evidence to buy things that show sale or advertise that the typical service mark uses evidence by materials that show sale or arose at the time of the filing the collection was housed in these really large sheds it was an outdoor sign advertising the collection interior of the later days of this men or two thousand and one was this brochure that was at the facility this is most of the vehicles on display and very importantly had a map for how to get questions how we got distributed answers i expected that people would come through the collection looking at it and take one or more approach yours with them to show their friends first you know when that person was pretty answer for reasons for people credit the record doesn't contain any evidence that the brochure was actually distributed to people who took it home and showed it to other people right that's part of the evidence that we have is that the brochure telling you how to get onerous can possibly be museums and some of the problem is whether there's something more here than the collection of the sort that i just described even a pretty impressive collection by somebody who has a fair number of people that actually do have an interest in seeing what he has to do in this collection i absolutely agree it must be a minimum threshold in life a threshold is  troubling me about this distinction that we're grappling with here we suppose you've got this case involved in part stamp collection to suppose you've got a person who runs a business as a stamp seller and buyer and he has a couple of very valuable stamps and nodded to induce people to come in to it's his business he puts a little sign on the front which is c v i forget what it's called the upside down biplane or whatever  is that it was posted because in political fundraiser it was being held at the facility if you look at the photographs of the facility you'll see it's one of the building one storage warehouse type historically why would why would that why would his willingness to have somebody else's car sitting beside him perhaps to allow for a conversation about differences between them to highlight the significance of the war why would the presence of somebody else's own beer goes against him and in any circumstance well it wouldn't in the circumstance where he's claiming that this use is explicitly his and if you look at the history of the company this collection was the visitor's bureau or the chamber of commerce or otherwise held out to people who might come and see this as a real threat but is it reasonable to to conclude that those publications were intended to be distributed otherwise why would there be a map i think maybe some visitors that return it's all speculation there's no testimony as to but isn't that consistent with quite a lot of have an agenda record that might suggest because it was amusing that's fine your burden is to point to the evidence on the record that supports the conclusion it was not amusing and i don't i don't hear you telling me much except in practice you don't like the sign because it was put up to a political event even though it did remain in africa and your answer there is well it was not up on the date the application was so maybe what else of an auction whole mess of people really you know is that pertinent to this discussion i don't think so that occurred in two thousand and four testimony do you have any comment on his representation let me just say where the way it struck me is that they remember what the exact number was pretending like into the thousands or a thousand or so or come to a political party his test wasn't with the sign up because he was having this shindig that was the motivation for the timing so he could find the people coming to see the election it was strapped into a fund raising event which had a bonus reason to go to see the collection so it wasn't that the fundraiser took place and to share the fun as it was at the collection because that's the excuse