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<br />February 22, 2005 <br /> <br />Rich Michaud <br />City of Coral Springs <br />955 I West Sample Road <br />Coral Springs, FL 33065 <br /> <br />Dear Rich: <br /> <br />Per our conversation on Friday I have included five additional brochures for your meeting with the <br />architectural review board as well as photos of various dome roof shelters that may offer some wall <br />options for the shelters that we are discussing. <br /> <br />One portion of the conversation with your procurement officer concerned the uniqueness' of the Tolar <br />Manufacturing product. While we have formal patents on two of our benches and trash receptacles, our <br />shelter designs are general protected under a ruling by the United States Supreme Court Two Peso, Inc v. <br />Taco Cabana International. Inc. 112S.Ct.2753,23USPQ2d 1081 (1992) which confirmed what several <br />lower courts had previously held, namely that a trade dress owner can qualify for the protection <br />nonfunctional, inherently distinctive trade dress as soon as it adopts and begins using that trade dress <br />officially. The twin tube roof perimeter that is employed in our shelter design has been in use my Tolar <br />Manufacturing Company, Inc. since 1991. <br /> <br />Your procurement officer also asked about similar RFPIIFB that could be attached to for the purposes of <br />this purchase. Once we determine the shelter style we will be able to further define the information he is <br />looking for. <br /> <br />Please contact me with any questions that may come out of you Wednesday meeting. <br /> <br />Sincerely, <br /> <br />Patrick Merrick <br />National Sales Manager <br />