EATRIGHT® ROT-lessened APPLE Rings (organic, soft-dried, *no-wax*, unique-varietals)

Always in season, naturally diverse, moisture reduction to assist with "dry rot fungus…destroying" [ref: WIPO pub. No. 500.2(E) p22 serial no. "D0328 or A0578"; "dry-rot of unchallenged oligopoly power" ref: Nebraska Law Review vol65, iss4, article8, p815], bruise-less, shatter-proof with good, stimulation of saliva secretion, chew-ability [ref: "Food texture influences on satiety" by Stribitcaia E et al (pub. Jul ’20)] positive effects on digestion. Depending on the harvest, they can include New Zealand' "long history of developing successful new varieties that achieve global traction", "high yields", "high productivity" (ref: the Coriolis Report pub. Jun23) with unique and exquisite tastes (eg Malus pumila 'Gala' × 'Splendour' sciros (with rootstock MM116, USPP18618P2) and others).

Always grown in a terroir [terratorium] of more actinism sunlight, "less pollution, less pests and diseases" in Nelson's rich mineral ('Ophiolite Belt') organic soils. Certified organic [1] [2] and slowdried (ie NO glyphosate accelerated drying) [3] to preserve the phytonutrient [salubrity] health benefits. A really robust life-lengthened product with packed sizes to suit.

A non-diluted, natural source of rutin (0.22mg/100g) [common/vernacular names: quercetin-3-rutinoside, rutoside, eldrin, and sophorin], a citrus-free bio-flavonoid. Rutin has been reported to have many pharmacological properties [4]. However, it is "no longer official" as a botanical drug in the National Formulary (N.F. XIV) yet widely used in nonprescription pharmaceutical preparations. An interesting situation of "medicine as food" rather than "food as medicine" [5][6].

Other New Zealand innovistic apple progress include "nutraceutical extracts" or food enhancers eg "stem bark" (or apple stick c/- cinnamon stick), "bark (cis 2 trans 4 abscisic acid (ref: USDA Phytochem Database) or abbrev. ABA) for (stress signal, improves glucose tolerance ref: PMID 32526875) pharmaceutical purposes (bark¹ n.; bark² n. [L barca small boat]). Also "waste rethink" [fuels (GRIN id=104681), biogas] (ref: the Coriolis Report pub. Jun23; Development) and "beverage base" options. The beverage base started as an Apple [Drink] Powder (ref: Student Project by Ms. Rebecca [no "middle[wo]man" name] nee Seddon pub. Oct87) now with significant technology expansion to includes alternatives to spray and no MALTodextrin. Where “the State of Washington used to have very good incentives for anything that was fruit based” (U.S. Department of Commerce | International Trade Administration; GA 30303; email 5Mar19).

• Preservative free (NB. non "SULFURED" [FDC ID 173931])
• Rich in pectin (including low-methoxyl pectin)
• Contains fiber [*], 3.5% source of low-methoxyl soluble dietary fiber pectin [FCDB L10115]
• Source of multiple enzymes (organic catalysts)
• Low phenylalanine content
• No added sugar, unsweetened
• Water ["rot"] lessened
• No added "conventional" sealed with "wax" garnish or sealing-wax[es] [F garnir fortify] [††]
• Low in fat, Low in sodium
• Non GMO, GE free
• 100% Certified Organic. NB. the supplier to 'ERF' holds certification by BioGro New Zealand (an accredited IFOAM organisation)
• Activities: Anti-inflammatory. Indications: *Diverticulosis* [Handbook of medicinal herbs, Duke '02]

Nutritionals [metrical composition] per 100g - Energy 1155kJ
Macro: Protein (1g), Protein-gluten (0g), Fat-total (0.3g), Fat-sat (0.1g), CHO-total (60.5g), CHO-sugars (58g), Dietary Fiber (8.6g), Sodium (90mg), Potassium (100mg), Phenylalanine (2.6mg)
Micro: Full analytical costs are too high for our grower to provide. Yet, proximates do not take into account lower impact bio-availability processing.

ONE Pack Shipping: for a one kilogram order of EATRIGHT® Organic Apple Rings. ONE single transparent pack: product label on front-of-pack, shipping label on back-of-pack. Contents clearly visible for shipping &/ customs clearance. [NO "multi-waste box, bag..."; NO "GREAT..." volume of total packaging [ie "retail weight, inner weight, shipper weight, pallet weight" for a "not for individual retail sale" 0.35 OZ pack of "gluten-free" apple crisps in "not yet recycled multi-layer pouch" logo]; NO containers with caps/lids; no ZIP added wrapping tape needed]
Minimum Product Lifespan: 547 days or more if stored in a cool dark place
Country of Origin: Made of NEW ZEALAND's bio-economy ingredients
Food SAFETY Verification: Certificate Number 2699 (an International Accreditation NEW ZEALAND (IANZ) third-party inspection body audit, pursuant to the Food Act 2014) issued to Eat Right Foods Ltd at MPI's highest risk level, for the repacking, exporting, holding and distribution of food products. Where the, independent audit company, is ISO 17020 accredited
Additional Audited Compliance: Australian NEW ZEALAND Food Standards Act 1991 (FSANZ Act) and Code 2002; CAFTA Model Recall Procedure: Food Australia, 45(7), 313-316 1993; Codex Alimentarius Commission (Alinorm 97/13): Hazard Analysis Critical Control Point (HACCP) System & Guidelines Annex to CAC/RCP 1-1969, Revised 2022; Food Regulations 2015 (LI 2015/310), version July 2023; Fair Trading Amendment Act 2021; BioGro Organic Certification
Address: PO Box 1525 [Level 1, 6 Church St], Nelson 7040, NEW ZEALAND
Packaging: Biocompostable, [post-use] flatten packaging [nb. home degradation does enjoy a companion mix of micro-organisms, moisture, heat and oxygen with borage as a great compost activator) or suitable for degradation in a growing number of commercial pack-composting facilities], tamper-proof-seals, easy tear opener.

P.S. Interesting apple "of discord" reference where the golden apple contended for by Juno, Minerva, & Venus was a "cause of dissension" (ref: Pocket Oxford, 4th ed). And “the pupil of the eye was known as the ‘apple’…cherished object” (ref: Red Herrings and White Elephants by A. Jack). Where Apple Malus domestica biological activities: retinoprotectant optometry and antiretinitic optometry; phytochemical: lutein (ref: USDA Phytochemical and Ethnobotanical ‘AIL’ Databases). Yet "Apple has filed a petition asking the Supreme People's Court to make tweaks ["scrub"] selected sentences...over the CUT of app revenue...strike references to Apple's "dominant position" (ref: Bloomberg Law by Pei Li pub. 3Jul24; emphasis added). And “Google is NOT your friend [added emphasis] when finding health benefits for your food” (ref: Nelson Magazine pub. Jun24), ‘“a pulsing ad cluttered endless scroll,” which masks relevant results… remunerative over that which is more relevant’ (ref: Tim Cowen, The Sling pub. 29Aug24).

P.S.S. Phytochemical: WAX is non-ubiquitous, insoluble dietary fiber, naturally occurring in certain plant parts (ref: USDA Phytochemical Database e-pub. '16). Commercial "E907 wax, refined, microcrystalline is prepared by the heavy fraction of petroleum by dewaxing or deoiling methods...chewing gum ingredient; polishing or release agent; also stiffening agent and for tablet coating" (ref: Additive Code Breaker by M. Hanssen pub. 1984). Another type of "wax coating" (shellac or carnauba-based wax incl./excl. morpholine) "is common practice for conventional apples" [nb. NOT the cert. organic Aztec FUJI apples (PVR APP118) and other multi-varietals found in "EATRIGHT® Organic Apple" packs]...to "slow down apple respiration, reduce moisture loss" [seals in water weight] ... to "extend shelf-life" [but also ADds wax weight] ... responsible for "glossiness" (ref: Fate of Listeria innocua on wax-coated FUJI apple surfaces (pub. Apr'23). Where wax v.i. grow larger...as metaphor from this; w. & wane, undergo alterations of increase & decrease; crispate a. (bot.) with curled or wavy MARGIN [L crispus curled] (ref: Dictionary, OX, '52).

P.S.S.S. "Most successful innovations…employ multiple types of innovation—frequently six or more—making them genuinely new and different business models” (ref: “Beacons for Business Model Innovation…an independent publication and has not been authorized, sponsored, or otherwise approved by Apple, Inc”). Where "apple" is also in "design search code 05.09.05 – Apples" (ref: USPTO # 73704031). The original applicant, before multi-assignments, was Whole Foods Market Inc with specimen 15Sep08 "The Soughdough Bakery" c/- 2:13-cv-02174 dkt 27-2 "The Sourdough, A European Bakery, Inc". See also subsequent specimens are all "outside" not declared goods and services eg "In-Store Restaurant Services, And In-Store Bakery Services In Health Foods And Natural Foods". And “growth by internal expansion...preferable to growth by acquisition" (ref: United States v. Philadelphia Nat. Bank, 374 U.S. 321, 370, 83 S.Ct. 1715, 1745 (1963))

P.S.S.S.S. An earlier version of this product was featured in USPTO TTAB proceeding # 91202219 with "notice of reliance" dkt 21 and dkt 22. Where deposition transcriber (TSG Reporting Worldwide) on 12Sep12 had also undertaken earlier transcription work in Apple Inc. v. Samsung Electronics Co Ltd presumably 11-cv-01846 since N.D. Cal. And dkt 74 p46; 2008 TTAB LEXIS 603, *21 p9 reference to Trademark Dilution Revision Act of 2006. NB. after negotiation of coexistence agreement “NAPCS code 31256 Exclusive [worldwide] rights” for “EAT RIGHT, EAT-RIGHT, EATRIGHT” including for IC 029 (US class 046) and IC 5 (US classes 6, 18, 44, 46, 51, 52 nb. NOT US class 100 "Miscellaneous" or "catch all"). See also “REPORT TO CONGRESS: Trademark [BULLIES] and Federal Government Services to Protect Trademarks and Prevent Counterfeiting” (Department of Commerce; pub. April 2011). Footnote 51: “the term “bullies” was used and described as “a trademark owner that uses its trademark rights to harass a[n]d intimidate another business beyond what the law might be reasonably interpreted to allow.” The posting was later amended to remove the terminology “bullies” and “bullying,”… language appearing in the Trademark Technical and Conforming Amendment Act of 2010; namely, “litigation tactics.”. Relevance to “Trademark Rule 2.135 provides that if, in an inter partes [L partes parties] proceeding, the applicant files an abandonment without the written consent of every adverse party to the proceeding, judgment shall be entered against applicant” (ref: TTAB Opposition No. 91202219 dkt 79 but also 2:13-cv-02174 dkt 27, dkt 33-1, dkt 149 and 3:13-cv-06032).

P.S.S.S.S.S. “The most important [international] classes, as measured by active trademark registrations” in descending order of “CONGESTION” (ref: Figure 1: Active Registrations in 2016 by Nice Class, Harvard Law Review Vol. 131:945 "…Empirical Study…" pub. 4Feb18).
■ Class 9 (electronic goods); US class(es) 021, 023 (cutlery…[TM design class 11]), 026 (measuring…[TM design class 11]), 036 (musical…), 038 (prints & publications)
■ Class 35 (business administration services); US class(es) 100 (miscellaneous), 101 (advertising & business), 102 (insurance & financial)
■ Class 41 (education, entertainment, cultural, sporting activities); US class(es) 100, 101, 107
■ Class 42 (computer-related services); US class(es) 100, 101
■ Class 16 (printed matter, publications); US class(es) 002 (receptacles [TM design class 11]), 005 (adhesives), 022 (games…[TM design class 21]), 023, 029 (brooms…), 037, 038, 050 (…nec)
■ Class 25 (apparel goods); US class(es) 022, 039
And “dominant portion of the mark, which is undoubtedly APPLE in our example. This focus is appropriate. In their section 2(d) assessment of similarity, examiners are also instructed to consider the dominant portion of the mark”. Not "dominant [position in] the market[et]”, where "Misuse of Market Power Guidelines" (ComCom NZ, Mar’22) includes id 118.3 “Abuse of legal rights"
Also congested a. suffering congestion (of organ &c. or blood &c.) [L gero bring] (ref: Oxford Dictionary) where apples (Malus domestica) do not contain phytochemical: menthol (ubiquitous: NO) biological activity: "Congestant" or ethnobotany use: "Congestion" (ref: USDA Phytochemical Database)

P.S.S.S.S.S.S The EATRIGHT® Apple Rings are both a "single-ingredient food" as well as an combination-ingredient in EATRIGHT® Enzyme Balls, EATRIGHT® Everything Right Cereal, EATRIGHT® FreeBee Cookies etc. Where the EATRIGHT® Enzyme Balls are a product that "…cannot be placed in other classes" (Serial No. (E) S0046 "Snack bars" (F) R0058). Compare to “various single-ingredient foods…” (2:13-cv-02174 dkt 23 p9 id 6) yet “cottage cheese, feta cheese” (dkt 64-3 p14) are not single ingredient foods, "salad bars" sold “per pound” not “per ingredient”, “granola” and EATRIGHT® Cereal issues etc.

P.S.S.S.S.S.S Not "BIG Apple Corner" (ref: Why is New York known as The Big apple? by Bill Dunlap, The Guardian quotes) name originating from horse racing column name in The Morning Telegraph 1920's. But the very dubious contract was "executed in...[The BIG apple] New York" (ref: 2:13-cv-02174 dkt 60 p3) is of relevance. Where New York's name from the Duke of York rather than New York, Yorkshire, UK. But descendants of Robert ArmETstead, Yorkshire, ~1470 included “Major George Armistead - born in Virginia [USA] in 1780… placed an order with Mary Pickersgill…for two flags: a 17’ x 25’ storm flag costing $168 and a massive 30’ x 42’ flag – costing $405…[sewn together to create the original 13 stripes] star spangled banner…in the Armistead family for 100 years” (ref: National history, Military history and family history (inter-family email 9Dec14). See also Armistead family "crest" and the "every ready" motto.

Product Details

• Activities (Apple) - Antiinflammatory (1; JNU). Indications (Apple) - Diverticulosis (1; JNU). Joseph, Nadeau, and Underwood (2001). USDA’s Phytochemical and Ethnobotanical Databases ‘Diverticulitis’ search = ‘An error is preventing your request being completed’
• Apple, plant source of: amyl-butyrate, butyl-butyrate, ethyl-isobutyrate, hexyl-butyrate, isoamyl-butyrate, methyl-butyrate, propyl-butyrate. U.S.D.A Phytochemical and Ethnobotanical Databases (2002)
• Biological Activity: Antiretinitic, retinoprotectant optometry 10ppm. PhytochemID: lutein 0.4ppm(low), 5ppm(high)]. USDA's Phytochemical and Ethnobotanical Databases. Zeavision, 2004. Qualified Health Claim - Lutein and Eye Diseases Docket No. 2004Q-0180
• Pectins: 'Contributes to the maintenance of normal blood cholesterol levels. Reduces blood glucose rise after a meal'. (EU approved claim, FSANZ deferred)
• Activities (Apple) — Vermifuge (f; CRC; WOI) Duke, J.A., Handbook of Medicinal Herbs, CRC Press, Boca Raton, FL, 1985. (CRC)
• Indications (Apple) — Worm (f; CRC; WOI) Council of Scientific and Industrial Research (CSIR) The Wealth of India: A Dictionary of Indian Raw Materials and Industrial Products, 11 vols., CSIR, New Delhi, 1948–1976. (WOI)
• PhytochemID: Silver [Latin silva=wood]. Ubiquitous NO. Antibacterial, antistringent, pesticide. Malus domestica (apple, fruit) 0.011-0.086 ppm; Ref. Duke, James A. 1992 Handbook of phytochemical constituents of GRAS herbs, other economic plants. Boca Raton, FL. NB. Silver salts used in photography.
• PhytochemID: Lithium. low 0.044ppm, high 0.172ppm, std dev -0.84. Ref: Duke, James A '92
• PhytochemID: Nickel. Ubiquitous: Yes. Apple 0.645ppm. Activities: Antiadrenalinic, Insulin-Sparing (Davies, S., and Stewart, A. 1990. Nutritional Medicine) “Nickel may serve as a cofactor or structural component of certain metalloenzymes and facilitate iron absorption”. See also 'Trace elements: adventitious yet essential dietary ingredients' by Chesters J.K. [pub. May 1976]
• PhytochemID: Boron. Apple 1-110ppm. Activities: Androgenic 3 mg/man/day, Antiosteoarthritic, Antiosteoporotic 3 mg/man/day, Estrogenic 3 mg/man/day. Betting on Boron, Unpublished draft by J. A. Duke on file at USDA, draft and papers relating to boron percentages. Includes Internat. Z. Vit. Ern. Forschung 43:1973 (boron)
• Total copper enzyme genes of apple (v. 1.1): 116. …Prospects for New Metabolism Involving Aromatic Compounds by Lisa S. Mydy et al (pub. Nov’21)
• EFSA Article 13 (pub. Apr’11) ID 2713: “(Common Name Apple) extract powder containing polyphenols” and “Blood glucose control” DianaNaturals,Malusdomestica(apple). Ehrenkranz JR, Lewis NG, Kahn CR, Roth J, 2005. Phlorizin: a review. Diabetes Metab Res Rev, 21, 31-38
• Apple has intercellular, capillary or free water (FW) ~11%, cell wall or strongly bound water (SBW) ~5%. Metrical (or measured) composition, [verse, n.] Pocket Oxford Dictionary (4th ed.1942, revised, reprinted with corrections 1952)
• PhytochemID: Ferulic-acid (apple) 4ppm. 'Ferulic acid has antiallergic, broad cardiovascular, and hematologic effects (antiplatelet aggregation, antithrombic, etc.) as well as inhibitory effects on lipid peroxidation'. Encyclopedia of Common Natural Ingredients by Khan and Abourashed (3rd ed, 2010
• Bioactivity: Demulcent: Apple: 205,000ppm. Fruit source: Apple (pectin 1,400ppm-66,585ppm and sucrose 24,000ppm-36,200ppm). USDA’s Phytochemical and Ethnobotanical Databases (pub. 2016)
• ACE (angiotensin converting enzyme) Inhibitor: (+)-Catechin 0.75-1.34mg/100g, (-)-Epicatechin 5.5-6.04mg/100g, Quercitrin 2.35-3.8mg/100g, Cyanidin (procyanidin, procyanidin-B-1) 1.22mg/100g, Gallic-acid ((-)-Epigallocatechin 3-gallate) 0.11-0.19mg/100g, Z USDA's Flavonoid Content of Raw (high aw) Gala-Golden Apples (rel 3.3 '18) with Phytochemical database ('16) cross reference.
• High Aw apple: Beta-sitosterol 110-660ppm (ADI=9-30g/day/man). Low Aw apple: Higher Beta-sitosterol content. Phytochemical & Ethnobotanical Databases (USDA pub.online '16)
• FDC ID 173931. NDB 9009. Apples, dehydrated (low moisture), SULFURED, uncooked. USDA PRAL Value: -11.5772 mEq/100g; water 3g/100g; ash 1.57g/100g. FoodData Central (FDC pub. 1st Apr '19)

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