Case: 12-1052 Document: 27 Page: 1 Filed: 01/16/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

TEMPUR-PEDIC MANAGEMENT, INC., AND DAN FOAM APS, Appellants,

v.

FKA DISTRIBUTING CO., Appellee. ______________________

2012-1052 ______________________

Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board in Opposition No. 91185706. ______________________

ON MOTION ______________________

ORDER Having received no objection to this court’s December 30, 2013 order, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) Each side shall bear its own costs. Case: 12-1052 Document: 27 Page: 2 Filed: 01/16/2014

2 TEMPUR-PEDIC MANAGEMENT, INC. v. FKA DISTRIBUTING CO.

FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

s21

ISSUED AS A MANDATE: January 16, 2014