Noodles: Whole Soybean Brown Rice et al

Although a significant number of EATRIGHT® products are "soy free" or naturally "free from soy", research and development work was undertaken to coincide with a local "more sun" soybean growing trial. Over the years, EATRIGHT® noodle product presentations have included EATRIGHT® Soy Rice Noodles, EATRIGHT® Soy Nuts [Noodle Balls] and even a [potential joint venture] sea'weed (piqued interest 3Oct15 p161 transcript; "to catch the weed in the seed will keep it from coming to flower" ref: 334 U.S. 37 (1948)) noodle salad concept [^].

And, although EATRIGHT® noodles are a "food" [incl. "Rice, Pasta, Soup, Dressings/Vinegars, Pickles, Cooking Sauces, Condiments, Organics" but also in "Health & Wellness"] category product, the word "noodle" is also used colloquially ie "noodle n. (collq.). Head, pate (jocoseular [L jocus jest]) origins of use your noodle or use your loaf [head] ie to show common sense and intelligence". Where "contributes to normal cognitive function" and recommended daily intake sources of iodine, iron, zinc are important in "ERF" formulations. And "pique n. …baffled, curiosity, pettishness; piqué n. Stiff ribbed cotton fabric" (ref: Oxford Dictionary 4th ed). See also “WHITE” basmati rice; “GLUTEN-FREE” (2:13-cv-02174 dkt 38-6 p6).

Noodle processing considerations, at various times, included [New Zealand] fresh, [overseas] dried, freshly dried, dried fresh, fresh then dried, dried but refreshable. Where "fresh a., adv., & n. 1. adj. New, novel, not previously known; other, different; lately made or arrived, not stale or musty or faded; inexperienced; pure, unsullied, untainted, refreshing, cool (f. air, water)…not preserved by salting, tinning; not salt (f. water, f. butter). 2. adv. Freshly. 3. n. Fresh part; rush of water in river…f.-run (of salmon) lately come up from the sea" (ref: Pocket Oxford 4th ed).

Where "– processing NOT guilty" (by A.J. Main, pub. Apr'24) looks at the comparison of "minimally processed foods” of [NOVA] "Group 1 (e.g. [from white flour] pasta) require more extensive processing than some foods allocated to Group4 “ultra-processed foods”…To assign pasta, a product that undergoes extensive processing through about ten sequential unit operations(3) to “NOVA1 – unprocessed or minimally processed foods” but a commercial [non EATRIGHT®] cookie/biscuit, with comparable unit operations assigned to “NOVA4 – Ultra-processed Food” is irrational…driving criterion…ingredient-based, and particularly attributable to the high [white table] sugar content [but also, in non EATRIGHT® cookies eg Tim Tam and others, "low in essential nutrients like fibre, vitamins, and minerals" ingredients] of the biscuit".

For instance, processing techniques define from soybean food types eg miso (soybean paste), natto (fermented soybean), tamari (fermented soy sauce), tempeh (mold-fermented soy patty), tofu (soybean curd), soy grits (soybean oil removed), soy oil (non-hydrogenated soybean oil extract (HOSBO) FDC ID: 2265118 experimental food category: genetics, USDA]), soy milk (soybean liquid extract). Where soy flour (ground [whole] soybeans [good source of iron; source of B1, B3, B5, B6 vitamins; source of zinc; source of daidzein, genistein, lecithin and phospholipids]) use in the Whole-Soybean-Brown-Rice Noodle project.

In this instance, we are highlighting the range of products that the very versatile EATRIGHT® brand story has accomplished and encompassed, at various 'LIVE' stages. Where 'elevate the trademark to a level of a moral right - a moral right in which a corporation is deemed to be the "personhood" worthy of protection no matter what’ (ref: Judging Dilution in the United States and Japan by KL Port (pub. 10Sep08), “Ms. Douglass-Clifford” salutation by counsel for Safeway Inc (30Aug08 to 18Nov08) and inter-related "the third paragraph in my email is WFM’s response (hence the “Mr. Martin” salutation)" with "cc: PB File Copy...Douglas" (25Feb13) file ref: "WFMV5497" (nb. earlier file reference "WFMV5440" with cc: "Matheis" not "Mathis Martines" (ending with "s" not "z") WFMI "Global Grocery Product Analyst" then WFM "Category Manager" at ExpoWest '08 and Sr. Category Manager at Kroger on 11Jun14) [ex-, pref. 1. = Latin (ef- before); 2. = Greek (ek- out) ref: Dictionary Oxford, 1st edition, Jul 1924]. And abbreviation "RDC" (Rebecca Douglas-Clifford) not WFM's introduction of mandatory "RDC" (regional demo coordinator[s]) in "Norcal and RENO" from 2011 onwards. Post 2010, specialist manufacturer knowledge "vendors" no longer permitted to undertake instore demos with ("DOT") pricing including "local producers demo" (100% manufactured in Northern California) @ $60 for "3hr" special rate ["clean-up" n/a] compared to non-locals @ $125 for "3hr" hands-on demo and 1hr "clean-up" (but FTC v. Procter Gamble Co., 386 U.S. 568, 87 S.Ct. 1224, 18 L.Ed.2d 303 (1967) opinion: Justice “DOUGLAS”). Where the exclusion of 100% manufactured in "Reno" also important, since "Wild Oats Reno" store became the "NC RNO" store and dkt 27-9 "Northern Nevada"). See also, "local producer" loans (dkt 27 exh E, dkt 27-5 "Debtor Information Search Report").

And "bollard n. Post on a ship or quay for securing rope" (ref: Oxford Dictionary). Where "The Bollard" ["the Balla", errata sheet "spelling mistake"] references "Rosemont Market and Bakery", Portland, ME (Atlantic ocean) not Portland, OR (Pacific ocean) will "put me on hold…transaction in 30 seconds" [^^] and evidence of WFMI acquired "Reno Bakery calls me - they hold me up on the phone for 10 minutes or more" (ref: 2:13-cv-02174 id 3 ln 13 [not duplicate "id 3" with different "line" numbers] email from [non-proprietor] Ms. Brown [Brown Shoe Co. v. United States, 370 U.S. 294 (opinion by Justice [Earl] WARREN not Warren declaration 3:17-cv-06584-LB dkt 38 page 3 id 11] to "ERF" on 6Sep08. This is just one example of monopoly power, lower productivity, less efficiency (ie "[a] metric…how long it takes phone calls…suggested [Tim] Wu" by Rana Foroohar ft.com pub. 23Apr24). Other proof includes "Whole Foods Market price up" (ie upwards pricing spiral [Gk speira coil]) can be found in the "Sidebar: price comparison" ["365-brand gallon whole milk" [^^] and dilution "365-brand quart 2% milk" dkt 32-2 p11; "365-brand marinara" and dkt 27-12 "Health Starts Here...bisque"]; “now in Novato, the newest WFM in NorCal. The plan for this bakery is to make most of the products we sell in house just like a real bakery, rather than fill our tables with vendor items. The few products we carry that are not made in house are either WFM branded items or the unusual bread varieties ["Whole Foods loaf" [^^]] we are unable to make in-house. ” (bake.TL @ Novato, 25May10); “some of the stores had actually taken our [EATRIGHT®] products off the shelf because INVESTORS [emphasis added, dkt 27-5 were going around the stores and they were prevented from having non-Whole Foods branded products on the bakery tables" (p133 10Mar15; reasoning (MA TEN) bake.TL). Where "people will NOT invest if they cannot keep the fruits of their investment. More corruption means less investment and less growth" (ref: Reinventing the Bazaar by John McMillian Chpt 11: A Conspiracy against the Public; Chpt 9: The Embarrassment of a [license to overcharge] Patent; Chpt 4 id 3” Brand names and trademarks can reduce search costs”; id 4 “Since price dispersion continues to exist…internet markets are subject to frictions”; id 5 “low-quality goods drive out high quality” etc al)[^^^].

In USPTO TTAB 92011394, paralegal Ms. WHITE (“…repeater” brand, case terminated 21Apr1980) and Justice WHITE prior opinion United States v. American Tobacco Co, 221 U.S. 106 (1911). Where TTAB 76659783 a [repeater n. re⁻¹, petition] ‘multiple offender’ (ref: 20 F.R.D. 451 (N.D. Tex. 1957)) and “defendant’s other activities in that period and earlier…is more properly attributable than to added advertising” (Cuban Cigar Brands N.V. v. Upmann Intern., Inc., 457 F. Supp. 1090, 1096 (SDNY 1978). See also prior 548 F.3d 1028 (2008) (opinion: Judge BROWN 29Jul08) and TTAB 91202219 “board decision sustained” (20Jun13). But 880 F.3d 1109 (2018) “Whole Foods itself…removing the signs…after litigation was reasonably foreseeable” with re-petition “Amazon…destroyed potential evidence…[also] deleted chats…DOJ’s antitrust trail against Google (ref: The Verge 26Apr24) and “defendant[s] failed to economically cost justify” (ref: 334 U.S. 37 (1948)). It appears "repeater" [TTAB 92011394] is a lower quality inner fill mix of short&long cut leaf (different to the binder, the wrapper and the branded sleeve).

Lower quality "inner fill" has relevance to supermarket copycats, private label duplicates, phantom brands, disguised home brands, imposter brands, etc. For instance, "Para-sight: A study of erroneous decision making in the presence of copycat packaging" conducted by Acuity Intelligence led by Dr Tim Holmes, Director of Research, Honorary Research Associate at Royal Holloway, University of London (v1.2 pub. 25Jul17) …
● When searching for products, color is the primary feature looked for
● When a copycat is present on a shelf, it is often identified before the brand, giving it an advantage
● When a decision is made, the copycat is mistaken for the brand in 20% of cases when both are present on shelf. This increases to 64% when only the copy is present
● Ageing populations, notably those with color disorders and blurred vision, are at particular risk.
The study was undertaken “to establish whether reported incidence of erroneous purchasing of copycat packages (Which? 2013) was the result of a bias in conscious self-report data…results clearly indicate that these errors are unavoidable by the shoppers and that it is packaging similarity which drives this effect…brands should seek all possible routes to protect…brand equity [and] visual equity”.

Also "proliferation of lookalike private label products, packaged very similarly to established branded goods, poses a threat to this healthy manufacturer competition directly in various
ways: (1) revenue squeeze, (2) brand dilution, (3) innovation reduction, (4) packaging change waste, (5) secondary brands elimination, and (6) diversion of advertising (e.g. Phillip et al., 2013) …reluctan[ce] to legally fight against the retailer copycats, in the fear of being delisted or losing shelf space (Sethuraman & Raju, 2012)...absence of a rapid and effective legal remedy to prevent the rewards from brand investment being misappropriated by imitators...to the detriment of consumer welfare and the public interest." (ref: The Competition Effects of Lookalike Private
Label Products by Paul W. Dobson and Li Zhou pub. May'14).

Country of Origin: NEW ZEALAND "processor" (including organic "CO1" processing, processed products; "CO2" exporter (certifications 17Oct02 to 28Feb13) not currently renewed; senior BioGro auditor "Mr J. White" [not "James D. White (PLE) lucernefoods.com", "Edward Douglass White"]) from NEW ZEALAND and imported ingredients
Detail: Food Safety Verification Certificate Number 2699 (an International Accreditation NEW ZEALAND (IANZ) inspection body audit, pursuant to the Food Act 2014) issued to Eat Right Food Ltd for manufacture, processor, exporter, packer, holder AND distributor of food products
Availability: Currently n/a (nb. EATRIGHT® labels have never in "familiar Blue Label" colors)
Address: PO Box 1525 (Level 1, 6 Church St), Nelson. Zip code: 7040, NEW ZEALAND

[^] The potential "JV" lead partner had experienced significant lack-of-care pallet damage, in an Amazon distribution center, with a different [(e non EATRIGHT®) seaweed product product offering. And, although they have seaweed harvesting expertise, they had no registered food premises or other relevant food capabilities at the time.

P.S.: oodles n. pl. (colloq.) Superabundance; quid, n. (sl.; pl. quid) A sovereign ₤1; lump of tobacco for chewing [CUD; ruminant's half digested food]; li’quid, li’quid’ity. bob, n. (sl.) Shilling, tin, n. (sl.) money (ref: Pocket Oxford Dictionary 4th ed) where A.G. Ferrari and Andronico's "saved-purchased" by Renovo Capital so possible direct/non-UNFI supply (email 26Mar12) but subsequent *A.G.* store closures.