TRADEMARK APPLICATION NO. 78800436 - EVECARE - 1573-91
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`Page 1 of 21
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`
`
`TO:
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`THE I-IIMALAYA DRUG COMPANY (mail@egbert1awoffices.com)
`
`Subject:
`
`TRADEMARK APPLICATION NO. 78800436 - EVECARE - 1573-91
`
`Sent:
`
`3/24/2008 12:43:14 PM
`
`Sent As:
`
`ECOM112@USPTO.GOV
`
`Attachments: Attachment - 1
`
`Attachment - 2
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`Attachment - 3
`Attachment - 4
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`Attachment - 5
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`Attachment - 6
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`Attachment - 7
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`Attachment - 8
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`Attachment - 9
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`Attachment - 10
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`Attachment — 11
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`Attachment - 12
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`Attachment — 13
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`Attachment - 14
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`Attachment — 15
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`Attachment - 16
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`Attachment - 17
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`SERIAL NO:
`
`78/800436
`
`MARK:EVECARE
`
`CORRESPONDENT ADDRESS:
`JOHN S. EGBERT
`412 MAIN STREET
`7TH FLOOR
`HOUSTON, TX 77002-1838
`
`APPLICANT:
`COMPANY
`
`THE HIMALAYA DRUG
`
`CORRESPONDENT’S REFERENCE/DOCKET .
`NO 2
`
`1573-91
`
`CORRESPONDENT E-MAIL ADDRESS:
`‘ mai1@egbertlawofl1ces.com
`
`ORIVIATION2
`GENERAL TRADEMARK
`http://www.uspt0.gov/main/trademarkslltm
`
`RE QUEST FOR RE CONSIDERATION DENIED
`
`file ://\\ticrs-ais-O1\ticrsexport\HtmlToTifi‘Input\REC00012008_04_0 l_09_19_46_'ITABO8...
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`4/1/2008
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`

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`TRADEMARK APPLICATION NO. 78800436 - EVECARE - 1573-91
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`Page 2 of 21
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`ISSUE/MAILING DATE: 3/24/2008
`
`Applicant is requesting reconsideration of a final refusal issued/mailed September 4, 2008.
`
`After careful consideration of the law and facts of the case, the examining attorney must deny the request
`for reconsideration and adhere to the final action as written since no new facts or reasons have been
`
`presented that are significant and compelling with regard to the point at issue.
`
`In applicant’s request for reconsideration, applicant argued that the channels of trade for the goods of the
`parties are different and that the marks are different. Regarding the channels of trade, applicant argued
`that the evidence presented by the examining attorney, both third party registrations and internet
`evidence, is unpersuasive. Applicant is reminded that third party registrations have probative value to the
`extent that they serve to suggest that the goods and/or services listed therein are of a kind that may
`emanate from a single source. See In re Infinity.Br0ad. Corp., 60 USPQ2d 1214, 1217-1218 (TTAB
`2001); In re/llbert Trostel & Sons C0., 29 USPQ2d 1783, 1785-86 (TTAB 1993); In re Mucky Duck
`Mustard Co., Inc., 6 USPQ2d 1467, 1470 at n.6 (TTAB 1988). Regarding the examiner’s use of intemet
`evidence, printouts of articles downloaded from the Internet are admissible as evidence of information
`available to the general public. TMEP §710.01(b).
`In re Total Quality Group Inc., 51 USPQ2d 1474,
`1475-76 (TTAB 1999); Raccioppi v. Apogee Inc., 47 USPQ2d 1368, 1370-1 (TTAB 1998). The weight
`of both the third party registrations and the intemet evidence provided in previous actions demonstrates
`that goods such as applicant’s nutritional supplements and registrant’s body and beauty care cosmetics
`may emanate from the same sources and often appear in the same channels of trade. On this point,
`attached this action are additional articles taken from the intemet. Please see attachments from
`htt
`://64.233.169.104/search? =cache:M ZFYf08nwJ:sec.ed ar-
`
`
`online.c0n1/2000/02/28/ 16/0000738330-00-OOOOOUSecti0n2.asp+cosrnetics+%
`22nutritiona1+g1pp1ement%22&hl=en&ct=clnk&cd=5&gl:us, l_1t_tpi/64. 233. 169. 104/search?
`gfcache:Aa99h tooWwJ:www.ediblenature.corrr/+cosmetics+%22nutritional+supplement%
`22 &hl=en&ct=clnk&cd=8&gl=us, http://wwwnpicenter.com/anm/templates/newsATemp. aspx?
`articleid=l 0529&zoneid=3 7, http://64.233169. 104/search?
`g=cache 2 Y_rjalvRhBrEJ:www. smarter.com/health-beauty[cl--ch-39.html+cosmetics+%
`22nutritional+suQp1ements%22&hl=en&ct=clnk&cd=1 &g1=us, ht_tp_://64. 233. 169. 1 O4/search?
`
`=cache:Y 'a.lvRhBrEJ:www.smartencom/health-beau /cl--ch-39.htrnl+cosmetics+%
`22nutn'tional+suQplements%22&hl=en&ct=c1nk&cd=1&gl=us, and evidence attached at the end of this
`action from Lex1'sNexr's ®. This evidence demonstrates that more and more producers of cosmetics are
`entering the nutritional supplement market as are more and more producers of nutritional supplements
`entering the cosmetics market.
`Indeed, as the previous and currently attached evidence demonstrates,
`nutritional supplements used for cosmetic purposes and cosmetics themselves are sold in the same
`charmels oftrade and/or are often produced by the same manufacturers.
`In fact, as the evidence
`demonstrates, the channel of trade is often referred as “health and beauty.” As applicant has not narrowed
`its broad identification in anyway, the trademark examining attorney must rely on the registration as
`written. Thus, “nutritional supplements” encompasses the types of supplements sold in the same charmels
`of trade as cosmetics.
`
`Applicant argues that currently, the registrant does not provide nutritional supplements. As established,
`such goods are within the natural zone of expansion for the registrant. Any goods or services in the
`registrant’s normal fields of expansion must also be considered in order to determine whether the
`registrant’s goods or services are related to the applicant’s identified goods or services for purposes of
`analysis under Section 2(d). In re General Motors Corp., 196 USPQ 574 (TTAB 1977). The test is
`whether purchasers would believe the product or service is within the registrant’s logical zone of
`
`file://\\ticrs-ais-01\ticrsexport\HtmlToTiffInput\REC000l2008_O4_0l_09_19_46_'ITAB08...
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`TRADEMARK APPLICATION NO. 78800436 — EVECARE - 1573-91
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`Page 3 of 21
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`expansion. CPG Prods. Corp. v. Perceptual Play, Inc., 221 USPQ 88 (TTAB 1983); TMEP §1207.0l(a)
`(V).
`
`Finally, turning to the comparison of the marks, the question is not whether people will confuse the
`. marks, but whether the marks will confuse people into believing that the goods they identify come from
`the same source. In re WestPoini—Pepperell, Inc., 468 F.2d 200, 175 USPQ 558 (C.C.P.A. 1972). For
`that reason, the test of likelihood of confusion is not whether the marks can be distinguished when
`subjected to a side-by-side comparison. The question is whether the marks create the same overall
`impression. Recot, Inc. v. M.C. Becton, 214 F.2d 1322, 54 USPQ2d 1894, 1890 (Fed. Cir. 2000)‘, Visual
`Information Inst, Inc. v. Vicon Indus. Inc., 209 USPQ 179 (TTAB 1980). The focus is on the
`recollection of the average purchaser who normally retains a general rather than specific impression of
`trademarks. Chemetron Corp. v. Morris Coupling & Clamp Co., 203 USPQ 537 (TTAB 1979); Sealed
`Air Corp. v. Scott Paper Co., 190 USPQ 106 (TTAB 1975); TMEP §1207.01(b). Since applicant is
`seeking registration in standard characters, it may present its mark in a fashion similar to that of the
`registrant. Even if applicant does not present its mark in a fashion similar to that of the registrant, the
`wording in the marks is identical. The literal portions are generally the dominant and most significant
`features of marks because consumers will call for the goods or services in the marketplace by that
`portion. In re Appetito Provisions Co., 3 USPQ2d 1553 (TTAB 1987); In re Drug Research Reports,
`Inc., 200 USPQ 554 (TTAB 1978). For this reason, greater weight is often given to the literal portions of
`marks in determining whether there is a likelihood of confusion. TMEP §1207.0l(c)(ii).
`
`Accordingly, applicant’s request for reconsideration is denied. The time for appeal runs from the date the
`final action was issued/mailed. 37 C.F.R. Section 2.64(b); TMEP Section 715.03(c). If applicant has
`already filed a timely notice of appeal, the application will be forwarded to the Trademark Trial and
`Appeal Board (TTAB).
`
`/mdi/
`
`Marilyn D. Izzi
`Trademark Examining Attorney
`Law Office 112
`
`(571)270-1523 (phone)
`(571) 270-2523 (fax)
`<http://www.uspto. gov/teas/index.html> (file responses)
`marilyn.izzi@uspto.gov (submit questions only)
`
`STATUS CHECK: Check the status of the application at least once every six months from the initial
`filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system
`at . When conducting an online status check, print and maintain a copy ofthe
`complete TARR screen. If the status of your application has not changed for more than six months,
`please contact the assigned examining attorney.
`
`file://\\ticrs—ais—01\ticrsexport\HtmlToTifi‘Input\REC000 12008_04_0 l_09_19_46__TTABO 8...
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`TRADEMARK APPLICATION NO. 78800436 — EVECARE - 1573-91
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`Page 4 of 21
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`Evidence from LexisNwcis ®
`
`lO8B8C
`
`Time of Request: Monday, March 24, 2008 12:36:16 EST
`Client ID/Project Name:
`Number of Lines: 581
`Job Number:
`1842:8289 l 589
`
`Research Information
`
`Service: Terms and Connectors Search
`
`Print Request: Selected Document(s): 10,21,35,43,47,57,71,88
`Source: News, All (English, Full Text)
`Search Terms: cosmetics and supplements and date geq (02/24/2008)
`
`Send to: IZZI, MARILYN
`TRADEMARK LAW LIBRARY
`600 DULANY ST
`
`ALEXANDRIA, VA 22314-5790
`
`10 of 371 DOCUMENTS
`
`Copyright 2008 The Times-Picayune Publishing Company
`Times-Picayune (New Orleans)
`
`March 23, 2008 Sunday
`
`SECTION: LIVING; Pg. 18
`
`LENGTH: 767 words I
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`HEADLINE: Cosmetic treatments include supplements
`
`BYLINE: By Evelyn Theiss, Newhouse News Service
`
`BODY:
`
`Having great skin just got another wrinkle.
`
`Cosmetic treatments are no longer just about creams and emollients -- the latest trend is about
`working from the inside out. The latest thing is "ingestibles," supplements such as omega-3 oils, alpha
`lipoic acid, grape seed, pomegranate extract and many other nutritional-sounding words you never used
`to hear at the cosmetics counter.
`
`While supplements have long been a staple at health-food stores, many credit Nicholas Penicone, the
`New York dermatologist-to-the-stars, as fueling the beauty-biz trend with his best-selling books, such as
`_"The Perricone Prescription." He recommends eating a lot of salmon, among other foods high in omega-3
`oils. Perricone‘s line of supplements is sold at stores such as Sephora; a multipack is $130.
`
`Here's a closer look at beauty ingestibles, which hope to capture a significant share of the $45-billion-
`a-year cosmetic and skin care market.
`
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`Page 5 of 21
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`The science: Since skin is our body's largest organ, it reflects our health. So, as Harvard.-trained
`dermatologist and cosmetic surgeon Carolyn Jacob says, "Your skin reflects what's happening on the.
`inside. The creams and lotions and potions you put on top of your face mean nothing if you're not eating
`well.‘'
`
`Other surgeons agree. At her clinic in Pepper Pike, Ohio, Dr. Lu Jean Feng counsels patients to
`eliminate refined sugar and flour products from their diet before she performs surgery -- and to keep
`those foods out of their diet if they want their skin to remain youthful-looking.
`
`Foods with antioxidants as well as foods with anti-inflammatory properties are the key to preserving a
`youthful appearance, says Jacob. Refined sugar and flour and trans-fats are all examples of inflammatory
`foods.
`
`"Inflammation and oxidation can both assist in the breakdown of tissue and cell destruction, leading
`to wrinkles and other skin problems."
`
`The foods: A sampling of books by doctors, dermatologists and dietitians (including such respected
`names as Dr. Andrew Weil, Dr. Michael Roizen and Dr. Mehmet Oz, with their new best seller "You:
`Staying Young") lists some of the top antioxidant foods as acai berries, celery hearts, onions, spinach,
`kale, cocoa beans, blueberries, cranberries, kidney beans, red beans and hazelnuts.
`
`Some of the foods high in anti-inflammatory properties are lemons, salmon, seaweed, green tea, flax
`seed oil, cinnamon, ginger, raw almonds, walnuts and the spice turmeric.
`
`Foods to avoid: refined carbs, sugar, hydrogenated fats -- no surprise.
`
`So why add supplements? Doctors and nutritionists say even people who make a point of eating a
`diet rich in healthy, unprocessed foods don't get all the nutrients they need. Whether it's food processing,
`a time lag from harvesting to getting produce to the table, or the enviromnent we live in, doctors say it's
`easy to miss out on vitamins. Vitamins and supplements, write 02 and Roizen, "are an insurance policy
`for an imperfect diet."
`
`Some ingredients that have been proven to help with skin include alpha lipoic acid, pine bark extract,
`grape seed extract, omega-3 fatty acids, vitamins A, C, E, D, calcium, magnesium, copper, selenium and
`biotin, Jacob says. You can find all ofthem in the vitamin and supplement aisle of grocery and drug-
`stores and health food stores.
`
`Do ingestibles work? Medical experts seem to agree that supplements aren't harmful in
`recommended doses. But do they actually work?
`
`"We know that things we ingest can have a positive or negative effect on our bodies and skin, and
`antioxidants or anti-inflammatory foods have a positive effect," says Dr. Michael Reep, a dermatologist
`with Associates in Dermatology in Westlake, Ohio. "But supplements per se haven't thoroughly been
`studied, so we don't know if they'd have the same effect. The FDA hasn't examined this, we don't know
`exactly what's in the supplements and so on.
`
`"Theoretically, they might help, but for now you have to keep it as theoretical."
`
`That said, Reep himself buys supplements that he thinks are good for his skin, but he gets them at
`GNC: CoenzymeQl0, green tea and grape seed extract, and vitamins C and E.
`
`"If people want to spend the extra money on supplements, they can do that," he says.
`What's out there? Dozens of new ingestible lines are on the market, ranging widely in price. On the
`lower end, Target offers a range from the British-based Boots Chemists, designed to cleanse, purify and
`revive the body; it's $19.99 for a five-day supply.
`
`The Penicone line costs $130 for a 30-day supply. The Dr. Murad line, also available at Sephora,
`offers a supplement formula that costs $125 for a one-month supply.
`
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`LOAD—DATE: March 23, 2008
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`21 of 371 DOCUMENTS
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`Copyright 2008 Inside Washington Publishers
`All Rights Reserved
`FDA Week
`
`IE1; 21, 2008
`
`SECTION: Vol. 14 No. 12
`
`LENGTH: 950 words
`
`HEADLINE: FDAAA PROVISION MIGHT SLOW DIETARY INGREDIENT DEVELOPMENT
`
`BODY:
`
`Some conventional food and dietary supplement makers are struggling to interpret a provision in the
`FDA Amendments Act that could hurt the development of functional food and dietary ingredients,
`sources say. But large supplement trade groups say they don't think the regulation prohibiting drugs in
`foods will have any effect on ingredient development.
`
`Sources representing companies that make food ingredients say FDA plans a fixture public meeting to
`make sense of the provision.
`
`FDA spokesman Sebastian Cianci declined to say whether a public meeting is plarmed. He says the
`agency is “currently reviewing the language of the provision in order to properly interpret and implement
`it."
`
`Section 912 stipulates that no drug ingredients can be used in food, with several exceptions. The law
`prohibits the introduction into interstate commerce of food that has, as an ingredient, a drug or biologic
`that is either already on the market or for which substantial clinical investigations have begun and their
`existence has been made public.
`
`A source familiar with the issue says a basic problem lies in the tenn "substantial" clinical
`investigation.
`
`"For new food ingredients, the trend has been to encourage the use of human studies as part of data
`demonstrating safety," the source says. But the provision pushes companies away from clinical trials, or
`at least requires that they exercise great care in the design of such trials so that their human studies don't
`make it appear as ifthe food ingredient is a drug, the source says.
`'
`
`The source says companies are halting publication of clinical studies on food ingredients for fear of
`triggering section 912, and they are taking a hard look at what published studies could affect food
`ingredient development.
`«
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`There are four exceptions to the rule that have befuddled industry.
`
`The third exception is most problematic, sources say. It applies if an ingredient is "used to enhance
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`TRADEMARK APPLICATION NO. 78800436 - EVECARE — 1573-91
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`Page 7 of 21
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`the safety of the food and not to have an independent biological or therapeutic effect in humans,"
`provided the use aligns with any of the following: a food additive regulation listing; "a regulation listing
`or afiirming conditions under which the use ofthe drug or biological product in food is generally .
`_
`recognized as safe (GRAS)"; "the conditions of use identified in a notification to the Secretary claiming
`exemption from food additive premarket approval requirements based on the notifier's determination,
`which has not been questioned by the Secretary, that the use is generally recognized as safe (GRAS); an
`effective food contact substance notification; or the drug or biologic was marketed for smoking cessation
`prior to FDAAA's enactment.
`
`These exceptions are "giving folks heartbum," a source says. Does enhancing the safety of a food
`only mean the addition of antimicrobials, the source asks. Industry also doesn't understand what it means
`to not have an independent or therapeutic effect, as all food has a biological effect, the source says.
`
`As to the applicability of the exception to GRAS notices for which FDA issues a "no-questions"
`letter, the statutory provision doesn't take into account that a company does not have to submit a notice to
`FDA claiming that its ingredient is GRAS, the source says. Ifa company does submit a GRAS notice to
`FDA, it runs the risk of having to wait 180 days for an FDA response.
`
`There is no exception for self-determined GRAS substances, the source says.
`
`The first, second and fourth exceptions are relatively straightforward, sources say.
`
`These exceptions are for any drug or biologic marketed in food before approval under the Food, Drug
`and Cosmetic Act or Public Health Service Act and before clinical investigations began; when the
`Secretary has issued a regulation approving the drug or biologic in food; and when the drug is a new
`animal drug whose use is not unsafe.
`
`Trade groups that represent dietary supplement makers, such as the Council for Responsible
`Nutrition and the American Herbal Products Association, say they don't see drug ingredients in food as a
`considerable problem.
`
`They say the regulation clarifies supplement law in which a substance under investigation as a drug
`is prohibited from being sold as a supplement.
`
`‘'1 don't know if I see a lot of ambiguity here," said AHPA counsel Anthony Young. He said there are
`some terms that are unclear but most of the provision is not. "It looks like the use of a drug in a food is
`very tightly controlled."
`
`Daniel Fabricant, vice president ofthe Natual Products Association, says there could be ingredient
`cross-over, such as caffeine in food and in drugs, but such cases are not the norm. He also says the
`provision's exceptions should not pose too much hassle for developing ingredients.
`Other sources say lawmakers could be trying to avoid a repeat scenario of red yeast rice
`supplements. FDA sent warning letters last August to makers of several red yeast rice products marketed
`as supplements, charging that the products contain levels of a cholesterol-lowering ingredient only
`permitted in FDA-approved drugs (see FDA Week, Aug. 21, 2007).
`
`"It looks as if 912 was intended to close what some would say is a loophole [in current law]- for
`someone to take a substance that is a drug or under investigation as a drug and market it in conventional
`foods," a source says.
`
`The measure was included as part of a large amendment. A spokesperson for Rep. Gene Green (D-
`TX), who helped write FDAAA, stated in an e-mail that the provision is important.
`
`"The experience of the last few months has shown the need for this provision," the e-mail states.
`"Consumers and distributors need to know the actual ingredients that are in their food, especially as it
`relates to children."
`
`LOAD-DATE: March 21, 2008
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`I
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`35 of 371 DOCUMENTS
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`Copyright 2008 Business Wire, Inc.
`Business Wire
`
`March 19, 2008 Wednesday 2:25 PM GMT
`
`DISTRIBUTION: Business Editors; Food/Beverage Editors
`
`LENGTH: 658 words
`
`HEADLINE: Natural Products Expo West/SupplyExpo 2008 Continues Upward Climb with Record
`Attendance
`
`DATELINE: BOULDER, Colo.
`
`BODY:
`
`More than 52,000 retailers, manufacturers, and industry professionals attended the country's largest
`natural, organic, and healthy products trade show, Natural Products Expo West/Supply Expo 2008
`(www.expowest.com), an increase of 11 percent over last year's attendance. In its 28th year, Natural
`Products Expo West/Supply Expo, produced by New Hope Natural Media, a division of Penton Media,
`attracted a record 3,392 exhibits to the Anaheim Convention Center in Calif.
`
`Keynote speaker, The New York Times best-selling author, Michael Pollan told a capacity crowd to
`think about "not just what is in our food but how we enjoy our food," and reminded the audience that
`shopping is part of the pleasure of food.
`
`The $57 billion dollar natural and organic products industry continues to enjoy brisk sales with strong
`growth in certified organic meat and seafood, beer and wine, pet products, herbs and botanicals, and
`personal care, according to The Natural Foods Merchandisers 2007 Market Overview. Innovation
`continues in this marketplace with new biodegradable goods, from housewares and home cleaning
`products, to certified fair trade products and organic fiber fashions and bedding.
`"Each year, Natural Products Expo West gives a sneak peek into what the public will find in
`America's stores tomorrow," said Fred Linder, president of New Hope Natural Media. "This year, more
`buyers from the full retail spectrum-from supermarkets, pharmacies, club and convenience stores to
`independent co-ops and ethnic markets-saw more products than ever before."
`
`Based on new product trends discovered at Natural Products Expo West!Supply Expo, shoppers will
`soon see thousands of new healthy products from the following categories in their neighborhood markets:
`
`Gluten—Free: breads, brownies, cereals, pastas, and snack foods
`Certified Fair Trade: personal care products, rice, teas, chocolate, snacks, coffee
`Whole and Sprouted Grains: pizza, kid snacks, nutrition bars, dinner rolls, desserts
`Healthy Omega-3 Fats: capsules and culinary oils to breakfast and dinner foods
`Reusable Shopping Bags: certified organic, hemp, recycled materials and biodegradable
`Pre— and Pro-biotics: from vitamin supplement capsules to yogurt snacks, drinks and bars
`
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`Natural and Organic Personal Care: men's and women's skincare, shea butter products,
`mineral cosmetics
`
`Exotic 'Superfruit' Ingredients and Flavors: mangosteen, goji berry, yum berry, acai, yerba
`mate
`
`Healthy Kid-sized Foods: drinks, snacks and everything in-between
`
`New Hope Natural Media (www.newhope.com), a division of Penton Media, Inc., is the leading
`media resource and information provider for the natural, organic and healthy products industry with print,
`ir1-person/event, and e-business products and services. New Hope also produces Natural Products Expo
`East/Organic Products Expo-BioFach America (www.expoeast.com), Natural Products Expo Asia
`(wwwnaturalproductsasia.com), the NBJ Summit (wwwnbjsummitcom), the Organic Summit
`(www.theorganicsummit.com), and the Healthy Foods Conference (wwwhealthyfoodsconference.com).
`In June 2008, New Hope Natural Media and Supermarket News will launch the Healthy Foods
`International Exposition and Conference (www.healthyfoodsintl.com) in Dallas, TX.
`
`Penton Media, Inc. is the largest independent business-to-business media company in the U.S.,
`serving more than six million business professionals every month. The company's market-leading brands
`are focused on 30 industries and include 113 trade magazines, 145 Web sites, 150 industry trade shows
`and conferences, and more than 500 information data products. Headquartered in New York'City, the
`privately held company is owned by MidOcean Partners and U.S. Equity Partners II, an investment fund
`sponsored by Wasserstein & Co., LP, and its coinvestors. For additional information on the company and
`its businesses, visitwww.penton.com.
`
`CONTACT: The Fresh Ideas Group
`Kuvy Ax, 303-449-2108, ext. 14
`kuvy@freshideasgroup.com
`
`URL: http://www.businesswire.com
`
`LOAD-DATE: March 20, 2008
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`43 of 371 DOCUMENTS
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`Copyright 2008 The News Journal (Wilmington, DE)
`All Rights Reserved
`The News Journal (Wilmington, Delaware)
`
`March 18, 2008 Tuesday
`Final Edition
`
`SECTION: LIFE; Pg. 1E
`
`LENGTH: 1102 words
`
`HEADLINE: A SNACK for the SKIN
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`TRADEMARK APPLICATION NO. 78800436 - EVECARE - 1573-91
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`Page 10 of 21
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`BYLINE: SHRUTI L. MATHUR
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`BODY:
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`The News Journal
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`For Jean Halter of Odessa, a facial is the ultimate way to pamper yourself. Make it a chocolate facial,
`and we're talking stairway-to-heaven stuff for the self-confessed chocoholic;
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`"I don't even now how to describe it," Halter says of the facial she received at the La Dolce Vita Spa
`for Wellness in Middletown. "It was very relaxing, number one, and smelled scrumptious. It was a really
`neat experience, and I'm going to ask for another one."
`
`Her food-infused beauty treat is just one of many culinary-influenced products and services flooding
`the market.
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`Generations ago, beauty care often consisted of mashing food at home and slathering it on, in the
`hope of creating tighter skin or shinier hair. Now beauty products and venues are commercializing that
`idea, incorporating fruits, vegetables and even chocolate and wine.
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`In Minneapolis, Minn., as Horst Rechelbacher, founder of Intelligent Nutrients, works on his new
`cosmetics line, he occasionally pours some of his ingredients into a glass, tops it with mineral water and
`drinks it.
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`This isn't a case of Dr. Jekyll trying his strange brews on himself. Rechelbacher uses organic, high-
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`grade food in his line that includes cosmetics hair care and soaps.
`'
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`Rechelbacher's line is the pinnacle of beauty's return to the basics, because all of the ingredients
`contain no chemicals or artificial preservatives. What is more commonly found around Delaware are spas
`offering treatments with food mixed in.
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`"It's as healthy for the skin outside as it is inside," said Chris Sateriale, owner of La Dolce Vita, which
`offers chocolate facials and scrubs as well as fruit masks and peels. "I think it's because people are
`realizing that the enzymes and the benefits you can get from fruits and vegetables are very good and very
`healthy for the rejuvenation of the skin."
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`It's a trend, Rechelbacher said,‘but a trend driven by knowledge.
`
`"We are constantly educating ourselves," he said. "We are getting smarter."
`
`and right now it's swinging in the direction of going back to
`"I think that the pendulum just swings
`the basics of skin care," said Devon Tucker, owner of Covet Spa in Greenville.
`
`'
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`Margie Hartnett, owner of Visions Hair Design, an Aveda concept salon located on Concord Pike
`which carries Intelligent Nutrients products, believes people are becoming more health-oriented.
`"We're more vain, so if it's proven, we want to be younger and act younger," Hartnett said.
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`Antioxidants are the buzzword in food and beauty for their anti-aging benefits. Thus, food products
`high in antioxidants, such as dark chocolate, wine, fruits, vegetables and teas, also are popular inbeauty
`products.
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`Vitamins such as C and E and enzymes found in foods like pumpkins, avocados and papayas give a
`kick to your skin, Hartnett said.
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`"Your body will absorb anything you put on your skin unless it is too big, in which case it will block
`your pores," said Hartnett.
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`"If you want your hair, body and skin to look better, you have to start from within," said Hartnett.
`"You can use good hair conditioners or whatever, but if you're not eating properly, it won't help."
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`Rechelbacher said he decided to research organic cosmetics after learning about how quickly the
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`TRADEMARK APPLICATION NO. 78800436 4 EVECARE — 1573 -91
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`body absorbs toxins through the skin and how long those unnatural products take to get out of the
`human system.
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`"I started looking at nurturing the body from the inside and the outside," said Rechelbacher.
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`A handful of Intelligent Nutrients’ supplements is available, but a filll line of products -- including
`hair care, makeup, pet-care products, personal lubricants and maternity products -- will be launched this
`fall, said Rechelbacher, who plans to open stores in Manhattan and Minnesota's Mall of America.
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`Rechelbacher said 98 percent of the ingredients in his line are "high-nutritional" substances, with the
`remaining 2 percent made up of water.
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`Rather than use mineral water as a base for his cleansers, Rechelbacher uses fruit juices. Hairspray
`retains its stickiness through water-soluble, food-grade gum resins used to harden candies. Kale extracts
`provide the foaming action in shampoos and soaps. Even the preservatives for the perishable ingredients
`are all natural.
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`"We're not encouraging people to start eating our products," said Rechelbacher. "If you have nothing
`else to eat, you can survive. It's not going to taste good, but it will smell good."
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`La Dolce Vita offers such services as a chocolate facial and a chocolate body scrub. The facials --
`which include chocolate yogurt and pumpkin -- sell for $60.
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`Chocolate is useful in beauty treatments because its cafieine stimulates the metabolism. And it smells
`great, Sateriale said.
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`"When you smell chocolate," said Sateriale, "it releases serotonin in the brain and it causes a
`sensation that is a positive association."
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`Katie Parker, 35, of Middletown, a mother of four, says she's heard ofthe antioxidant benefits of
`chocolate body treatments, but also just loves the idea of having food smeared all over herself.
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`She wants to go back to being as all-natural as possible, especially after recently hearing about toxins
`in lipstick and realizing she should know what is in her beauty products before she puts them on her face.
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`_ Sateriale brews her own products, such as pumpkin peels and fruit scrubs with mango and sugarcane.
`However, she probably wouldn't take a bite out of-those products because they are mixed with chemicals,
`she says.
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`Fred Mazzeo, merchandise manager for Dogfish Head Brewery, definitely would not take a bite of
`their beer soap.
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`'
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`"Well, we put lye into it, and I can't see myself eating lye," Mazzeo said.
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`The exfoliating soap, made ofthe same grain that makes Dogfish Head's beer tasty, grew out of an
`idea of "what else can we make with beer," said Mazzeo, who also experimented with ice cream and
`vinegar. He markets shampoo bars along with the soaps, which sell for $9.50 each.
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`"Beer is great for the hair," Mazzeo said, noting a local salon pours brews over heads as a
`conditioning treatment. "I prefer to drink it rather than pour it on my head." The soap is scented like
`eucalyptus, so you won't smell like a pub floor.
`A
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`At Covet Spa, the services sound like you've landed in an ice cream shop, with Cherries Jubilee and
`Pumpkin on the menu.
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`Tucker said she did a lot ofresearch before creating a mask using unsweetened cocoa powder and
`cinnamon mixed with the hydrating mineral mask and aloe Vera gel from the Epicurean skin line she
`carries. Both the Cherries Jubilee and Pumpkin peel and mask cost $109.
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`"My philosophy is to get back to the root of good skin care while stayingat the leading edge of
`technology," Tucker said.
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