Oat & Sultana Cookie
65% less total sugar than an average cookie, no added refined sugar, high in dietary fiber. This cookie was referred to, by others, as the "clever cookie" for good reason ... it was a yummy combination of OATS, sultanas and spices. It was low in sugar - tasted great with a low glycaemic index/load. And despite disinformation, oats "quite safe...now recommend that oats can be eaten in moderation. This has made the life of a coeliac subject much easier” (ref: “Coeliac Dis Info-1” pub. 29Apr02) a summary of Gastroenterol Hepatol 2000 Sep;15(9):1032-6 Adult coeliac disease: prevalence and clinical significance by Cook HB, Burt MJ, Collett JA, Whitehead MR, Frampton CM, Chapman BA, Department of Gastroenterology, Christchurch Hospital and Christchurch School of Medicine, New Zealand.
It was put onto shelves, able to be scanned by numerous independently owned organic stores throughout New Zealand, within days of its Jul'05 availability. But, in order for it to be loaded into entrenched duopoloy-oligopoly supermarket systems, it had to wait for ANNUAL category ranging and needed to replace an existing product...a never nimble ("a. (-er, -est, -bly). Agile, swift; (of mind &c.) quick, clever [obsolete nim take]") process.
In the USA, for other cookie products, the "ACTION CODE: R" (reduce) took over a year to fix in the "BAKERY/COFFEE TEAMS: ALWAYS CHECK IN WITH YOUR SIGNMAKER REGARDING WHICH SIGNS YOU WILL NEED" (email 23/2/10). Where "prior to March 2009 our wholesale price was [US]$4.50 and your retail price was [US]$9.49 ie a gross margin of 52.58%. Our wholesale price to you since March 2009 has been [US]$3.50 and now the retail price has been reduced to $8.49 ie a gross margin of 58.78%". The request for further "reducing our retail prices to $7.38 ie a gross margin of 52.58%" (2/3/10) was completely IGNORED. "ignore, v.t. Refuse to take notice of; (of Grand Jury) reject (bill). [IN⁻², L gno- know]; oppugn v.t. Controvert, not admit" (ref: Dictionary, Oxford, Pocket, edition 4). And "Allegro Coffee Company" (2:13-cv-02174 dkt 27-2) was yet another example of “growth by acquisition" [ref: United States v. Philadelphia Nat. Bank, 374 U.S. 321, 370, 83 S.Ct. 1715, 1745 (1963)].
Another ignored "SOS, wireless code-signal of extreme distress" was the Safeway Inc USPTO TTAB "Petition to Cancel" our EATRIGHT® mark ... taking a "huge TOLL…personally" (email sent Jul’09) and "clear SIGNAL…ttab proceeding" (ref: May’12; signal, a., n., & v. [L signum]). Where "SOS" distress not "SOS" saucepans and USPTO reg # 0128961 "SOS" cleanser and polish but USPTO reg # 0714022 "S.O.S." soap pads with registrant "General Foods Corporation" then multiple assignments, currently "The Clorox Company". Where relevance includes General Foods Corp. v. FTC, 386 F.2d 936, 944-47 (3d Cir. 1967), cert. denied, 391 U.S. 919, 88 S.Ct. 1805, 20 L.Ed.2d 657 (1968) and FTC v. Procter Gamble Co., 386 U.S. 568, 87 S.Ct. 1224, 18 L.Ed.2d 303 (1967) opinion by Justice W "O" Douglas. Also
® USPTO reg # 0714022 includes specimen (20Oct08) "new blue!" for the ".O." where "table salt, known as Blue Label" [FTC v. Morton Salt Co., 334 U.S. 37 (1948)]
® Safeway Inc new blue "O" in "O Organics" (USPTO serial # 76634293, 78762988, 76667670, 76667671) but "multiple offender" 20 F.R.D. 451 (N.D. Tex. 1957), 384 U.S. 270, 301 (1966) opinion Justice "BLACK", "Vons" (2:13-cv-02174 dkt 32-2 itsgot.com/companies/2-Albertsons-Inc; /37-Vons; but excludes Andronico's or Haggen)
® Whole Foods stylized "O" (USPTO reg. 2986013 (earrings, fasteners [ref: ROMAG FASTENERS, INC., Plaintiff, v. FOSSIL, INC...Zappos.Com, Inc., and Zappos Retail, Inc., 979 F. Supp. 2d 264] reg. 5091860 and reg. 4346441 [on 5Oct12 with specimen "seller: Whole Foods Market, Inc"])
© "O-EATRI" online shop orders
0 or NO outer circle for ™ and no particular symbol used for patent, designs, plant varietal rights, geographical indicators
O FTC v. WFMI case 0710114 dkt 9324 ’buying [Wild OATS; ticker "OATS"] . . . we eliminate forever the possibility of Kroger, Super Value, or Safeway [leveraging] their brand equity’ (dkt 32-2 itsgot.com/companies/418-Wild-Oats-Markets-Inc). Where New Zealand Commerce Commission issued "Guidelines on the Application of Competition Law to Intellectual Property Rights" (pub. Apr'23).
Hence, even though Eat Right Foods Ltd has supplied innovations to the market more efficiently [see eg “concerns about the nutritional adequacy of the GFD, both in terms of what it may lack (fibre and adequate amounts of micronutrients) and what it may contain” [additives, preservatives, GMO’s] and Table 2.13: Novel treatment targets and proposed interventions in "The Recognition, Diagnosis, and Management of Coeliac Disease in New Zealand" by KM Kenrick (pub. Dec18)], a customer is more likely to purchase from [] in order to obtain the benefit of the tied & bundled discount that applies to the incontestable “essential” services. Yet tiny amounts are invested in [anti-competitive] antitrust enforcement, even though evidence shows it increases productivity.
"Karma happens" according to BRAC Shareholders Meeting (24Mar15) keynote speaker "Dr Elstrott" [Sanskrit karma action (ref: OX Dict.)]; Whole Payout?...$171 million on Amazon Deal (ref: expressnews.com 27Jun21); Baton Rouge Area Chamber of Commerce (BRAC) speaker's email to "ERF" <$50m so "operating issues...board not involved" (15Nov12) but 2:13-cv-02174 dkt 98-7 p2 "annual shareholders meeting" (Sep'12). And entrepreneurial exporters will not invest or continue to invest if they cannot keep the fruits of their investment (paraphrased combinations of in-shop research).
And the "One Medical" [also referred to as "leverage, clout, or bargaining power"] merger or acquisition (ref: 603 F.2d 263 (2d Cir. 1979)) provides significant potential for tie-in "if medical practice requires the consumption of functional foods as a prerequisite for treatment of a certain medical condition” (ref: Leveraging growth in the emerging functional foods industry by PWC pub. Aug'09; still available courtesy of truthinadvertising.org and below) with the consequence of even deeper [buy-for-burial 2:13-cv-02174 dkt 55-1] of T. Colin Campbell, Ph.D. email evidence (19Nov11) "Report on Permanent Weight Loss" by Roberta Russell (pub. 29Sep16; [unearthed 5Feb20]).
See again General Foods Corp. v. FTC, 386 F.2d 936, 944-47 where General Foods Corporation (hereinafter "G.F.") not “GF” or “G.F.” (abbrev. “gluten-free foods”) in the wider USPTO reg. 77470886 class 5 “food preparations adapted for medical purposes”. Where EATRIGHT® formulations focused on “accommodating individuals with certain health conditions” [not specifically “Lousewife” (louse 1. n. (pl. lice). Kinds of parasictic insect. 2. v.t. Rid of lice (ref: Ox Dictionary 4th ed) that infests consumers irrespective of gender] but relevance to “entry of such a large, well-financed, aggressive competitor would necessarily hamper whatever effect potential competition had in the pre-merger market. This result follows because the threat of entrance into a given market by potential competitors is reduced to the extent that entry barriers are raised”.
Where “there were so many other factors in play, such as private label, you know, given the global [2:13-cv-02174 dkt 26-2 “45% less sugar, low glycaemic response, New Zealand handmade jams”] carrot [and multiple other flavor capabilities] that didn't go ahead“ (ref: 10Mar15 p145). See also “Wildoats...pending merger with Whole Foods” (20Feb07 email 28Feb07 reply) and “All our products [at that time, supplied to] “Whole Foods Market Northern California, Pacific North West, mid Atlantic and Rocky Mountain regions [were]
* Gluten & Wheat free
* Egg free
* Nut & Peanut free
* Include certified organic ingredients
* Handmade in small batches
* Made with ingredients you can pronounce
* No hydrogenate oils, no refined sugar, no gums and no sugar alcohols…
[a] 65% less sugar than an average cookie and high in fibre. Our plum and carrot jams [were] 50% less sugar than regular jam/jelly…We [did visit] Boulder Colorado Wednesday 7th March and Thursday 8th March [but didn't] present samples to" [Wild Oats Inc, Home Office].
See also case filing date 12Jul12 1:12-cv-00633 by "Whole Foods Market IP, L.P." not "WFM IP Investments Inc, WFM IP Management Inc etc 2:13-cv-02174 dkt 27-2) over "CORE…" [core "n. horny capsule containing seeds of apple &c; innermost part or heart; nucleus etc" (ref: OX Dict.]. Date relevance to "manufacturing plant and equipment of Eat Right Foods but not the company...registration rights…remain owned...as did other intellectual property" (pub. 16Jul12). Where USPTO reg. 4016802 "NOS Notice of Suit Incoming" (19Sep12), specimen ("excellent source of vitamin A" blue-green; 13Jun11) and "Whole Foods…Vitamin Shoppe…resolving ALL claims" (pub. 3Oct12) and USPTO reg. 4346441 5Oct12).
Ingredients: certified organic rolled oats (Avena sativa) (33%) , cert organic unhulled buckwheat flour, cert organic butter (milk), liquid carbohydrate (yeast reduced grape juice, dextrins), cert. organic sultanas (6%), certified organic apple pieces, chicory root fiber, certified organic secret spice blend.
Contains: milk
Shelf life: 12 Weeks, No chilling required. Keep out of sunlight
- Amazon's Whole Foods Deal Could Still Be Reversed Thanks to Forgotten Antitrust Case
pub. 27Aug17 by Woodcock, Ramsi; University of Kentucky Rosenberg College of Law,
- Baton Rouge Chamber of Commerce Shareholders’ Meeting.
Where opinion by Justice Hugo LAFAYETTE Black in FTC v. Morton Salt, 334 U.S. 37 (1948) at 48-49; rock salt 'Weeks Island, LA'
- Downturn market [an] entry opportunity to retailers. 2008 sales of private-label foods increased 10 percent, compared with 3 percent growth for branded products.
Leveraging growth in the emerging functional foods industry: The Heart of the Matter et al by PricewaterhouseCoopers (pub. Aug’09)