EATRIGHT® Moritz Cookies
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 Island 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, Queenstown 9371], memorable mountaineers (Sir Ernest Rutherford, Mark P. Walters) and the mountainous endeavors to protect our EATRIGHT® mark ("WFMI" misuse of legal "process" (2:13-cv-02174 dkt 149 p4-6) with continued brand encumberment. What you will find, is 70% dark chocolate, a hint of extra cinnamon bark (PRAL value -24.5502 ref: USDA), a source of vitamin K2 (ref: by calculation), source of choline and other "remarkably" differentiated data feats. Where "show product [Prod ID: 2601] online" is a simple box tick c/-"REMARKABLE absence [emphasis added] of any photos on Whole Foods’ website" (draft, unpublished brief of appellant 29Sep15); "REMARKABLE [emphasis added]...settlement offer to be unreasonable” (email 6Nov14 context of 2:13-cv-02174 dkt 64-3 p11 redacted). And 2:13-cv-02174 "or" 3:13-cv-06032 are mnemonics (a. of, designed to aid, the memory [Gk mnemon mindful]) that all legal rights are required for "due process". That or¹, n. Gold or yellow in heraldry [L aurum gold] (ref: OX Dict 4th ed) incontestable USPTO reg. 3045314 "gold" but later incontestable USPTO reg. 3694692 and 3694693 "yellow".
Where New Zealand is known as the "Long White Cloud" (ref: Te Ara). cumulus n. form of CLOUD consisting of rounded masses heaped on horizontal base often like range of snow-mountains [L cumulus heap] (ref: OX Dict.) not “Cumulus” used by WFM to “download signage and design assets…GOLD Coast LOGIN" [emphasis added] (ref: wholefoodsmarketmidwest...Cumulus). Where "gold coast", "Project Goldmine" (ref: 548 F.3d 1028 (2008) and coast n. seaboard (the c. is clear, there is no one to observe or interfere). But hamper (n. (naut) necessary but cumbrous part of ship’s equipment (ref: OX Dict. 4th ed)) for wind powered vessels includes "top" upper masts, spars, rigging including Optimists, Lasers, AC75's etc.
And “common” mole scalopus aquaticus or other mole(s)² (n. burrowing mammal… smallness of its eyes to be blind (ref: OX Dict)) species “remain absent” from New Zealand's (ref: PMID 36676105 pub. 5Jan23) due to our "strict biosecurity controls ensur[ing] fewer pests and diseases" (ref: NZ Story). However, Port Nelson does have a distinctive bolder bank (mole³ break water, causeway [L moles mass] ref: OX Dict). Where [1996] 3 NZLR 554 (rival tug business) fundamentally changed “conduct” challenges (ref: Predatory Conduct under Commerce Act 1986 (1998) 28 VUWLR; Misuse of Market Power Guidelines pub. Mar22) ...the third "conduct" case against Port Nelson Ltd (PNL). The other preceding cases were [1992] NZAR 5 (rival stevedoring; coy # 169275, including USA 98006, USA 98033 directors) and [1990] 2 NZLR 662 (rival forklift business).
Steve & Sons (ref: 19-1397 (4th Cir. 2021)) "door business"; Lfurca pitchfork or furcation [FORK] (ref: Dict) ninth circuit appeal 18-35473 dkt 55 p8 "bifurcation". In 2:13-cv-02174 dkt 149 p7-8 fork (f. out sl., pay up) to "WFMSI" but "WFMI" involvement in 24Feb11 due diligence (ref: dkt 149 p6) and “the word fork was thieves’ slang for finger and ‘forking over’” (ref: Origins of the Phrases We Use Everyday, non fiction book by "A Jack[up]" ie pen name for Graham Willmott). So finger n. [to] have a f. in the pie, take part in a matter (ref: OX Dict. 4th ed) "not controverted by any evidence submitted by WFMI" (dkt 25 p15 ln9). Also "forks_over_knives_", (ref: photo produced by "ERF" 24Feb14 for "RFP" No. 2 instore at WFM San Mateo & Petaluma; presumably extracted from WFMI then used by LeVille in dkt 57-2 p2 bottom LHS blurred DVD. And "forks_over_knives_", Joel Fuhrman, M.D. and 20 redacted lines in email from Meta Platforms Inc on 24Jan23. "Forkish" (in "Vendor Partners" of "WFM" email 30Nov11 incl. Ricardo Martinez (SW SDD)), "Apple Pie...Source: Amazon.com, Inc." (ref: foodbusinessnews.net pub. 14Jan20). And "finger in the pie", "finger in the cookie [box, carton]" (ref: "finger scoop with chamfered box" (WIPO design database D678052 filed 29Jun11), camfered carton (D678048, 31May11) c/- EATRIGHT® [structural and display] boxes with "original appearance", at the time, of edge standing cookies ref: local novelty standard) used in first shipments to WFM (Aug04 nb. excluding chamfer) but not the middle or the last. scoop n. gouge-like instrument, (sl.) large profit made quckly, chamfer n. bevel on an edge (concave c., as if gouged) [F (CANT¹, FRACTION)] cant¹ v.t. & i. hold out of level; take, be in, tilted position [Rom., = edge] ref: OX Dict). Instead both WFMI "hands in [GOUGING] the cookie jar" (sl., the act of stealing ref: Wikitionary).
Interestingly, New Zealand is NOT a participant in the Hague System on Industrial Designs (1999). But "rights in product designs can be protected in two ways: industrial copyright, under the Copyright Act 1994, and design registration, under the Designs Act 1953" (ref: Ben Cain, JAWS pub. 2Jun20). Where "LOOKALIKES [added emphasis] pose a threat (1) revenue squeeze, (2) brand dilution, (3) innovation reduction, (4) packaging change waste..."
■ Locarno Cl. 09-03 (boxes, cases, containers, (preserve) tins or cans); EATRIGHT® Nut Corners in potato starch "trays (21 x 13 x 2.6cm)" an "in hibernation" Prod ID: 1615 c/- D684456 Molded tray package filed 31May11 [Inventor, Applicant] Bakker et al (San Francisco, CA US), [Assignee] Amazon Technologies, Inc. (Reno, NV US)
■ Locarno Cl. 09-10 (handles for [KIDEATS® cookie] buckets); handle (n. fact that may be taken advantage of (ref: OX Dict.)) c/-D937527 [fly] wheel[ed] cart handle filed 10Apr20 (HALL[ie] llc and "[] Hall" dkt 32-5 p2); ”fringe competition” for individual products within [cart] may not protect consumers who need the whole [cart] from market power” (ref: 548 F 3d 1028, 1043-49 (DC Cir 2008) at p. 1038). [Applicant, Assignee] Amazon Technologies, Inc. (Seattle, WA US)
■ Locarno Cl. 09-07 (closing means and attachments) “Pride and Print Awards Highly Commended (2008)" (2:13-cv-02174 dkt 26 id 2) "Title of Entry: Eatright[®] Cookie Carton” with "original appearance", at the time, nuances that included fiber "box closure flap" in a "tilted position" (see also 590 U. S. ____ (2020)) c/- D707123 filed 13Mar13 ([Inventor] Bakker (San Mateo, CA US) et al; [Applicant, Assignee] Amazon Technologies, Inc. (Reno, NV US)) and 2:13-cv-02174 dkt 27-1 p13 "2007...fiber packaging"
The “continuing absence of a rapid and effective legal remedy to prevent the rewards from brand investment being misappropriated by imitators [L imitor] means that such action will likely continue, with the upshot that manufacturer and retailer competition may be distorted (tort n. (legal) breach of duty imposed by law whereby some person acquires a right of action for damages (ref: OX Dict 4th ed)) 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. May14).
Interestingly, the one pack [c/- 4x75g cookies in "tilted position" donut tray] 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 at 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 is 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 "Whole Foods Market Inc...CA" (c/- dkt 32 id 5 [not just] “Pacific Northwest”; produce prepaks, org almonds "Dist. by WFM"). And EATRIGHT® Moritz Cookies sent out "Order Number:5947" (ref: USPTO TAAB 92048847 exh 5). See also Mr Gilmore “Midwest”; Regional President 2004 (ref: 2:13-cv-02174 dkt 32-5; SEC Form 4 transaction 6/1/2004 but also in 10-K yr end 6Sep04 p7 "relative lack of national brands...unique private label opportunity...private label sales in grocery and nutrition accounted for approximately 14% of total [] sales in those product categories"), "Whole TREATS" USPTO serial # 76614403 (applied for 1Oct04, abandoned 24Mar09) and first samples sent 2Oct07 to "MidWest Region" "Vice President Purchasing & Distribution" but samples still being requested and sent 4Jul08. Hence, its recent resurrection.
Where the first internet order, on record, sent to the US was
“Order Number:4038
Address1 : Alameda
Zip Code : 94501
State : California
Country : United States
Order placed on 17 Jul 2001 06:02:13 +1200
Comments: Very easy to do...I am looking forward to trying these treats”
treat v.t. & i. Act or behave towards in a specified way, deal with or apply process to, heal, remedy, cure. n. Thing that gives rare pleasure (ref: Dictionary, Thesaurus).
Where "a man of that kidney" is descriptive of "nature or temperament" (ref: Dictionary 4th ed; Oxford Languages). And 2:13-cv-02174 dkt 99 id 23 exhibit J id 3 "organic KIDNEY beans".
See also 2:13-cv-02174 dkt 99 id 2, id 4 "often requested by Whole Foods customers [including by customers in other regional office areas]".
As a prior consultant to Safeway Inc, under the provisions of agreements negotiated in USPTO TTAB 92049105 (ref: 2:13-cv-02174 dkt 99 id 5), Mr Leville was prohibited from the use of EAT RIGHT, EATRIGHT and EAT-RIGHT. But subsequent to the “Safeway agreements” Leville-Nutritional Excellence LLC, entered into a license agreement with WFM and another agreement with WFMI involvement. Safeway required, as per the agreements, to take action against Leville-Nutritional Excellence but no action against its prior "consultant" (ref: 2:13-cv-02174 dkt 99 id 8 & 9 ie NOT bona fide [L = in good faith] use). And WFMI was required by 548 F.3d 1028 (2008) to certain conduct requirements but, again, promises were broken (2:13-cv-02174 dkt 149 p6). And what's rare (astonish v.t. render speachless astound v.t. overwhelm [L tono thunder]) about Delaware (symbol: Del.)? del an operator used in vector ["rA on the bar" ref: Wikipedia] analysis; abbreviation for [Gk] delta (ref: OX languages). For instance, what technology acquisition had involvement in Hallie LLC [Amazon], company number 5409251, 251 Little Falls Drive, Wilmington, Delaware, registered agent "Corporation Service Company" (CSC), incorporated 3Oct’13 origins? Differences but "sell off" similarities to C & S Wholesale Grocers Inc, non-Delaware.
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
- 'Broken promises WITHOUT consequences'. To a Bain [of Founder's Mentality] consultant 'be careful with FTC. We want to say we can run them'.
A Flawed Divestiture, Dynamic Pricing on Steroids... by Corey Lipton, The Sling pub. 27Sep24
- 'Any single action by one of these companies can affect hundreds of millions of us in profound & lasting ways' (Hearing by Chair Cicilline). Antitrust Guarantee provides another means of protection.
The Antitrust Guarantee by Asst. Prof. Kevin T. Frazier pub. 23Sep24