What's in the name of this cookie product? The "Moritz" mountain (1,800m above sea level; but without "St." [abbrev. saint n. canonized]). Or is it more indicative of New Zealand's South Islands with "60%" being "covered by ranges with peaks over 1,500m" (ref: Encyclopedia of New Zealand), the height of "K2" (8,611m), the wonders of "The ReMARKables" (1,943m) [Mountain View Rd, Dalefield, Queenstown 9371, New Zealand] and the mountainous endeavors to protect our EATRIGHT® mark. What you will find, is includes it includes 70% dark chocolate, a hint of extra cinnamon bark, a source of vitamin K2 (ref: by calculation), source of choline and other "remarkably" differentiated data feats. Where "show product online" is a simple box tick c/-"REMARKABLE [emphasis added] absence of any photos on Whole Foods’ website" (draft, unpublished brief of appellant 29Sep15); "REMARKABLE [emphasis added]...settlement offer to be unreasonable” (email 6Nov14 context of 2:13-cv-02174 dkt 64-3 p11 redacted).
Interestingly, the EATRIGHT® Moritz Cookie was tasted tested and "liked" by "Vice President, Operations & Marketing Coordinator Whole Foods Market Northern Pacific Regional Office" in June 2004, meeting EmeryVILLE, CA 6Aug04 at 3pm [emery n. coarse corundum [Gk smeris] ref: OX Dict.] c/- LeVILLE. Asked if we "could get these to Vancouver as the current labeling looks to meet Canadian requirements" with that store just about to open. And although US Nutrition labeling work was undertaken, at that time, it did not make it onto the "perishables" tables [††] but a relevant remnant [n. leftover (ref: Thesaurus); "SERVING SUGGESTION" includes milk yet "NO LEFTOVERS" but ~5ml milk (ref: 2:13-cv-02174 dkt 32 id 6, dkt 32-2 p4, 6 and "peanut butter...bulk ["non-perishables" dkt 27-1 p6] grocery" with "WFMI" c/- dkt 32 id 5] in "Order Number:5947" (ref: USPTO TAAB 92048847 exh 5). Hence, its recent resurrection. - Internet order subject header transitions began with: "NUTCO" ("Provider" NUTCO) (on 11 May 2001; company # 1135877; NZBN: 9429036915071)..."O-NUTCO"..."O-EATRI" (referer eg eatright.co.nz)... but changed to "EATRI Order" (ie company # 1144882; NZBN: 9429000026048)
- [*] ICCANwiki.org search ".tech" and ".play" by private deal or auction. Where "Dutch auction [reserve set too high at the start, gradually decreasing price], sealed-bid auction...open auction yields, on average, a price that is closer to the item’s true value" (Reinventing the Bazaar by John McMillan, notes by Zhipeng Yan)
- "Lower search costs" including actual instore demos, expos and promotional differences rather than “Aha! strung us along” (Feb ’05), “…manipulating text, data, graphics…” (AHA! reg. # 2303083 incl. design search code “exclamation points”, “assignment”) and “(using vertical bar delimited)” links to “Specific Guideline...bars...”.
- Where EATRIGHT registrations have "Trademark Search Facility Classification Code INDEX" (TC INDEX) less “specific” paper based uploaded electronically in ’07. Hence, dual applicability [broader search (covering other "index": diet-DANDI (85439949), kids-KANDI (85439865), menu-MANDI (85439872), recipe-RANDI (85439881), ANDI, Standard & Poor’s S&P 500 Index, the NASDAQ-100® Index (the NASDAQ Composite Index), and the S&P Food Retail Index…Index to Consolidated Financial Statements (dkt 27-1)) documents and ESI “specific documents”]. For instance, USPTO registration # 3694693 TC Index: SHAPES-COLORS-3-OR-MORE, SHAPES-GEOMETRIC, SHAPES-MISC and not just USPTO Design Classification Codes “specific” electronic coded limits "26.11.21" where 1st two digits: category, 2nd two digits: division, last two digits: section.
- Compare with TC Index “Notation Symbols such as Non-Latin characters,punctuation and mathematical signs,zodiac signs,prescription marks” (USPTO registration # 3892099; specimen Nov 09, '09; attorney withdrawal Nov 21, '13; exh. WFM 001292 and ER762, ER911) and 'prescription mark' includes ℞ [or Rx] recipe and possibly ˚Bx, refractive index
- And "...- A Natural History of MARKETS" mentions lemon MARKETS (also "anti-competitive market distortions" ref: Alden Abbott). Meyer-medicinal-lemon EATRIGHT® "ingredient", lemon-background-label EATRIGHT® "graphics" (post Apr '09 changes, GF only), half a lemon graphic (with lemon-kiwi-grapefruit segments) in "S&P Aggregate" (reg. 4956810; Feb '16 specimen) and related Aggregate...Index, O-EATRI, O-STRIP [Index].
- “EATRIGHT with a lot of strings…afterwards” (ref: 25th Jun ’14), was "Satisfy Your Appetite to Eat Right" USPTO 78839926, not Right Eat [to Appetite Your Satisfy]
- [1] Concern raised about eatrightfoods.com Created on 1999-12-27 Registered And NO Website. ["IP History" included ROCKfordgroup.com Oct’05 email “Ms. Clifford...willing to sell the domain to you for $50,000. USD” with "AS16509" !!!]; eatrightfood.com Created 2013-04-01 Registered And NO Website ["IP location" importance]; eatsright.com Created 2021-02-06 Registered And NO Website ["IP location"]; estright.com Created 2015-12-06 Registered And NO Website ["IP location"]; eatwright.com Created 2019-05-27 Registered And NO Website ["IP location"]; righteat.com Created 2013-06-16 Registered And NO Website ["IP location"]; RIGHTSeat.com Created 2002-08-20 Registered And NO Website ["IP location"]; freebee.com Registered And NO Website ["IP location"]; kideats.com Created 2006-11-26 Registered And NO Website ["IP location" c/- USPTO 3713825 priority date (specimen Feb'08 with EATRIGHT®, specimen Nov'08 without, cancelled Jul '16]; kidseat.com Registered And NO Website ["IP location"]; ".free" registry [but increasing FEEs]; delegated ".safe" registry; withdrawn .safeway but saferway.com "IP location"; Sept'08 ".mackay" (ie Mackey typo mistake); ".kid" and ".kids" proposed gTLDs
- [2] eatritefood.com Created 2022-08-02 Registered And NO Website ["IP location"]; eatrightco.com Created 2022-08-01 Registered And NO Website; 'typos' goggle.com Registered And NO Website; withdrawal of ".est" registry BUT ".soy" [see also "/soyfree.htm" and "/soy-free-cookies-cakes.php" website entry pages] and ".eat" delegated to "Charleston Road...[Inc" a day after "joint status report due" (dkt 20); and name of old gold-mining road, West Coast, NZ]; ".kid" and ".kids" proposed gTLDs and others, yet to be uncovered
- Cyber-squatting definition: "attempting to profit by purchasing domain names made of marketable and trademark related terms". Typo-squatting (or domain mimicry) definition: "registrations of misspellings of popular website addresses in order to garner large amounts of traffic...URL hijacking" (ref: ICCANwiki.org). See also generic squatting definition [3] "occupy property without legal claim" (Encarta Dictionary), [L cogo force] (Oxford Dictionary) and "hide" dropdown 'lacking imagination...unoriginal' (Dictionary Box, Google).
- 'giant...conduct which has been uncovered...more than 30m [thirty million] documents'. The Guardian by Holly Watt, David Pegg and Rob Evans (pub. 17 Jan '17)
- "giant international rivals recognize that their mutual self-interest lies in cooperation and COLLUSION, not HARD competition" (emphasis added). The Proposed Emasculation of Section 7 of the Clayton Act by Walter Adams and James W. Brock (pub. 1986)
- [4] "a surprisingly consistent picture. Whatever the stated or unstated goals of managers are, the [conglomerate] mergers they have consummated...". The Effects of Conglomerate Mergers: A Survey of the Empirical Evidence, 1 J. BANKING & FIN. 344 (1977) by D. C. Mueller
- bagel (noun) ring-shaped ROLL; caper (noun) ...3. questionable activity..especially one involving robbery (Encarta Dictionary). "Bagel full LOX cream cheese capers", "Half bagel with LOX capers and cream cheese" (Recalls, Market Withdrawals, & Safety Alerts; Page Last Updated: 02/01/2013; dkt 27-13)
- If gTLM .film registrants 'must be a SANCTIONED film organization' how will it work??? Will it be fromSOUPtoNUTS.film or from-soup-to-nuts.film or parked
- [†] USPTO registration 2738837 includes 'related property information claimed ownership' of '95 registration 1930917 with '03 cancellation. Registrant 'Advanced Computer Communications' (ACC)...address Ericsson Inc (other river names: Nile, Danube (river n. [of water, of blood, of lava]; rivet, n. [fastener, pin, bolt, press-stud, snap]). And next door to CHATter with, and without, mediator ...HARD...group.com blindside issues on-and-before 9th Mar '15
- Accident Compensation Corporation (abbr. ACC) includes business levies to fund accidental injury claims. Eat Right Foods Ltd has had multiple classification changes over time. See also Government Electronic Tender Service (abbr. GETS)
- [**] Another example of Victor Packaging's "industrial design" key to success, "where function meets form", prowess can be seen in WIPO and IPONZ design databases NZ ID 411135, 411136 and 411137 (Locarno classification 07.09.003 (household goods, not elsewhere specified, stands and holders for household appliances and utensils), registered on 25 Jul 2008, expired 25 Jul 2023).
- Editorial initiated publicity not .ads “Thank you for the media statement about Eat Right Freebee Cookies. I hope to include a note in the next issue of Pen & Palate, the journal of the NZ Guild of Food Writers…appreciate receiving some samples” (Jun ’06). Related is a nzbusiness.co.nz article (pub. Sep '06) currently unable to locate.
- emasculation (v.t.) enfeeble; weaken by excisions; conglomeration, n., mass stuck together [L glomus ball]; collusive a. [L ludo play]; rite, n. ceremonial act, set procedure [L ritus]; g(u)ild, n. society for mutual aid or with common objective; G.-HALL, in which medieval g. met, also (as meeting-place of Corporation) town – HALL...group of organisms; Abbr.: L, Latin (Pocket Oxford Dictionary, 4th ed., reprinted '52; ...Encarta Dictionary). See also: horse sense n. same as common sense n., practical knowledge n.,
- [††] See also dkt 26 id.4 "EATRIGHT branded products were distributed through...own distribution centers" where "facilities" included “Landover Warehouse…M.A. D.C.”, “840 Interchange…SW DC” (...request 41), “17900 E 32ND Ave…RM DDC”. Where “ D.C.”, “ DC” and “DC” are abbr. for Distribution Center (with/without gaps, with/without full stops).
- [††] "D-C" is an abbr. for Douglas-Clifford, yet insistence to “remove the hyphen…more accurate data” (dkt 64-3) would remove [Justice] Douglas [P&G] search-ability. Also a "specific" search for "Douglasclifford" would exclude label proofs sent to "Rebecca Douglass-Clifford" and emails addressed to "Ms. Douglass-Clifford" (TTAB cancellation proceeding "92/048,847") [justice] Douglass [right is of no sex--truth is of no color] connections.
- [††] "EATRIGHT branded products were distributed through...network of stores". But removing a hyphen or too many "specifics", would exclude "MA" (mid-Atlantic) region with abbreviations "DC-3" (ie 3 stores in "DC" state: "P Street", "Tenley" and "Georgetown"), "KY-1", "NJ-2 (Marlton, Princeton Only)", "OH-1", "PA-7", "VA-8" (ie 8 stores in "VA" state including "Vienna" (VNA)(037)(10065) (dkt 26-6)) and "MD-7 ( plus 3 facilities)".
- [†††] Eat Right Global Ltd, that "previously held" a "Business Term Loan", has received a refund amount. But the name server for westpac.co.nz, trustbank.co.nz is concerning and Westpac New Zealand has been the [entrenched] banker of the New Zealand Government “since 1989”
Ingredients: certified organic wheat flours (white, wholemeal), cert. organic unsalted butter (milk), certified organic raw sugar, fair trade cert organic chocolate ((cocoa solids 70% min), cocoa liquor, cane sugar, cocoa butter, sunflower lecithin, natural vanilla)), cert. organic fresh eggs, cert organic secret spice mix, natural vanilla essence.
Contains: wheat, gluten, milk, eggs
USDA Database for the Choline Content of Selected Foods (release 2, 2008). Recommended Daily Allowance or RDA=500 mg/day
* Wheat flour, whole-grain. (Choline 31.0mg/100g; Betaine 73.0mg/100g) (NDB No. 20080)
* Wheat flour, white, all purpose, enriched, bleached (Choline 10.0mg/100g; Betaine 70.0mg/100g) (NDB No. 20080). NB. no data for organic, not enriched or non-bleached
* Baking chocolate (Choline 46mg/100g; Betaine 2.6mg/100g) NB. no data for specifics
* Butter, with salt (Choline 19mg/100g). Data n/a for no-added salt
* Egg, whole, raw, fresh (Choline 250mg/100g; Betaine 0.6mg/100g). NB. no data for organic
Choline "contributes to: normal homocysteine metabolism, normal fat metabolism, maintenance of normal liver function" (FSANZ Std. 1.2.7)
Shelf life: 18 weeks or more. Can be chilled or frozen indefinitely (at 0ºC (32ºF) or less)
Country of Origin: Made in the South Island of NEW ZEALAND. >70% grown from NEW ZEALAND's bio-economy ingredients. <30% "originating" elsewhere
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. And 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 and Fair Trading Amendment Act 2021
Availability: An EATRIGHT® Online Shop Only Product
Address: PO Box 1525 [Level 1, 6 Church St], Nelson 7040, NEW ZEALAND
Packaging: Tamper-proof due to label wrap around clam shells. FREE display [**] boxes available when purchasing ten or more one pack cookies
