PROFORM TECHNOLOGY

Description

side structures, namely, living hinges, that are built into the sides of rigid semi-cylindrical knee brace frames, wherein the side structures are sold as integral components of high-end rigid hinged ligament and osteoarthritis knee braces having a retail cost from about $400 to $1200 that are mounted on the leg to enclose the knee and rotate about the mechanical bearing hinges of the frames in correspondence with flexion of the knee, and wherein rigid hinged knee braces containing the side structures are classified as Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) by Medicare and private healthcare insurers qualifying the braces for insurance reimbursement and are sold to end users by their treating physicians and on-line by e-commerce specialty suppliers of orthopedic medical equipment and are not sold to end users in brick-and-mortar retail stores nor on brick-and-mortar retailers' websites nor by operators of on-line marketplaces via their websites other than as intermediaries to sales on their websites by third-party e-commerce specialty suppliers, furthermore the mark is only displayed in marketing materials produced in hard-copy print format or electronic format viewed by customers before or at the time of purchasing knee braces containing the side structures and the mark is not affixed to knee braces nor to tags, labels, packaging or packaging inserts for knee braces, furthermore knee braces containing the side structures are not advertised in mass-market media, namely, television, radio, newspapers and general circulation magazines, and the side structures are not sold as integral components of orthopedic braces for any parts of the body other than the knee nor as integral components of soft hinged and hingeless knee braces, low-end knee braces in a lower cost range and knee braces that do not qualify for insurance reimbursement, all of which lack the side structures and are the types of knee braces sold to end users in brick-and-mortar retail stores, on brick-and-mortar retailers' websites and in on-line marketplaces by the marketplace operators as direct sellers to end users