EATRIGHT® V-O-U-C-H-E-R-S *NO expiry date*

If you are looking for a great gift but unsure exactly what to buy, an EATRIGHT® gift voucHER is a great, low irritation, option. Pick a fixed value voucHER ($10, $25 or $50) or choose an amount between $5 and $1,000 with a very flexible "flexi voucHER".

We will deliver the voucHER by email, text or alt-method so your recipient can choose what they want and when they want it [vow v.t. promise, guarantee. L voveo]. And, just like a physical gift voucHER, it can be spend all at once or over several deliveries, depending on the voucHER value. Please note, if you buy a voucher "on appro" (ie prior approval required), refunds are available. However, voucHERs canNOT be exchanged for cash. The EATRIGHT® voucHER has NO expiry dates, unless requested.

As you will find, Eat Right Foods Ltd ("ERF") provides EATRIGHT® antidotes to debased products-ingredients with unique combinations of codified knowledge. The independently verified standards used include but, are not limited, to: Phytochem IDs ● Enzyme ECs ● Polyphenol RFs ● Bio-activities ● EFSA IDs ● NZFSA SD4&9 ● PVRs ● RDIs ● DIAAS ● PRAL mEqs ● NICE Serials Nᵒ ● GRIN Nomen ● NZStory#s ● non GMO/GE/BE ● Organic certifier ● PEAL ● Mild processed ● Not mass produced ● NO nasties ● 942100113…

For instance, there is enhanced absorption of naturally sourced vitamins such as folate (whole groat buckwheat flour folate 54mcg/100g (14%RDI) FDC ID: 170687). Where “Folate…and Cell division/multiplication: Nucleic acids and amino acids synthesis (such as in the gastrointestinal tract)“ ref: EFSA ID 2881. See also, folate contributes to normal: "blood formation, amino acid synthesis, homocysteine metabolism, psychological function, immune system function and cell division"; contributes to "maternal tissue growth during pregnancy and reduction of tiredness and fatigue" (ref: NZFSA SD9). Folate alternative names: "vitamin B9; (2S)-2-[[4-[(2-amino-4-oxo-1H-pteridin-6-yl)methylamino]benzoyl]amino]pentanedioic acid; N-(4-{[(2-amino-4-oxo-1,4-dihydropteridin-6-yl)methyl]amino}benzoyl)-L-glutamic acid; pteroyl-L-glutamic acid; vitamin Bc; vitamin M; folacin; pteroyl-L-glutamate" (ref: NEW ZEALAND Food Composition Data).

And the EATRIGHT® nutrition and health claims, depending on the product or ingredient, include: General health maintenance (GHM) | Specific health function (SHF) | Performance claims | Enhancement claims | Symptom relief | Risk reduction claims | Biomarker improvement | Biomarker management or control | Disease management
"Temporary exemptions for purposes of conducting authorized food labeling experiments" (ref: 21 CFR 101.108; for some of the "high level" claims) with “written proposal[s]” currently in a “holding pattern” or "anchorage position".

Where possible, we provide you with “discernible” or easier to recognize "characterizing" yet "plosive" product names in comparison to the more “difficult to discern” generic ["common"], chemical [phyto, synthetic] or [low to no "descriptive identity"] neologistic trademark thicketed product name patented pharmaceuticals (of relevance 140 S.Ct. 1492 (2020)). See also National Drug Codes / National Health Related Item Codes (NDC/NHRIC) labeler code 42681 “WFMI” but code 72288 “Services”. WFMI “product” trademark registrations included USPTO 2423016, 2460975, 2479072, 2501315, 2528915, 2470992 but also "live" USPTO 2473973 cl. 5 [associated proceedings "WholEats" cl. 43 v. "Whole Eats" USPTO 85822808 cl. 9…] et al.

Where EATRIGHT® is the, Eat Right Foods Ltd, company brand and the 29+ "plosive" product names are "long-tail" ["mastheads" (ref: Brand Finance GIFT)]. Where “-Holi[sti]c” nutritional and health claims (GHM, SHF etc) not just “Choc” (EFSA id 2702, 2724 “slimming”) without the "–H…". So not “Diet Claim - serious disease or condition” (ref: FSANZ std 2.9.5) restricted which requires labels of “sole source of nutrition” or “foods with conditions on energy”. See also "Candid[a]" as a "prescribed name (i.e. foods for special medical purposes)" EU, AU, NZ yet no so such requirement for the US. Hence, use of "longer [product] names give you more freedom of expression" are used since it allows "more to grab onto", "generally more memorable. Short names are…short". A "depth of feeling can [also] be created with slightly longer [product] names" (ref: Longer is better and don't invent words by Eli Altman pub 22Aug17)). Where, the "hard C" and other "consonant that is a stop" (ref: Harvard Law Review Vol. 131:945) masthead changes, confirmation of in-contestable "lock-outs".

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 manufacture, processing, exporting, packing, 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: 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, Code of Conduct and, depending on the "cert. organic" ingredient, either BioGro or AssureQuality Organic Standard compliance
Website Verification: SSL letsencrypt and digicert certifications
Address: PO Box 1525 [Level 1, 6 Church St], Nelson 7040, Blind Bay (Nelson-Tasman Bay) region, NEW ZEALAND [where NZ's island…capabilities are just "the tip above the water" (see US v. Visa, dkt 1 id 4 (5Nov20) but "exports have dropped from 30 percent of GDP [2011] down to 25 percent" (ref: Melania Watson, Newshub pub. 9Apr24)]
Processing: Short time, no lock-in, no password, no lock-out
NZTE Export Year 2007 Initiative: “The Television NEW ZEALAND Business Program Recognition (2007)” http://cosmos.bcst.yahoo.com/up/player/popup/?rn=1886512&ch=&cl=3635417&src=newzealand see also https://www.youtube.com/watch?v=asaUEl2P5zI. A "joint initiative between Labour-led government, NZ First & private sector"
Website: WIPO GII 2023 id 7.3.3 “GitHub commit pushes received and sent (per million population, 15–69 years old) | 2022”; previously “Wikipedia edits/mn pop. 15–69”. Of relevance: “/.git/config”; “/.git/HEAD”

PS. A May'15 speakeasy visit. Where "speakeasy" also called 'blind pig or blind TIGER' [Wikipedia].
1. Not Tiger Lily (or Devil Lily) Lilium tigrinum [L. lancifolium Thunb.] and Lilium martagon [Lilium martagonum]. Ethnobotany Uses: Astigmia, Astigmatism (f; WOI; Council of Scientific and Industrial Research (CSIR) (1948–1976)), Ophthalmia (f: MAD or Madaus (1976)). Economic use: vegetable: ‘edible bulbs as L. tigrinum' by Wu Zheng-yi & P. H. Raven et al., eds. 1994 [GRIN-Global]). Dose: 1/8 to 5 drops strong plant tincture (MAD, Duke, J. A. et al. '02. Handbook of medicinal herb].
2. NOT Iris Tigre (Fr) or Blackberry-Lily (Belamacanda chinensis (L.) DC.) [Iris domestica]. Phytochemicals: irigenin, iridin. Biological activities: RNA-genic, RNA-stimulant. RNA (ribonucleic acid; antiasthenic, antidementia, memorigenic), riboenzyme (RNA molecule...acting as enzyme)
3. NOT 'lily livered' a pale liver [lily white or madonna lily (Lilium candidum L.)]
4. NOT 'yellow nutsedge' [tiger nuts or cyperus esculentus] a small prebiotic edible "super-root"
Ethnobotany use (liver): kiwi or green kiwifruit ['common name: Teng Li Gen'], sesame
Ethnobotany use (liver, blood): carrot (EATRIGHT® Super-SEE-ded Cracker ingredient)
5. NOT "crouching tiger" [crouch v.i. concealment or in servility; tigerish a. as cruel or relentless [Gk tigris]] Safeway Q2 2010 earnings call answer session: "liquidations and bankruptcies, and deteriorating store conditions in some of the smaller [where "O Organics" insider [“in the stores” 10Mar15] trade[r] sales/margins [dkt 26-4] with non "SWY"] regional players...our volume as building" (ref: bnet.com/2462-14040_23-448086.html?tag=col1;CO-COMPETITORS emphasis added). And O Olive Oil, LLC v. Safeway, Inc (3:2006cv01672) was an inside SWY stores product.
6. Or sabre-tooth tiger (smilodon fatalis) effect (2:13-cv-0174 dkt 129) where "Ms. Douglass-Clifford" had "NO experience in FTC matters" 29Jul10 correspondence with (2:13-cv-0174 dkt 13) "ADMITS Attorney…" but ERF “reduction to [USD]3.50…Whole Foods raised the price from [USD]8.99 to [USD]9.49” (ref: 25Jun14) with 171% “margin” a predation [vexatious legal proceedings weakened "gazelle"] in AMZN's "Higher Prices and Reduced Quality" WFMI acquisition [ref: US v. Sabre Corp. 1:19-cv-01548 dkt 1 pageID#17]. Where profit is considered to be the "ultimate measure of power" (ref: The Elephant in the Market Power Debate; In re Aspen Tech Inc (05May04) "build dominance" elephant p23 (p18, p15 "Boiling Points" Dechert LLP); elephantine a. clumsy, unwieldy [Gk]; elephants are “earth’s biggest [land mammal]” (c/- USPTO # 75669249 applicant “Amazon.com Inc” changed to "..Tech..." May'07) "wield, v.t. (literary). Hold & use (power, the sword, the sceptre, a formidable pen, &c)" ref: Ox Dict. 4th ed).
7. And NOT a "DataTiger" anti-preference acquisition (ref: United States v. Philadelphia Nat. Bank, 374 U.S. 321, 370, 83 S.Ct. 1715, 1745 (1963))

Blowing the [polished brass] whistle used to be important [F tromperie deceit c/- "disparages" dkt 123] on a "railroad, railway (esp. U.S.)" (ref: OX Dict) [a "common carrier" of grist to grist mills]. The sound was used to proactively prevent derailment due to "line" blockages, holdups, excess laden weight, to alert the end of a "line" (with/without a turn-table, rail-guards) etc. Where "whistle v.i. & t. emit wind" eructation n. Belching of person or volcano, flatulent a. Generating [natural] gas in alimentary canal [L flo blow], disgorge v.t. eject...after swallowing, burp and other terminology are all important indicators of gut health. And gas [Gk gaster stomach] is one measure of digestive health concerns (gastroesophageal reflux disease (GERD), gastroenteritis, gastrointestinal (GI) disorders, gastrosis, gastroduodenosis, gastritis, gastroirritant, gastric cancer) and others.

“At that time, Pacific Northwest was the only other important [natural gas] PIPEline west of the Rocky Mountains” (ref: 376 U.S. 651 (1964) opinion: Justice DOUGLAS). Where “4 items found…Subscriptions…Cost zone [Vendor Id=10118 (also 10117, 10119 and 8152)] name: EAT RIGHT FOODS PN [Pacific Northwest]…Parser: VIP PIPE Delimited…Number of promo files: 1” [emphasis added; parser n. L. pars part; pas n. Precedence] reference email from Mr. Hoyt (also 2:13-cv-02174 dkt 26-4) not Judge Hoyt. Also of possible relevance is conduit n. channel or pipe (ref: Allied Tube & Conduit Corp. v. Indian Head, Inc., 486 U.S. 492 (1998)).

But 2:13-cv-02174 dkt 112 p17 ln 18 "Ms. Clifford" and p10 ln2 "Ms. Clifford-Douglas" not subtract [Justice] "DOUGLAS" and first-name always Rebecca. Where "PTO" TTAB 92048847 wasn't right-eating.com but whois.domaintools.com/eating-right.com "Screenshot history" Prime MemberSHIP... member, n. Limb or other bodily organ, distinct part of complex structure...abbr. M.P. (ref: Dictionary OX AC 4th ed.). And "social media footprint" issues (ref: 2:13-cv-02174 dkt 27-1 p12), footprint impression left by f.; f.-race…f.-rot, f. disease in sheep &c. (ref: ed.4 OX Dict) c/- NEW ZEALAND's “global reputation as a quality supplier of [less diseases] sheep-based products…sources of value creation…adding more value to secondary products [sheep butter ref: PMC9857949; vitamin K2 source possibility], byproducts [ovine collagen peptides] and waste streams” (ref: the Coriolis Report pub. Jun23) where "Meta's Use of Financial Data May Violate Consumer Finance Law" (ref: Dylan Tokar, WSJ pub. 31Oct24).

Understanding "what happens inside people in the same way as understanding any other process" (ref: Human digestion – a processing perspective by Dr M. Boland pub. 28Dec15). See also the “ability of the prebiotic inulin to influence production of [gastrointestinal] hormones such as glucagon-like peptide-1, peptide YY, ghrelin, and leptin” (ref: Gutmicrobiota: the neglected endocrine organ by Clarke G et al Mol Endocrinol 28:1221–1238 (pub. 2014)). Where noncommunicable diseases (NCDs) are also known as chronic diseases. Four key metabolic changes that increase the risk of NCDs are raised blood pressure; hyperglycemia (high blood glucose levels); overweight/obesity; hyperlipidemia (high levels of fat in the blood) reference: Noncommunicable diseases: World Health Organization (pub. 16Sep23).

PSS. “Table 1 – Standards and innovation: positive and negative effects. Source: Blind (2012)”. How can EU Legislation Enable and/or Disable Innovation? p24 (pub. Jul’14). Where a blind carbon copy or “bcc” is not used in our email "contact" communications with you.

PSSS. Global Innovation Index (GII) 2023: 2.3 "Research and Development (R&D) includes 2.3.3 "Global corporate R&D investors, top 3, mn USD". Where the USA has a score/value=100, rank=1. NZ score/value=49.9, rank=33. “Presenting Companies” [Eat Right Foods Ltd] capital to be "RAISED" at "Nutrition Capital Network Investor Meeting (NCN VIII) Spring 2011 for “ground breaking intellectual property in the area of bio-available nutrients” (submission date 17Mar11, did not present). dov[b]ish adj. advocating peace, compromise, pacifist (ref: OX Dict; Mr. Dovbish relevance); raised v.t. includes raised barriers to entry, raised rivals' costs by "partially or totally restrict...inputs they need" [Misuse of Mkt Pwr Guidelines id 118.1]; "lumping together...failed to make such proof" [334 U.S. 37 (1948) id 48; 2:13-cv-02174 dkt 27-15 id 2 & 9]; "but for Ekco's financial resources...to ENTRENCH and preserve McClintock's monopoly" [Ekco Products Co. v. FTC, 347 F.2d 745, 752-53 (7th Cir. 1965); also USPTO # 74133992 "KANDY" and USPTO # 85439865 "KANDI"]. “Women are getting less than 2% of venture capital funding” (ref: showHERthemoneymovie.com)

PSSSS. An EATRIGHT® product expansion presentation was made on 17Feb07 to "Grocery, Dairy, Frozen Category Buyer Whole Foods Market-Mid Atlantic |5515 SECURITY Lane" [emphasis added] where “growth by internal expansion is socially preferable to growth by acquisition" [United States v. Philadelphia Nat. Bank, 374 U.S. 321, 370, 83 S.Ct. 1715, 1745 (1963)]. The EATRIGHT® cookie tubs "shipping container photo" in KRAFT boxes. Included use of "Coldstorage", Kennett Square, PHILADELPHIA 19348 (photo location) with on-shipment to WFMI's own Cabin Branch Drive distribution center (2:13-cv-02174 dkt 26 id 4).

INCONVENIENT data footnote 1: According to National Sanitation Foundation (NSF) survey "53% of people do NOT [emphasis added] check to see if food products are verified as adhering to strict quality and safety standards" underscoring the need for independent third-party certifications (pub. 16May19). But an increasing occurrence of "self" certifications shown in 6:19-cv-00388 dkt 1 p43 “What are…ASINs? [Amazon Standard Identification Numbers]…for example, “Monopoly” [moved to 1:19-cv-0085] also USPTO applications 87983107, 87983106, 87260660, 87260676.

INCONVENIENT data footnote 2: A “rare” inclusion WFM Inc’s 10-k, 2017 p36 "Unconditional purchase obligations" of $23,041 million with footnote "Includes unconditional purchase obligations related to certain products offered in our stores that are not reflected on the consolidated balance sheets arising from the change in control that occurred in the fourth fiscal quarter" and and Amazon.com Inc's 2017 10-k page 59, Unconditional purchase obligations (3) $24,200 million with footnote (3) "Includes unconditional purchase obligations related to certain products offered in our Whole Foods Market stores and long-term agreements". Where 2:13-cv-02174 dkt 26-2 "UNFI/Whole Foods distribution centre" and also "UNFI expands RangeMe" contractual arrangements (ref: StoreBrands 20Aug21).

Inconvenient data FOOTNOTE 3: “[Amazon.com’s] Philosophy: Eat lots…Then eat more” (ref: USPTO 2545081 specimen 23Mar07 p4) so “heavier and heavier” post Dotcom (ref: Shanthi Rexaline pub. 8Aug24 where “market…weighing machine” (ref: B. Graham c/- L. Graham (2:13-cv-02174 dkt 64 id 4 “[small] portions…redacted”)). "eGrocery: Evolution, Revolution or Hallucination" (ref: Coriolis Research pub. Nov 2000; excluded "PNOS" but time relevance ie "stores in this judicial district since 1999" (ref: dkt 25 p6 ln 21-22); included "impact of this [massive growth] evolution on traditional supermarkets will be limited, however, both manufacturers and retailers should carefully consider the consequences", "with scale, what percent of sales will ultimately be private label? 20%? 40%? 60%?" etc). And "From the ashes of Webvan, Amazon builds a grocery business" (by Alistair Barr, Reuters pub. 19Jun13 including "four key Amazon.com Inc executives…former Webvan officials"). See also “As Sales Slip, Whole Foods Tries Health Push” post global financial crisis (by Katy McLaughlin et al pub. 5Aug09 in draft interrogatory 22). And "Whole Foods Imitation Is Flattering But It's Narrowing The Moat" (by Catalyst Tree, Seeking Alpha pub. 6May16). Yet “magnets…and supporting equipment list like SCALES…make sure [loaded to] scan properly” (ref: 2:13-cv-02174 WFM019228 “Regional Buyer” responsibility; dkt 64-3 p5 “global and regional teams” responsibilities; dkt 38-1 p5 ”Atlanta…Auckland to Zurich, scanners read bar codes” but Auckland city also Auckland region.

Inconvenient data FOOTNOTE 4: “Weights and Measures” case "SC122679" (Cal. Super. Ct. L.A. Cty; June 2014 excl. "WFMI") included definitions 3.e. "Price Scanning Systems", 3.b. "Container" but "container" in “2007…fiber packaging in many of our prepared foods departments” (ref: 2:13-cv-02174 dkt 27-1 p13). Where the "two or more persons" due diligence, presumably, included the "4 year SC122679" obedience [behavioral remedy; Cartwright Act] in the water-density/water-weighted, fresh-pen but 2:13-cv-02174 dkt 33-1-light/excluded "prenup" for shelf-space tie-up continuum. Where "WACC", "Weighted average shares outstanding, diluted basis", "weighted average exercise price", "weighted average life [emphasis added, USPTO 77682020] is approximately 17 years [emphasis added; not 4 years SC122679 or 10 year 548 F.3d 1028 (2008)] for contract-based [w./, w./o. right-of-renewals] intangible assets" (2:13-cv-02174 dkt 27-1 p29, p41, p47). Compare to "rehydrated weight" (re-hydro, rehyd.) and devil in the detail ["Nabisco does not manufacture the Safeway Eating Right Chocolate Devil’s Food Cookies (Case ID: 17349508; 29May08) yet "SnackWell's Devils' Food Cookie Cake" (Nabisco, Kraft Foods Global Brands, Intercontinental Great Brands, B&B Foods) USPTO 74323589 (dead) et al [class 30; not IC5], USPTO 7820755 ("sandwich" specimens c/- "Sandwich” 2008 TTAB LEXIS 603, *21 p9 in TTAB 91202219 dkt 74 p46]. Where weight and "balance test" has relevance to Approved Rule 37(e) "decided by the jury" just the tip of the iceberg [iceberg or head lettuce Lactuca sativa var. capitata; 96.4% water ref: FCDB food ID X1264] for instance "Radical New Products…Pre-packed salads", "state-of-the-art controlled fermentation process…once dried, we add targeted probiotics" etc (ref: 2:13-cv-02174 evidence included in "request for production" # 51). See also “chilled or frozen cookie dough” interest by “Mathis Martines [who, at the time] deli buyer for SWD” (ref: 20Mar08 "mathis.dmarthes@wholefoods.com" and 21Mar08 NZTE emails), "Regional Grocery Buyer/Category Manager, Whole Foods Market" Nov07-May09 (ref: LinkedIN) yet "Eat Right Veggie Party Platters" recalled 16th May 2011 (ref: examiner.com now n/a). Where “Made Right Here” inaccuracies (ref: wholefoodsconfessions.wordpress.com/2015/06/01/made-right-here) and potential similarities to “Prepared Right Here” salad bowl “Vons...Store # 1963” (Southern) “Dist. by …CA 94588” (Northern), "sell thru" 1Mar18. Where Mathis Martines "Sr. Category Manager at Kroger" Mar13-Present (ref: LinkedIN accessed 11Jun14 for inclusion of "Others at Whole Foods Market" 2:13-cv-02174 witness list).

Inconvenient data FOOTNOTE 5: Where “contract-based intangible assets” include “standstill agreements [see also TTAB 92048847 "F.R.E. 408" 15May08 et al dkt 16 “suspend”; TTAB 91202219 "F.R.E 408" 31Aug11 et al; 880 F.3d 1109 (2018) "PRIVILEGED SETTLEMENT NEGOTIATIONS UNDER FED. R. EVID. § 408." 20Apr12]; advertising…or supply contacts, lease agreements, permits [emphasis added], franchise agreements, broadcasting rights, use rights etc” under IFRS 3 (ref: Brand Finance GIFT 2021 p11). "70 to 80 percent of the value....created by supplier [contracts, agreements]" (ref: dkt 111-12 p5).

Inconvenient data FOOTNOTE 6: "Earnings” transcripts (ticker “WFM” then “WFMI”) yet “refused” transcripts (ref: 2:13-cv-02174 dkt 27-15 p7 id 4). Also dkt 27-16 RFP No. 10 “Dr Joel Fuhrman” where “WFMI” due diligence (ref: dkt 149 p4-6) then a doctored agreement to “WFMSI” dkt 32-3 and dkt 55-1. Where the “scale [of doctoring indoctrination included WFMI to AMZN which seemingly] worked” (ref: MEN’s Journal 4Dec17). But "doctoring" also included “whether [] itself created the sheet” (ref: dkt 29 including dkt 32 declaration of “Albert Percival”). But dkt 32 had

● id 10 “typographical error in Exhibit 21.1” where Document 1 id 7 (also dkt 16 id 17) "certain health conditions" not the "uncertainty" that was exposed in "licensed in the United States by a private practitioner (www.drfurman.com) included ORAC (oxygen radical absorbance capacity) values" with both "ORAC and TPolyph [Total Polyphenols] since removed by USDA" (ref: PubMed 23394981 pub. 2013) and Document 1 (also dkt 16 attachment # 5) "Exhibit E" had missing “geographical”
● id 9 “Exhibit 21.1 of the 2013 Annual Report…footnote to be inserted in Exhibit 21.1…footnote on Exhibit 21.1” [emphasis added] but the WFMI "2013 Annual Report" was actually “Document 27-1” not just "Exhibit 21.1" and "Exhibit 21.1" was Document 27-2 including "Whole Foods Market Pacific Northwest, Inc. * ...* Doing business as Whole Foods Market, Inc”
● id 7 [WFMI] “are unfamiliar with Plaintiff’s “Global Sourcing” sheet". Where answer or reply [brief] (ref: dkt 26-2) to "Defendants" [brief] (ref: dkt 26-1; 5Apr07 attachment ”Gllobal Sourcing DOC.doc”) "cannot determine whether [WFMI]…created it”. But also gag order "agreements ["Perry Abbenante, National Grocery Buyer and Royce Milam, Global Sourcing Coordinator from Whole Foods"; Anthony Gilmore, Roberta Lang, Soumit Roy etc including dkt 27-1 "10.12 Agreement with Walter Robb dated February 21, 2013 (9)"] signed when they left" (ref: Food Fighter pub. 27Dec09). And dkt 26-2 "®" p2 with "Sustainable Business [Network] of New Zealand" p11. Where sustainable.org.nz "to showcase [our] stuff" 27Apr10 with continued encouragement eg “Love the re-loved element” 26Jan21 but also "Sustainable [Nutrition Initiative]"

Since NO “evidentiary hearing" (dkt 25 p5 c/- TTAB 91202219, 548 F.3d 1028 (2008)) then “Yost Declaration” id 7 “registrations are owned and licensed…subsidiary OR WFMI” [USPTO reg. 1961586, 3932090 (ref: 2:13-cv-02174 dkt 149 p4; dkt 55-1) et al; emphasis added], id 8 “does not customarily…or process any products” [emphasis added] (ref: dkt 6, 22) but excluded the word "sell" [shares, securities ("available-for-sale"), bonds (corporate, municipal), investments, cash and cash equivalents, notes (variable rate), commercial paper etc (ref: dkt 27-1), "sold" past tense “100% of…Inc.’s, stock” (ref: 9th Cir. Appeal 18-35473) or other over "weight [financialization]…contract-based intangible"] where "sell" (ref: 3:17-cv-06584-LB dkt 38 id 16 "Warren Declaration”)!!!. And customer n. esp. one customarily dealing with it [CONSUETUDE (n. Custom esp. as having legal force)] (ref: OX Dict) with 64.132.0.250 Pre-Action IP 64.132.0.4 event date 1Nov12, Post-Action IP 23.21.241.79. Also "times relevant" important since id 1 “August 2001”, id 3 [a] “In 2004…”, id 3 [b] “at the time (2004)” (2:13-cv-02174 dkt 26). And where was "adopted a Code of Business [ethical] Conduct" ie §406 Sarbanes-Oxley Act (dkt 27-1 p62) in the filing of "Motion to Dismiss" (dkt 5).

FOOTNOTE 7: sustain v.t. Bear weight of, keep from falling or sinking, enable to last out (sustaining food, that keeps up strength); endure without giving way, stand; undergo, suffer (defeat, loss &c.); (of Court &c.) decide in favour of, uphold, (objection, applicant, &c.); substantiate or corroborate (statement, charge &c); keep up (role, effort, note, &c)
longevity n. Long life [L longus long, aevum age (ref: Pocket Oxford [abridgement of Concise] Dictionary p844 left hand column/table). Where "land banking" includes "own…land for one store in development, including the adjacent property...own a building and land, which is leased to a third party…26 leased properties and adjacent spaces that are not being utilized in current operations, of which 18 are related to our acquisition of Wild Oats Markets in August 2007" (ref: 2:13-cv-02174 dkt 27-1 p19).

Inconvenient data FOOTNOTE 8: 2:13-cv-02174 dkt 27-1 "21.1 Subsidiaries of the Registrant (14)” where “(14)” “Filed herewith”. But “filed herewith” is to “SECTION 13” where §13(b) "No officer or director…take action to coerce, manipulate, mislead or fraudulently influence…" (ref: SECURITIES EXCHANGE ACT OF 1934) and 2:13-cv-02174 dkt 1 §21 [no subclause] “exclusive rights to the name and trademark EATRIGHT…since at least as early as 2004, Defendant Whole Foods was aware of the goodwill”. Also USPTO application 77682020 3Mar09 “SIGNATURE /Roberta Lang/…President” yet “related properties information” USPTO reg. 1557320 28Aug19 then became “SIGNATURE /albert percival/…Secretary”. Yet USPTO 77682020 on 17May09 regarding descriptiveness refusal "finding DOC in DOC-CONTROL would be understood to refer to the “documents” managed by applicant’s software, not “doctor” as shown in dictionary definition". Where drcranton.com now "out of service" but "Elmer M. Cranton, M.D. Emeritus" and John A. Cranton, ARNP" location "Mount Rainier Clinic, Yelm, Washington 98597, USA" and subpage "yeast related illness…Candida albicans" and "Rare Food Diet...eliminates the most common food allergens" (ref: achive.org 1Jan10, accessed 9Aug24).

FOOTNOTE 9: Lack of originality in connections of thought issues when "anthropic guys are on again with that cloudbot...change ip all the time so difficult to get rid of...the primary internet pest (while claiming artificial intelligence) they cannot even read the instruction only to do one request per second.... or stay away..." (Cactus Software, 8Aug24) VERY concerning. As are the trademark thickets, patent thickets and acquisition thickets with derisory (a. derisive (now rare [scoffing] ref: OX Dictionary) issues (ref: Ninth Circuit 15-35524 dkt 23 p47 references Petrella v. Metro-Goldwyn-Mayer, Inc.,695 F.3d 946 (9th Cir. 2012) but US Supreme Court decision 572 U.S. 663 (2014)). Where “Anthropic…egregious scraping [that] makes the site slower for everyone operating on it and ultimately affects our revenue” (ref: Anthropic's existential question by Sigal Samuel pub 5Aug24). But not just “slower”, the EATRIGHT® shop has experienced periods of ZERO access for content creation due to "Anthropic…[L out of the flock] scraping" [8Aug, 11Aug]

FOOTNOTE 10: Prior to 12th September 2023, the Eat Right Foods Ltd (EATRIGHT®) Google Profile included FIVE “Service Locations” with four (US, UK, Australia, New Zealand) in the “Five Eyes competition authorities to focus on collusion in international trade” (ref: ACCC 18Feb22). The “5” listed were part of the >60 countries with historical [ie prior to “lock-out” and “self-preferencing” ecosystems by “dominant platforms” (ref: Investigation of Competition in Digital Markets [4 out of 5 "Big Tech" listed] pub. Jul22)] actual sales. As part of the “Google Profile” updates, Sept 2023, a further 15 countries were added including Canada (nb. Google “Service Locations” has a country maximum of “20” not “60” plus (see also NZTE assisted “60+” export locations)). But had to deal with domain "inferences" such as eatrightaustralia.com (assignment to Leville; USPTO 77868068 and 91202219), eatrightunitedkingdom.com ["ZERO" trademark registrations in either country], eatrightwholefoods.com ("1 capture" archive 2Aug13), eatrightNUTRIENTINDEX.com (USPTO TTAB 91206844 dkt 1; id 12; p3; excluded from 2:13-cv-02174 dkt 55-1 p42-43) and "inferior" [L inferus low] priority of usage rights in WFM "PN" region eatrightcanada.com, eatrightcanada.org.

FOOTNOTE 11: And what about the "Yeti's Best" empty, heavy duty cartons below produce stacks (loaf n. cone of… (ref: OX Dict))? Also in correspondence on 9Aug14 related to 2:13-cv-02174 dkt 64-3 p14 “attach some example photos” where additional attachment included "2014-06-26_19-21-50_828.jpg" with "Yeti's Best" below "Whole Trade" GUARANTEE [emphasis added] pineapple barcode 099482 4335500 also dkt 38 id 3, dkt 38-4, 38-5. "Yeti's Best" was purportedly "grown by Christensen Produce Inc", "packed by Brown's finest" yet Judge Brown's opinion in FTC v. Whole Foods Market 548 F.3d 1028 (2008)). Where "Yeti" is a type of FICTIONAL bear (2:13-cv-02174 dkt 32-5 p6). Where EATRIGHT® product barcodes have been loaded in "sub item" detail (pub. 14Oct20) for search ability, more recent dexterity (n. dextrousness [L = right] ref: OX Dict) pack specifications (eg widthxheightxdepth; approved by FDA (FCN No.1818) and EU10/2011 etc) added but continued "pipe" blockages since "40% of all search term data is hidden" (ref: Mark Mayerson Search Engine Land pub. 10Sep24). Where an EATRIGHT® GUARANTEE [emphasis added] on reverse side of business cards, NZ Consumer Guarantees Act (replacements, refunds) c/- Article IV, Section 4 "GUARANTEE Clause" (“protect…against Invasion” (invade v.t make hostile in roads into (of disease &c). invasion n., invasive a. [IN⁻¹, L vadogo] ref: OX Dict.)) "would prevent single states such as Delaware" (66% and WFMI all "Delaware" 2:13-cv-02174 dkt 27-2 Exhibit 21.1) with its "lax charter requirements" (ref: The Antitrust Guarantee by Kevin Frazier pub. 23Sep24).

Inconvenient data FOOTNOTE 12: A "snippet" of 2:13-cv-02174 dkt 27-1 p48 where "COGs" includes "payments under cooperative advertising agreements" [cog v.t. Fraudulently control the fall of (dice; orig. by manipulation in casting; cogged dice, loaded) ref: OX Dictionary], "margin is [Amazon's] opportunity” (ref: Elephant in the Market Power Debate pub. 16Jan19). Where UNFI "primary supplier...extends through 2020" p10 also (b) Exhibits 10.8, 10.9, 10.10 "portions of this agreement have been omitted". “Rare” inclusion in WFM Inc’s 10-k, 2017 p36 "Unconditional purchase obligations" of $23,041 million; Amazon.com Inc's 2017 10-k page 59 "Unconditional purchase obligations" $24,200 million. UNFI "extends distribution partnership with Whole Foods to 2032" (pub. 22May24). Yet "Justice Delayed is Justice Denied" is, from understanding, chiseled in "stone" just across a parking lot from USPTO headquarters and in proximity to "Old Town (OTN) (057) (10185)" 1700 Duke St, VA 22314 ("STL" (store team leader), at the time, Mr S. Fader) not EATRIGHT distinctive "block color faded background". Where 2:13-cv-02174 dkt 26 id 4 ln 25 "WFMI’s network of stores in the Mid-Atlantic" but chisel ((sl.) defraud, treat unfairly [L caedo cut]) issues “Wisconsin Ave, Washington DC - didn't have them on the tables because of WFM shareholders visits [emphasis added] but wanting to order ASAP”, “40th St, Washington DC - 1st lot sold very well especially Yogis, ordered yesterday (?) didn't have them on the tables because of WFM shareholders visits [emphasis added], wants a demo” c/- “Duke St, VA - sold out”, (ARL)(028)(10042) "Hrs: 8-10 Daily; 7-9 Espresso Bar/Jamba Juice" also known as Arlington "Wilson Blvd, VA - no cookies, hadn't [been delivered] any" (ref: email to "MA MDW" Mar07). In dkt 26-2 p4 "UNFI/Whole Foods distribution centre" yet EATRIGHT® nutraceutical food products in grocery isles were "terminated without legitimate business justification" (ref: 472 U.S. 585 (1985)), "not a manufactured ["cookie" (L clamo call out) construct] subcategory" (ref: "Duke..." 111 F.4th 337 (4th Cir. 2024); in remarks by Assist. Attorney General Kanter pub. 12Sep24) included "controlling at least 30%" (ref: U. S. v. Philadelphia Nat. Bank, 374 U.S. 321 (1963) reaffirmed in FTC v. IQVIA (8Jan24)). Where dkt 26 id 13 "customer in a particular region...made a request that a particular Whole Foods Market® store carry EATRIGHT branded products...store in Vienna, VA" and (ref: 2:13-cv-02174 dkt 7 "Bet...Mines") "insurance" de-fence attorneys not "fence" built around "brand rights". Where "NZ's culture of innovation" firsts also includes "electric fence, 1936" (ref: NZ Story "…with Care" 0050 Infographic); "Dunedin, [the] first refrigerated clipper ship to complete a successful shipment" (ref: reefer ship Wikipedia), "marine biofuel to support sustainable shipping" (ref: SCION pub. 22Feb23) and "more".

Inconvenient data FOOTNOTE 13: USPTO TTAB proceeding # 92048847 dkt 4 id 3 'Petitioners Annual Report 2006 it says “Developed Eating Right, our new product line that will be introduced in early 2007. Eating Right will offer health- and diet-driven consumers …”' and corresponding dkt 5 exh 1 "leveraging superior consumer insights to spur [predation]". Where EATRIGHT® design simplicity includes an actual “lever” (ref: 92048847 dkt 5 exhibit 21 dated 21Mar03) [L fulcio prop¹ to uphold; prop² proposition (OX Dict)], incontestable USPTO registration # 3694692 in International Class 005 and others, NZ Food Safety Certification “high risk”, never bland or boring, active and innovative with niche scalable claimable nuances to "overcome the odds" (ref: Stephen Hawking).

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