> 00:03:15.510 align:middle line:84% The situation would be comparable 00:03:15.510 --> 00:03:18.450 align:middle line:84% to a Mexican restaurant patenting tortillas or tamales 00:03:18.450 --> 00:03:21.270 align:middle line:84% to prevent competition from other Mexican restaurants. 00:03:21.270 --> 00:03:23.670 align:middle line:84% In addition, the examining attorney held that 00:03:23.670 --> 00:03:27.930 align:middle line:84% the identification of goods 'herbal and natural snacks' was 00:03:27.930 --> 00:03:31.560 align:middle line:84% indefinite, with Imelda Rubin as president and 51% owner, 00:03:31.560 --> 00:03:34.230 align:middle line:84% and Richard Rubin as responsible for sales and marketing-- 00:03:34.230 --> 00:03:36.030 align:middle line:84% In Mexico, a young girl will spend 00:03:36.030 --> 00:03:38.730 align:middle line:84% years learning the secrets to making the perfect tortilla. 00:03:38.730 --> 00:03:41.650 align:middle line:84% Today, tortillas are prepared using the same ingredients, 00:03:41.650 --> 00:03:44.160 align:middle line:84% but machines have replaced the Indian women. 00:03:44.160 --> 00:03:46.050 align:middle line:84% --In response, applicant, inter alia, 00:03:46.050 --> 00:03:48.630 align:middle line:84% submitted an amendment to the identification of goods to be 00:03:48.630 --> 00:03:51.450 align:middle line:84% read 'herbal and natural snacks,' namely tortilla chips, 00:03:51.450 --> 00:03:54.120 align:middle line:84% tortilla shells containing St. John's Wort-- 00:03:54.120 --> 00:03:55.860 align:middle line:84% Tortillas have gone from an ethnic food 00:03:55.860 --> 00:03:57.750 align:middle line:84% to mainstream in the United States. 00:03:57.750 --> 00:04:00.060 align:middle line:84% We are very excited to be part of an industry that 00:04:00.060 --> 00:04:02.340 align:middle line:84% has been so well-accepted in the mainstream. 00:04:02.340 --> 00:04:05.550 align:middle line:84% While nobody to date has succeeded in patenting tamales, 00:04:05.550 --> 00:04:07.258 align:middle line:84% one Mexican restaurant in Houston 00:04:07.258 --> 00:04:09.300 align:middle line:84% has already won a suit against another restaurant 00:04:09.300 --> 00:04:10.990 align:middle line:90% for copying its decor. 00:04:10.990 --> 00:04:11.590 align:middle line:90% Fisher. 00:04:11.590 --> 00:04:12.750 align:middle line:90% 1999. 00:04:12.750 --> 00:04:15.960 align:middle line:84% All our products come with a 100% customer satisfaction 00:04:15.960 --> 00:04:16.950 align:middle line:90% guarantee. 00:04:16.950 --> 00:04:19.790 align:middle line:90% --Other patents pending." 00:04:19.790 --> 00:04:24.000 align:middle line:90%