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NOTE: This order is nonprecedential.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

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ISSUED AS A MANDATE: January 16, 2014