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                NOTE: This order is nonprecedential.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
