Kideats™ Apricot Cookie * LIMITED STOCK *

This one takes a lot of beating launched into place such as WFM Monterey (NC MRY) [Cannery Row] 6Feb08 with comments such as “Everybody loves them! Suddenly the prospect of going gluten-free is not so daunting. These wonderful cookies give these children confidence that changing their food will not change their enjoyment of eating”. Minimally processed, naturally gluten free source of "necessary for normal neurological function" grist, native NEW ZEALAND bush honey (including Kanuka), unsalted butter from grass-fed cows, vegetarian friendly. Since 25% of consumers claim to have a food intolerance and "allergy...is the most common emergency in schools" (ref: "ISAAC")^, each cookie is a combination of consumer quotes such as "better than [an ordinary] bar" and "more benefits than a biscuit".

The butter is a "low lactose" (by analytical testing) and a low A1 protein (by calculation) ingredient. This is important due to susceptibility of A1 milk [beta-casomomorphin7 (BCM7), a derivative of A1 beta-casein] related health problems [such as] type 1 diabetes, heart disease, autism, auto-immune and Crohn’s disease (ref: Prof Keith Woodward pub. Oct07). But butter is also an important source of vitamin "K" (MK4-MK13) and the other food matrix ingredients need consideration. For instance, “Ananas comosus - common name: Bromelain, Pineapple” for “Digestion, Vascular and Vein Health” (ref: European Food Safety Authority Unit on Dietetic Products, Nutrition and Allergies Consolidated list of Article 13 health claims List of references received by EFSA Part 3 ID 2212&3 (pub. Apr’11) and treatment with [plant protease EC 3.4.22.33] bromelain decreases colonic inflammation in the IL-10-deficient murine model of inflammatory bowel disease (ref: Clin Immunol, 116, 135-142)...metalloenzymes (metal cofactors) [phytoChemid: TIN, Zinc; ubiquitous: Yes; Activities: Antiacne et al (ref: Dr Duke's USDA Databases)]. Important differences to the “Proposition 65 List” indium tin oxide, CAS # 50926-11-9, cancer; arsenic, CAS # 7440-38-2 et al (ref: oehha.ca.gov/chemicals).

Ingredients: certified organic grist (unhulled buckwheat, brown rice), bush honey (incl. native kanuka, honeydew), certified organic apricots (11%), cert organic unsalted butter (milk), cert. organic raw sugar, pineapple juice. Contains: milk

Shelf life: 18 weeks from zero degree Celsius or thirty two degrees Fahrenheit distribution

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 Food Ltd for the manufacture, processing, exporting, packing, holding and distribution of food products. And the third party, independent audit company is ISO 17020 accredited (ISO, International Organization for Standardization)
Additional Audited Compliance: Australian NEW ZEALAND Food Standards 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.
Where food manufacturing standards (second only to aviation standards (ref: internal documents Everedge Global)) have "difficult" barriers to entry in comparison to "lower" entry level restaurant-hospitality-canteens-mess [mess n. Portion of food (arch.; m. of pottage, material gain for which something higher is sacrificed) ref: OX Dict 4th ed].
Trademarks: at the time, registrations included USPTO 77397776 (sub-brand specimen 15Feb08) and IPONZ 776323. Subsequent registrations [without a "K"] IPONZ 813334 and 813335. See also 3:08-cv-00213-WWE dkt 1-3 08Feb08 "Eat-Right-Live-Well; LLC" p8 also "deleted:" p40 and TTAB Proceeding 91206844 Eat Right Foods Ltd v. K. Leville but also "Keville" relevance in USPTO # 78581461 Animal Compassion Foundation "Corporation" assigned to Global Animal Partnership "Corporation" (2:13-02174 dkt 27-14) USPTO 85369610 on 4May12. Directors included "Keville" et al and USPTO 78581489 specimen AnimalCompassionFoundation.org; IP location Whole Foods Market Services Inc.

Packaging: The fun style robust [L robur strength] "bucket" packaging is available with or without a handle "perfect for kids to use at the beach, to put crayons or nails [“nail v.t. …fix or hold tight (attention, person to admission &c.); (colloq.) secure, catch” ref: OX Dict. 4th ed] into and of course fantastic for stacking on your tables" (ref: (SW SWC) 22Nov07 email attachment). [can (container (n.), tin (n.), dismiss (v.) ref: Thesaurus); canister, n. Small box usu. of metal for tea &c. [Gk = basket] ref: Oxford Dictionary].
The SW SWC request for KIDEATS™ samples and "new labels" were sent but subsequent "unusual" changes to Whole Kids Organic logo USPTO 76495056 & 76977995 (red ribbon [Maxwell House] globe design (31Jan06)) to Whole Kids Foundation USPTO 85976480 (sylized with back-leaning "i" specimen 5Mar12 p1 "salad bars [can'teen, bain-marie] to schools" [2:13-cv-02174 plaintiffs 2nd request for production No. 13-14, 35-44 7Jan15] and p6 WholeKidsFoundation.org (whois...Nova) including "\" or "round tripping" potential issues). See also the forward-lean "i" in USPTO 76978929 et al. Where leaning n. (esp.) tendency or inclination (to conduct & c.) and passing off (of sensations &c.) cease gradually…palm off (thing as or for something else, upon another), cause (awkward allusion or situation) to go unnoticed (ref: OX Dictionary 4th ed).

Special Offer: Also available to purchase, until stocks run out [a "non-stock" item not a "non-stock" corporation], are the custom made "deep etched" relief printed cookie stamps. The "deep etching" design ensures the stamp deTAIL is transferred onto the medium of your choice. For instance, the cookie stamps can be used on multiple types of dough (edible-cookie-dough ["chilled or frozen" 20Mar08 request], edible-fondant/icing, non-edible-play-dough), dipped in ink for an ink print or even used in wax stamping. And, because the stamps are "made with care" they are extremely durable [L durus hard], easy to clean with have an easy to use wooden handle.

Address: PO Box 1525 [Level 1, 6 Church St], Nelson 7040, NEW ZEALAND

Postscript: ^ "(ISAAC)" or The International Study of Asthma and Allergies in Childhood was the "largest worldwide collaboration research project ever undertaken". New Zealand collaborators included Dr Rodney Ford (Medical doctor MB. MD. FRACP. ASM) [affidavit dated 15Sep08 “any confusion arising…extremely damaging to the health of consumers” NB. prior to Trademark Technical and Conforming Act (pub. 17Mar20)] of Christchurch (phase 1) and, in memoriam (19Aug65 to 11Feb15), Mr Tadd *CLAYTON* of Auckland (phase 1 and phase 3). But Listeria monocytogenes [2:13-cv-02174 dkt 27-13] "little is known about Lm-associated respiratory tract or lung infections" (ref: a study of 38 consecutive cases PMID: 29549058 by M Morgand et al Epub 13Mar18). Also of relevance is birth/first name “ISAAC", analyst at Nickerson & Associates, LLC where Eat Right Foods Ltd damages “calculation needs to be =SUM(B33:B35)*$B$27 etc not =SUM(B33:B34)*$B$27 to take into account the “Prepare Foods” (ref: 17Jul14 email).

The ISAAC study (isaac.auckland.ac.nz) was finished in Dec12, now "GlobalAsthmaNetwork.org" (whois: ...Registrar Inc; IP Location: Paris - Amazon Data Services France), but when uncovered from (eg to pn.bake.buyers; nc.bake.tl re: "Thanks Giving" Nov09) significant severity of AI bots (robot [Czech robota statute labour; term in Cepek’s play R.U.R] ref: Addenda OX Dict. 4th ed). The severe retaliatory attacks 21-22May24 (NZST) "from Anthropic.com (or spammers pretending to be them) flooding [this] shopping site with millions of requests" at 100/sec completely ignoring the "ROBOT.TXT" file. But "people who create and produce these inputs must be properly compensated" (ref: Jonathan Kanter, DOJ, Artificial Intelligence Workshop pub. 30May24). Also on eatright.co.nz, the ●'s were changed to ?'s by ??? between 29Feb24 and 5May24 (ref: archive.org) corrected by "ERF" to "|" on 25May24. But the big challenge is the significant number of IP address and user agent changes where “source” [liability] encompasses more than just “legal entity” (ref: USPTO applications 87722325, 87722340, 87722319, 87722344).

• "Cut a check from Whole Foods Pay to the order : Eat Right Foods LTD" for the amount of US$19.16 [1916 Kern Amendment to Clayton Act; kern, n. (hist.). Light-armed Irish foot-soldier; peasant. kernel, n. seed within husk (ref: OX Dict)] identified by Ms. Clayton, on 1Nov10 (ref: USPTO TTAB 91202219 dkt 74) definitely NOT the so called "certainly" (ref: 2:13-cv-02174 dkt 29 p7 ln 19 including footnote 2 p8 ln 1 "compensated Plaintiff for these products") with a post WFMI dismissal admission (ref: 3:17-cv-06584-LB dkt 36 p4 ln5-7) "(“FTC”) in 2008. That complaint was filed in connection with antitrust proceedings the FTC had brought to stop WFMI’s acquisition of Wild Oats Markets, Inc." also Id 6 “times relevant to this litigation” and "ISO MTD SAC" (abbrev. In support of Motion to Dismiss Second Amended Class Action Complaint not "ISO" Standards or WFM Standards “Suppliers are required to maintain an insurance policy listing Whole Foods as additionally insured for the amount of $5MM per Incidence. (in compliance with corporate policy)…Name WFM Purchasing, L.P., its PARENT [emphasis added] and affiliates as an Additional Insured” (in email attachment 6Sept07 “7532476_1.doc”; nb. same document properties ie “Title: PRIVATE LABEL DAIRY SCOPE” and “Author: greenfek” as dkt 26-1)).
• $19.16 NOT “in or around fall of 2010 a check for approximately [US]$35 was sent to Eat Right Foods for the cost of certain books” (ref: USPTO TTAB 91202219 deposition testimony Mr. K. LeVille p242 ln21-23 date: 26Apr11 also in 2:13-cv-02174 Defendants 2nd Set of Requests for Production No. 39). USPTO TTAB 91202219 LeVille testimony (ref: ln10-12, p93) "Whole Foods Market first approach Nutritional Excellence? I believe it was May 2009”. Where liability for contributory infringement trademark infringement…”intentionally INDUCES [emphasis added] another to infringe on a trademark” (ref: 2:13-cv-02174 dkt 25 p14 citing 456 U.S. 844, 854 (1982)). See also “makers induced to sell? Fear of what would happen to them if they did not” (ref: U.S. v. American Can Co. 230 F. 859 (1916) keywords: ROSE [District Judge c/- “roseorganics”, Portland Oregon 97204 27May08 wholesale enquiry], admiralty [2:13-cv-02174 dkt 149], emancipate [The Proposed Emasculation of Section 7 of the Clayton Act, 65 Neb. L. Rev. (1986)], salmon [2:13-cv-02174 dkt 32-2 p10 label only of CANNED fish product], not testified, price discrimination, feared, patents ["licence to overcharge" ref: Reinventing the Bazaar by J. McMillan], prodigality [L prodigium], no record, TIN [sl. money], plate, sanitary [GII 3.3.2 EPI scores “Global Burden of Disease”], stopper, pineapple [USPTO 88956107 8Feb24 specimen also 365 reduced fat milk 2:13-cv-02174 dkt 32-2 p11], scabbard [n. Sheath of sword, &c. (throw away the s., commit oneself to fighting it out). [Teut. (SCALE², BOARD]), gold, weal [wale,weal¹ n. Ridge raised on flesh by whip &c. weal² n. Welfare]). And USPTO 88094775 cl 029: “Butter; Canned…fruits” where AMZN's WFMI acquisition, including tin canned for fruit and vegetables, “more important than any or all of the others” (ref: 230 F. 859 (1916) re: Sanitary Can Company). See also “what is [Whole Foods’] moat and how wide is it?...network of great locations, switching costs exist...hard-to-come-by-moats the list is far from exhaustive" (ref: The Catalyst Tree pub. 6May16). Where "United Natural Foods extends distribution partnership with Whole Foods to 2032” (ref: Seeking Alpha pub. 22May24), “rare” inclusion in WFM Inc’s 10-k, 2017 p36 "Unconditional purchase obligations" of $23,041 million and Amazon.com Inc's 2017 10-k page 59 "Unconditional purchase obligations (3) $24,200 million (ref: "on the hook for an additional $22 billion" by Eugene Kim, CNBC pub. 7Mar18). Also "delivered to each UNFI/Whole Foods...FOB delivered to each of our [emphasis added] distribution locations" (2:13-cv-02174 dkt 26-1 p3) and “defendant induces or compels its customers to enter into long-term contracts” (ref: 230 F. 859 (1916))
• See also "Google cuts mystery check to US in bid to sidestep [7th Amendment treble damages] jury trial" (by Mike Scarcella, Reuters pub. 21May24; 1:123-cv-00108 dkt 688 filed 30May24).

Footnote: The Toby photo and related publicity is an example of “growth by internal expansion [which is] socially preferable to growth by acquisition (ref: U.S. v. Philadelphia Nat. Bank, 374 U.S. 321 (1963) and "Toby Press" acquired Nov10 ref: Competition in Digital Markets House Judiciary Report)). The photo (by Elspeth Collier) and article (by Kate Coughlan) are snippets of gratitude to New Zealand Life & Leisure Nov/Dec 08 issue 22 (977176889003 ISSN 1176-8894) Taste p107 Food Heros p117-120. At that time, the KIDEATS™ cookies, in "premium, natural, and organic supermarkets (PNOS)" with "Low in Sodium" (AOAC 984.27) on label claim but peculiar characteristics…"impractical" and "unwarranted"..."men's," "women's," [2:13-cv-02174 dkt 38-1 p3] and "children's" sufficient in the "protection of viable, small, [not just men's, children's] owned businesses" (ref: Brown Shoe Co. v. United States, 370 U.S. 294). Where Professor Wayne CARTWRIGHT lecturer of 270.445 "Strategic Management" MBA program, University of Auckland (at relevant time)...CARTWRIGHT Act relevance (Mrs. Gooch's...SC122679; 2:13-cv-02174 dkt 27-2).

Inconvenient data 1: "There had been no significant entries in the baby food market in decades and that new entry was `difficult and improbable'. Also the district court “undertook no inquiry” in regard [to taste] or "how much [it] would have to spend to make its product equivalent". Where the "combination of a concentrated market and barriers to entry is a recipe for price coordination" (ref: FTC v. H.J. Heinz Co. 246 F.3d 708 (D.C. Cir. 2001)). See also Berkshire Hathaway “overpaid for Kraft’s merger with Heinz” (pub. ft.com 25Feb19); the dietitians outrage at "KIDS EAT RIGHT" logo "amounting to product endorsement" on Kraft [cheesy] products (pub. WSJ 31Mar15) and SEC “information bundling” by Kraft Heinz Corporation (pub. 4Sept21)^^ see also use of "legal loopholes".
Where "...Elements" USPTO serial no. 86618467 (filed 4May15 correspondent: Richard Law Group) “intent to perfect 44(d) Iceland" but "How Clean is Your Cloud?" energy transparency score card "F" (pub. Greenpeace Apr'12 not USPTO 85477449 "Green Mission" (where "adMISSION" antonym "exclusion" ref: Thesaurus) and 2:13-cv-02174 interrogatory no.8: "ERF products have also been distributed to various organizations such as...Greenpeace". Where USPTO 86618467 parent "goods and services" divided out child "Baby Food" etc with specimen remaining for "Household cleaners..." is "baby wipes" a product used with "diapers" (ref: U.S. House Judiciary Digital Markets Report footnote 43 acquired ‘‘Quidsi, the e-commerce company that runs Diapers.com’’; footnote 1583 "in the soup with P&G on their pampers map price" et al) and "P&G" is Procter & Gamble (ref: FTC v. Procter & Gamble 386 U.S. 568 (1967)). See also letter to Richard Law Group, Inc (dated 2Mar15) “Eveready survey design…full of improperly biased design ELEMENTS [emphasis added], including improper stimuli and a survey population that represented the public generally, instead of Whole Foods’ shoppers". 2:13-cv-02174 dkt 111-9 p13 and dkt 111-10 p9 “also impressed … innovative … packaging New Zealand” but dkt 27-1 p13 "working to eliminate the use of Styrofoam in packing materials [meat, fish polybins] shipped to our Company". Yet 'styrofoam' was not used in EATRIGHT® Kideats™ packaging materials shipped to Whole Foods and stackable buckets (with different lid system to 2:13-cv-02174 dkt 27-12 (distribution tests showed lids more prone to "popping off")) didn't require the additional S30B cardboard "case layers" used in the less robust clam shell packs. See also dkt 27-1 p13 "zero waste (defined by the EPA as a 90% diversion rate [emphasis added] of waste from landfills) in at least 90% of our stores by 2017" but Jun17 pollution-dilution-acquisition included “bullying…internal competitors” (ref: U.S. House Judiciary Digital Markets Report p215-6, 224-6, 228). Where USPTO 78812265 goods "paper..." c/- use by "ERF" of Blenheim, NZ from potato starch packaging trays (code eg 0815) potatoplates.com IP address now "Amazon...Nova"). And non-suicidal self-injury (NSSI) terminology (ref:PMID 35124545 (by McKinley G. et al pub. 29Jan22) table 1) includes 'styrofoam, "sytro" is a term for wounds...("to barcode" means "to self-injure")'.

Inconvenient data 2: “If suppliers are squeezed or bullied … they [will] acquiesce” p115 “Whole Foods Market could … self-distribute and cut the company out … we used to hint periodically … distrust and fear this created” p117 (ref: Conscious Capitalism 21:13-cv-02174 dkt 111-12 also academyforconsciousleadership.com ("Who We Are" May14). Where [WFM's Co-CEO] self-confession “NOT very good at product innovation … 70 to 80 percent of the value … is created by suppliers” (ref: 2:13-cv-02174 dkt 111-12 p5). And dkt 26-1 A.2. “MUST be audited and passed by a third-party auditing firm, Steritech” but “Steritech is NOT an accredited institution” (ref: academia.edu/8539717 p14 by Christin Kumaat). Also “ASINs? … for example, “Monopoly” (ref: 6:19-cv-00388 dkt 1 p42 id 106 case "closed" but 2:13-cv-02174 dkt 64-3 p16-17 did NOT “withdraw…opposition to Whole Foods Market, Inc’s (“WFMI”) motion to dismiss” (16Jul14; 23Oct14)). Where "sets and publishes product standards and codes" (ref: Allied Tube & Conduit Corp. v. Indian Head, Inc., 486 U.S. 492 (1998) "antitrust immunity does NOT apply" (emphasis added).

Inconvenient data 3: Email to counsel on 29Jan14 re: 2:13-cv-02174 dkt 7 p8 id 11 “ERF raised no objection” but but but “Sep’11 WFM buys ANDI, Christchurch earthquakes displaces…”. Where Christchurch Press page A22 Businessday Wednesday 16Mar11 with LHS photo of EATRIGHT® 6pk Gingernuts includes the "meat in a sandwich between stressed purchasers and stressed sellers" (n/a archive.org) and heart-breaking 13Jun11. Also Professor John Uff [QC, Emeritus Professor of Engineering Law, Kings College, London] ethical duties of engineers arising from the 2 major disasters in New Zealand…Christchurch earthquakes and subsequent after-shocks, and…Pike River coal mine explosion (but 2:13-cv-02174 dkt 27-1 p20 "mine safety disclosures" [Dodd-Frank Act])…ICANN has proposed new draft of Registrants' Rights and Responsibilities…developed because of the new GTLD program” (ref: ICANN Ombudsman Blog 22Aug13 p44-45). Where dkt 26-7 and ICANN Policy ¶ 4(a)(iii) "Registration and Use in Bad Faith" (icann.org/resources/pages/policy-2012-02-25-en) where adrforum.com/Domaindecisions/1713961 (20Apr17) and "trademark owners cannot reasonably be expected to permanently monitor for every instance of potential trademark abuse, nor to instantaneously enforce each such instance they may become aware of" (ref: eg ICANN submission 18Apr22 and corrected CIrcleID Article, "A Re-Examination of the Defense of Laches After 18 Years of the UDRP" 18Jan18). Where "principals are liable when their agents act with apparent authority and commit torts analogous to the antitrust violation" (ref: American Soc'y of Mech. Eng'rs v. Hydrolevel, 456 U.S. 556 (1982)) from "importance of public oversight of [single sign-on] SSO processes, and corporate skullduggery" @sandeepvaheesan pub. 21May24).

Inconvenient data 4: Connecting "K" dots also includes The Wolves of K Street: The Secret History of How Big Money Took Over Big Government by Brody and Luke Mullins (pub. 7May24). Where K Street is a location of relevant lobbyist firm K&L Gates.

Inconvenient data 5: USPTO # 73704031 correspondent email Sammi.Tucker@klgates.com
* “Tucker, Darren S” in 78 Antitrust Law Journal 591, 599 footnote 20 (2013) "bargaining power", only “possible significant threat”, “the only competitor they worry about” (ref: Boiling Points by Dechert LLP) also footnote 50 "FTC v. Whole Foods Mkt., 548 F.3d 1028, 1044 (D.C. Cir. 2008)" yet "nobody ever claims that it is about stopping firms from earning too damn much...Profits became the elephant in the room...The cellophane fallacy"^^^^. Where "diversion" (or two versions) in WFM's Vendor Information Portal (VIP) documents “Our purchasing teams need accurate cost information to thoroughly analyze prices and their relationship to profit" (emphasis added), 2:13-cv-02174 dkt 64-3 "no way to determine the percentage...for the salad bar" and nc.portal "VPS" (Vendor Product Submission) Tracking ID 1210 for "● Eatright Kideats Cookies" and "● Eatright Kideats Apricot Cookies" approved!...on-boarding process (15Nov07). VPS differed from "WFM New Item - Nor Cal.XLS" author "Preferred Customer" Eatright Carrot Jam (20Mar07). jam v.t. & i. Squeeze between two surfaces…(Wireless) make (message, instrument) unintelligible by operating elsewhere…n. Squeeze (real j., sl, a real treat) ref: Oxford Dictionary 4th ed.
* “Sammi[e] n. (informal) Sandwich (food)” 2008 TTAB LEXIS 603, *21 p9 TTAB 91202219 dkt 74 p46 re: Dilution

Inconvenient data 5: Of relevance to redacted section 2:13-cv-02174 dkt 64-3 p11 is Romag Fasteners v. Fossil "brief amicus curiae of The American Bar Association" or ABA (dated 19Sep19) where "of counsel" Mr. Wimberly, Pirkey Barber PLLC and "Ms. MARTINEZ" (c/- Judge Martinez and "WFM...Trasition...Martinez SW SDD") "totality of the circumstances". In "Romag Fasteners v. Fossil", the brief of respondent p49 references "Leah Chan Grinvald, Shaming Trademark Bullies, 2011 Wis. L. Rev. 625, 628–629 (2011) p642 "definition of trademark bullying to when these ELEMENTS [emphasis added] are utilized by large corporations against small businesses or individuals", p643 "unreasonable interpretations...when they conduct a cursory assessment" et al. And Supreme Court decision "A plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to an award of profits" (ref: 18-1233). "9th Circuit" 15-35524 dkt 23 brief for the Appellees p3 included Mr. Wimberly and 2:13-cv-02174 dkt 149 dated 28Jan20 but !!!

Bucket with handle; Net weight 10.6oz or 300g; 12 x 0.9oz or 25g cookies	£ 3.50	Quantity
Bucket without handle; Net weight 10.6oz or 300g; 12 x 0.9oz or 25g cookies	£ 3.50	Quantity
Deep etched cookie stamp (2 options)	£ 21.40	Quantity
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