Trademark Abandonment (5 USCS 1127)

1. Massive Construction Co. made and distributed construction products. Massive used the trademark TuffStuff to sell steel beams. Massive's new CEO then convinced the board to shift the company's focus to home electronic products. To show competitors and investors that Massive intended to put 100% of its resources into this new venture, Massive announced the discontinuation of its construction product lines, including its steel beams. Massive also announced that it has permanently ended use of the TuffStuff mark. It sold the facilities used to make construction goods, gave away its remaining inventory and assigned new duties to its staff. With no intent to resume use, Massive Construction Co. filed an express abandonment of their application with the United States Patent and Trademark Office (USPTO). Two years later, with its electronic products business failing, Massive decides to restart its discontinued construction product lines. However, it learns that in the interim another company has been using TuffStuff in connection with steel beams. Massive argues that it still owns the rights to use the mark because it only stopped use for a couple years. Has Massive abandoned the TuffStuff mark?