The American chocolate wafer and cream cookie most of us know (and love?) is made by Nabisco and sold under the name
Oreo. But an earlier brand of chocolate wafer cream-filled cookie called HydroxTM was sold from 1908 until around 1999.
In 2008 a company called Leaf Brands that specializes in reviving disappeared food items decided to try to bring Hydrox
cookies back. The trademark by that time was owned by the cereal maker Kellogg. Someone from Leaf contacted Kellogg's
consumer affairs office and explained that he was a big fan of Hydrox cookies. He asked if the company had any plans to
bring it back. Kellogg's consumer affairs representative said "Sorry- no plans to ever revive the Hydrox brand." Does this
mean that Leaf Brands is free to use the Hydrox name? Please explain whether trademark law protects (or doesn't) a
trademark that is owned but no longer being used by a company.