Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1960 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 09/20/2020)
`
`Request for Reconsideration after Final Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`ARGUMENT(S)
`
`The table below presents the data as entered.
`
`Entered
`
`87528703
`
`LAW OFFICE 115
`
`https://tmng-al.uspto.gov/resting2/api/img/87528703/large
`
`PERFORMANCE
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`This is in response to the Office Action dated September 24, 2018, regarding Applicant’s trademark application of PERFORMANCE for
`“ Energy bars; energy chews; energy gummy; effervescent tablets for making a dietary supplement drink; supplement for boosting energy; supplement
`for boosting the body's production of nitric oxide; joint protection supplement; supplement for body fat reduction; powdered creatine; creatine
`
`capsules; creatine tablets; nutritional candy” in Class 5.   
`
`The Examiner has refused registration of Applicant’s mark alleging that PERFORMANCE is merely descriptive under 15 U.S.C. §1052(e)(1).  
`Applicant respectfully disagrees with the determination that PERFORMANCE merely describes a feature or purpose of Applicant’s goods.   At most,
`
`the mark PERFORMANCE is suggestive in the context of Applicant’s goods.   
`REMARKS
`
`Greater detail is provided below and in the Exhibits, but, briefly, the evidence in the Office action is not sufficient to show that Applicant’s
`mark merely describes the primary feature or purpose of its goods.  Further proving that Applicant’s mark is not descriptive: 1) the Patent and
`Trademark Office has registered marks including PERFORMANCE in Class 5 without a disclaimer; 2) the Patent and Trademark Office’s has
`registered Applicant’s mark for PERFORMANCE for related goods in Class 32 (which relation is shown by the thousands of registrations for goods in
`both Classes 5 and 32); and 3) the Trademark Trial and Appeal Board has found in many decisions that even more suggestive marks were not merely
`descriptive.  In more detail:
`
`1.        
`
`The Examiner has not shown that Applicant's mark is primarily merely descriptive
`
`The evidence attached to the Office action consists of several web pages that include definitions of “performance,” and screenshots of various
`online retailers showing use of “performance” in text.
`
`A.
`
`B.
`
`C.
`
`Regarding the definitions presented by the Examiner - Applicant notes that none of the definitions of “performance” indicate that Applicant’s
`goods are called “performance.”  
`Marks that include PERFORMANCE have been recently and routinely registered without the requirement to disclaim PERFORMANCE on
`descriptiveness grounds (Exhibit A).
`With regard to webpages in which the word “performance” appears - Applicant notes that the use of “performance” is not as a name for any
`goods.
`
`The evidence attached to the Office action does not make a prima facie case that Applicant's mark is primarily merely descriptive.  Indeed, as
`detailed below, far more evidence indicates that Applicant’s mark should not be considered primarily descriptive.
`
`2.        
`
`There are numerous recent registrations for PERFORMANCE formative marks in Class 5 where PERFORMANCE was not considered
`sufficiently descriptive to require a disclaimer of the term in the respective formatives
`
`            
`
`           
`
`Applicant submits as Exhibit A the following registrations in Class 5 that were registered within the last 3.5 years without the requirement to
`
` 
` 
` 
` 
` 
` 
`

`

`disclaim the term “performance” within the mark.   This shows that the word “performance” is not descriptive in all contexts.
`
`MARK
`
`REGISTRATION
`
`GET
`PERFORMANCE
`
`5272028,
`registered
`August 22, 2017
`
`CLASS /
`GOODS
`5 - Dietary
`and
`nutritional
`supplements
`for endurance
`sports;
`Dietary and
`nutritional
`supplements
`used for
`weight loss;
`Dietary and
`nutritional
`supplements
`used for
`weight gain;
`Health food
`supplements
`and mineral
`food
`supplements
`for promoting
`health and
`well-being;
`Herbal
`supplements
`for the
`promotion of
`healthy liver
`function and
`detoxification;
`Liquid
`nutritional
`supplements
`for human
`use, namely,
`liquid
`nutritional
`supplements
`for general
`health and
`well-being;
`Liquid
`vitamin
`supplements;
`Powdered
`nutritional
`supplement
`concentrate,
`namely, whey
`protein for use
`as a
`nutritional
`supplement in
`various
`powdered
`ready-to-drink
`beverages;
`Protein
`dietary
`supplements;
`Protein
`supplement
`shakes;
`
` 
`

`

`Protein
`supplements
`for muscle
`growth and
`recovery;
`vitamin and
`mineral
`supplements;
`Vitamin
`supplements.
`5 - Dietary
`supplements
`in the form of
`chewable
`tablets for
`boosting
`physical
`energy,
`physical
`stamina,
`physical
`recovery,
`concentration
`and mental
`arousal and
`sleep; Natural
`health
`products and
`nutritional
`and dietary
`supplements,
`namely,
`dietary
`supplements
`for general
`health and
`well- being,
`relaxation,
`sleep, energy,
`focus,
`memory,
`concentration,
`physical and
`mental
`performance;
`Vitamin and
`mineral
`supplements;
`dietary
`supplements
`providing
`antioxidants.
`5 - Dietary
`supplements;
`Protein
`supplements;
`Nutritional
`supplements;
`Nutritional
`drink mix
`supplements;
`Nutritional
`supplement
`drink mix for
`use as meal
`replacement.
`5 - Dietary
`and
`
`PERFORMANCE
`ON DEMAND
`
`5111325,
`registered
`December 27,
`2016
`
`PERFORMANCE
`INSPIRED
`
`5051452,
`registered
`September 27,
`2016
`
`SCIENCE
`DRIVEN.
`
`4679156,
`registered
`
`

`

`PERFORMANCE
`PROVEN.
`
`January 27, 2015
`
`PERFORMANCE
`INSPIRED
`
`BECAUSE
`PERFORMANCE
`MATTERS
`
`OPTIMUM
`PERFORMANCE
`
`5433754,
`registered
`  March 27, 2018
`5167055,
`registered
`March 21, 2017
`
`4842942,
`registered
`October 27, 2015
`
`nutritional
`supplements
`for endurance
`sports;
`Dietary
`supplemental
`drinks;
`Dietary
`supplemental
`drinks in the
`nature of
`vitamin and
`mineral
`beverages;
`Powdered
`nutritional
`supplement
`drink mix;
`Powdered
`nutritional
`supplement
`drink mix and
`concentrate;
`Protein
`dietary
`supplements;
`Protein
`supplements;
`Whey protein
`supplements.
`5 – Vitamins.
`
`5 - Dietary
`and
`nutritional
`supplements.
`5 - Animal
`feed additive
`for use as a
`nutritional
`supplement
`for medical
`purposes;
`Animal feed
`supplements;
`Feed
`supplements
`for horses.
`
`3.        
`
`The goods recited in Applicant’s application for PERFORMANCE are a natural continuation of Applicant’s nutritional product line established
`in 1988 under Applicant’s registrations for PERFORMANCE and SHAKLEE PERFORMANCE
`
`Applicant’s Registration for PERFORMANCE recites “ [p]owdered concentrate for making an electrolytic soft-drink,” a nutritionally
`enhanced food product in class 32.  Applicant’s current application identifies nutritionally enhanced food products in class 5.   The PTO has
`consistently determined that such goods are highly related, as evidenced by the number of active registrations that identify goods in both classes.  As
`can be seen in Exhibit B, there are 2907 of such registrations.  Further, as shown in Exhibit C, “electrolytes” and “creatine” are vital nutrients which
`help support maintenance of the human body’s vital organs and systems.   Both are commonly sold as nutritional supplements and would be known to
`relevant consumers as complements to their nutrition regime.  Applicant actively markets its powdered electrolyte concentrate as a nutritionally
`enhanced product, intended to promote health and endurance, and has done so since the inception of its PERFORMANCE branded products in 1989
`(Exhibit D).  The nutritionally enhanced goods listed in the present application are simply a continuation of its nutritionally enhanced PERFORMANCE
`branded product line, offering nutritional supplements in alternative food mediums such as candy, energy bars, capsules, etc.
`
`The goods provided under Applicant’s PERFORMANCE Registration, and its present application for PERFORMANCE, both include
`nutritionally enriched food products designed to promote health, well-being and endurance of the human body.  The inherent nature of these goods is
`
`the same.[1]  
`
`It follows that the relevant purchaser of Applicant’s goods would view Applicant’s present application for PERFORMANCE as a natural
`
`  
` 
` 
`

`

`extension of Applicant’s existing PERFORMANCE branded nutritional product line.   In fact, Applicant actively markets some of these Class 5
`products as part of its existing PERFORMANCE product line to its consumers.  (Exhibit E).  This provides further evidence of a “strong likelihood that
`the mark’s established trademark function will transfer to these related goods when use in commerce occurs.”   See In Re Rogers, 53 USPQ2d 1741,
`1745 (TTAB 1999).
`4.        
`Applicant’s U.S. Trademark Registration No. 2694345 for PERFORMANCE is “incontestable”, and therefore is relevant in relation to the
`question of descriptiveness in the present application
`
`The Examiner did not give sufficient weight to the fact that Applicant owns U.S. Trademark Registration No. 2694345 for PERFORMANCE
`for nutritionally enhanced products (namely “powdered concentrate for making an electrolytic soft-drink”), which became “incontestable” on March
`18, 2009, and has remained in continuous use ever since.   (Exhibit F).  Although PERFORMANCE was eventually amended to claim acquired
`distinctiveness under section 2(f), this registration can no longer be challenged on descriptiveness grounds. The presumption of distinctiveness that is
`now afforded its registration for PERFORMANCE is probative in this case and was not properly considered in the Examiner’s descriptiveness analysis.
`  In addition, as noted by the Examiner, Applicant owns Registration No. 1576685 for SHAKLEE PERFORMANCE for the same goods, and that
`
`registration did not require a disclaimer of PERFORMANCE.  That no disclaimer was required further shows that the term is not descriptive.  
`
`As the inherent nature of the goods listed in the application for PERFORMANCE and Applicant’s incontestable registration for
`PERFORMANCE is essentially the same, namely, nutritionally enhanced food products, they operate as “functionally equivalent.”   Products offered
`by Applicant under both its PERFORMANCE registration and PERFORMANCE application are part of an integrated product line, which is exclusively
`marketed and sold under Applicant’s PERFORMANCE brand (Exhibit G).   Relevant purchasers, when seeing PERFORMANCE for Applicant’s line
`of products, would consider them as a natural continuation of PERFORMANCE branded nutritionally enhanced food products. Given that Applicant’s
`existing registration and pending application for PERFORMANCE are identical, and cover goods that are functionally equivalent, the Examiner’s
`
`refusal in this case operates as a collateral attack on Applicant’s incontestable registration for PERFORMANCE, which is impermissible.   
`
`This case is analogous to In Re Electro Prod. Labs., Inc., where the Board found that requiring a disclaimer of ELECTRO for electrical goods
`would operate as an impermissible requirement when the applicant owned an incontestable registration for ELECTRO for other electrical goods (only
`some of them were the same).    In Re Electro Prod. Labs., Inc., 156 U.S.P.Q.  (T.T.A.B. 1967)).  Accordingly, Applicant should receive the benefit of
`its incontestable registration for PERFORMANCE and be allowed to register its PERFORMANCE application for its functionally equivalent goods
`
`on the Principal Register.     
`
`5.        
`
`PERFORMANCE is at most suggestive
`
`Applicant respectfully asserts that its mark PERFORMANCE is at most suggestive, not primarily merely descriptive.
`
`The Examiner alleges that Applicant’s PERFORMANCE mark is primarily merely descriptive of “ Energy bars; energy chews; energy
`gummy; effervescent tablets for making a dietary supplement drink; supplement for boosting energy; supplement for boosting the body's production of
`nitric oxide; joint protection supplement; supplement for body fat reduction; powdered creatine; creatine capsules; creatine tablets; nutritional candy”
`because the word “performance” allegedly describes that Applicant’s nutritional supplements are designed for athletic performance enhancement.
`
`  
`However, as in Applicant’s U.S. Trademark Registration Nos. 2694345 for PERFORMANCE (incontestable) and 1576685 for SHAKLEE
`PERFORMANCE (PERFORMANCE not disclaimed), use of PERFORMANCE in the present application is also not merely descriptive.   Rather, it
`requires a consumer to make a mental leap between Shaklee’s goods and the trademark that would not be instantaneous.  “If the mental leap between
`the word and the product's attribute is not almost instantaneous, this strongly indicates suggestiveness, not direct descriptiveness.” Nautilus Grp., Inc. v.
`
`ICON Health Fitness, Inc., 372 F.3d at 1340 (Fed. Cir. 2004).  
`
`As shown in Exhibit H, Applicant’s goods include nutritional and dietary supplements which include ingredients such as protein, electrolytes,
`B vitamins, vitamin D, creatine, nitric oxide, all of which are nutrient components that are vital to the health and well-being of the human body.  In the
`Office action, the Examiner alleges that websites show three products that contain “creatine” as an ingredient whose primary function is allegedly to
`
`enhance athletic performance.  
`
`2.
`
`3.
`
`However, “creatine” is not strictly a performance enhancing substance:  
`Exhibit I provides evidence that creatine is “essential for a range of body functions” including proper muscle function, neurological and
`1.
`cognitive health. 
`The products KLEAN CREATINE and BUCKED UP Creatine, cited by the Examiner in the Office action, both clearly show that the
`performance enhancing statements have not been evaluated by the Food and Drug Administration (Exhibit J). 
`The evidence for BUCKED UP Creatine also states that “Individual results may vary,” as supported in the Examiner’s evidence for
`CREA BEAD, where one reviewer stated the supplement had “no effect on them.” (Exhibit K).  
`The Data Product Sheet for KLEAN CREATINE clearly sets out the role of creatine in health stating: “Since creatine plays other vital
`roles within the musculoskeletal and nervous systems, it is essential for many aspects of health.” It is notable that all the “performance
`enhancing” claims set out in the Data Product Sheet note “these claims have not been evaluated by the Food and Drug Administration,”
`whereas, the claim that creatine plays an essential role in human health, bears no such disclaimer. This further shows that creatine plays
`many important roles in health, and is not primarily a “performance enhancer.” (Exhibit L).   
`
`4.
`
`The present case is similar to In re C. J. Webb, where the TTAB considered whether the BRAKLEEN component of the mark CRC
`BRAKLEEN was merely descriptive of the goods, namely a “[c]hemical composition for cleaning and degreasing automotive brake parts,” and should
`be disclaimed.   In that case the Board reasoned that the phonetically identical words “brake clean” and “brakleen” were only suggestive of a desired
`result of a brake cleaner and held that a disclaimer of BRAKLEEN in the mark was not required.   See In re C. J. Webb, Inc., 182 U.S.P.Q. 63 (T.T.A.B.
`1974).
`
` 
` 
` 
` 
`

`

`Another similar case involved the TTAB’s determination that VERI-CLEEN, which identified “[c]hemical anti-fouling additives for use in
`refineries,” was not descriptive.   In re Nalco Chemical Company, 228 U.S.P.Q. 972 (T.T.A.B. 1986).  Citing the reasoning above for BRAKLEEN, and
`quoting the Board in that case that: “The fact that a term is capable of being analysed does not render said term merely descriptive. Certainly, if a term
`necessitates ‘mature thought,’ then said term must be denominated suggestive rather than ‘merely descriptive,’” the Board went on to state:
`
`We are of the opinion that the term "VERI-CLEAN", as applied to applicant's chemical anti-fouling additives for use in refineries, is
`suggestive of the desired end result of the use of applicant's additives, but does not serve to describe the goods themselves. In re Nalco
`Chemical Company, 228 U.S.P.Q. 972 (TTAB 1986).
`
`Still another similar case is the Court of Customs and Patent Appeal, which overturned the TTAB’s determination that the mark CURV for
`“Permanent wave curling solutions” was merely descriptive of the goods.   The CCPA found that CURV was suggestive, noting:
`
`While it may be granted that CURV’ does suggest a possible result of the intended use of the permanent wave curling solutions, it is
`not merely descriptive of the permanent wave curling solutions or the purpose for which such goods are to be used….
`
`Despite the advertisements cited by the examiner, we do not think the mark CURV’ would convey any definite or immediate meaning
`to a person seeing it or hearing it.   The Realistic Company, 440 F.2d 1393, 169 USPQ 610 (CCPA 1971).
`
`Further still is the TTAB decision in In re Recovery, Inc. where the Board reversed the Examiner’s descriptiveness refusal of RECOVERY for
`“Educational services, namely conducting educational conferences and seminars, and providing instruction and demonstrations, on a method of self-
`help after-care to follow psychiatric or other professional counseling and/or treatment; training and assisting volunteers to conduct educational
`conferences and seminars, and to provide instruction and demonstrations, on said method of self-help after-care; and distributing explanatory written
`materials in connection with the aforesaid services” in Class 41 and “Providing mental health information on activities relating to demonstrations of a
`method of self-help after-care to follow psychiatric or other professional counselling and/or treatment; and assisting in establishing local groups open to
`the public for demonstrations of said method of self-help after-care” in Class 42.   In re Recovery, Inc., 196 U.S.P.Q. 830 (TTAB 1977).
`
`In considering the RECOVERY applicant’s submission that the organization did not directly engage in the process of “recovering” people, but
`rather provided services they hoped would influence recovery within participants, the Board concluded that RECOVERY was suggestive.
`
`The Board reasoned that:
`
`[t]he difficulty in determining the suggestiveness or descriptiveness of a mark is vividly demonstrated in this case.  The term
`  But, to
`“RECOVERY,” when considered in light of applicant’s services appears, at first blush, to possess a descriptive significance.
`articulate the manner in which the term “RECOVERY” describes those services, one cannot come up with an immediate response, but
`rather must engage in a mental process involving imagination, speculation, and possibly stretching the meaning of the word to fit the
`situation.  It is unlikely that the average person would engage in this exercise at the point of contact with this term in the advertising or
`rendering of applicant’s services.   Considering that the term “RECOVERY” is prominently displayed on applicant’s literature in such
`a manner that the viewer’s attention is directly and immediately drawn to the word; that the word is used therein as a mark to identify
`the source of the services described therein; that “RECOVERY” does not in any real of specific sense describe the particular services
`rendered by applicant; and that the registration sought by applicant would not preclude others from using “RECOVERY” in a
`descriptive sense to convey its descriptive meaning, it is concluded that the scales of thought in this case tip in the direction of
`
`suggestiveness rather than descriptiveness.  
`
`As such, “RECOVERY,” as applied to applicant’s services, is not merely descriptive within the meaning of Section 2(e)(1) of the
`Statute.   Id.
`
`The same is true here.  Applicant’s goods are not described by the word PERFORMANCE.   That the word might be suggestive of a desired end
`result of using Applicant’s identified goods does not render the mark descriptive.  Consumers would not have an immediate or instantaneous belief that
`
`Applicant’s goods are primarily for enhancing athletic performance.  
`
`Rather, Applicant’s mark is at least as distinctive as other marks found not to be descriptive.   See In re Aid Labs., Inc., 221 U.S.P.Q. 1215, 1216
`(T.T.A.B. 1983) (PEST PRUF for animal shampoo with insecticide held merely suggestive of a possible end result of the use of Applicant’s goods);   In
`re WSI Corporation, 1 U.S.P.Q.2d 1570, 1572 (T.T.A.B. 1986) (“Where such imagination or forethought is required to reach a conclusion as to the
`nature of a key characteristic of goods or services, a mark must be determined to be suggestive and not descriptive”); In re Nobile Co., 225 U.S.P.Q.
`749, 750 (T.T.A.B. 1985) (NOBURST held suggestive as the Board did not “believe this conclusion is readily arrived at by merely observing the mark
`on the goods but that it requires interpretation by the viewer”); In re Atavio Inc., 25 U.S.P.Q.2d 1361, 1362 (T.T.A.B. 1992) (“One which is only
`suggestive requires some imagination, thought or perception to determine its meaning in relation to the goods”); In re Shutts, 217 U.S.P.Q. 363
`(T.T.A.B.1983) (SNO-RAKE held not merely descriptive of snow removal hand tool); In re Recovery, Inc., 196 USPQ 830 (TTAB 1977) (RECOVERY
`not merely descriptive of services of, inter alia, providing group therapy in the form of self-help aftercare to follow psychiatric or other professional
`counseling and/or treatment, and training lay leaders to provide such therapy); In re Frank J. Curran Co., 189 USPQ 560 (TTAB 1975) (CLOTHES
`FRESH not merely descriptive as applied to clothes and shoe spray deodorant).
`
`Moreover, it is illogical for Shaklee’s use of PERFORMANCE and SHAKLEE PERFORMANCE both to be incontestably not descriptive for
`nutritionally enhanced powder for soft drinks, but for the Examiner to find PERFORMANCE descriptive for its currently identified nutritionally
`enhanced food products.  Such an illogical result cannot be the correct result.  Rather, this case is like the cases where e.g., PURITY for, inter alia,
`water filtering units and DRI-FOOT for an antiperspirant deodorant for feet were found not to be merely descriptive.[2]
`
`PERFORMANCE used in the context of Applicant’s goods is obviously at most merely suggestive.   Therefore, Applicant requests that any
`
` 
` 
` 
` 
` 
` 
` 
` 
` 
` 
` 
`

`

`existing doubt be resolved in its favor and that its application be published for opposition. See In re Intelligent Medical Systems Inc., 5 U.S.P.Q.2d 1674,
`1676 (T.T.A.B. 1987) (“there is a thin line between a suggestive and a merely descriptive designation, and where reasonable men may differ, it is the
`Board's practice to resolve the doubt in Applicant's favor and publish the mark for opposition”); In re Gourmet Bakers, Inc., 173 U.S.P.Q. 565, 565
`(T.T.A.B. 1972) (the determination of whether a mark is merely descriptive or suggestive is more often than not “determined largely on a subjective
`basis with any doubt in the matter being resolved in Applicant’s behalf on the theory that any person believed damaged by the registration would have
`the opportunity…to oppose registration of the mark and to present evidence, usually not present in the ex parte application”).
`
`For at least the reasons explained above, the term PERFORMANCE in Applicant’s application is not merely descriptive and should not be
`disclaimed.  Applicant submits that its application for PERFORMANCE is now in a condition for publication and such action is respectfully requested.
`
`[1] Kellogg Co. v. Gen. Mills, Inc., 82 USPQ2d 1766, 1771 (T.T.A.B. 2007) provides guidance regarding relatedness, noting that the requirement for
`intrinsic evidence is not required “in cases where the identifications of goods alone reveal sufficient facts about the respective goods from which a
`conclusion, not based on mere conjecture, as to the relationship between the goods may be made.”
`
`2 In Re Universal Water Sys., Inc., 209 U.S.P.Q. (BNA) ¶ 165 (T.T.A.B. Apr. 30, 1980) (“As to the present case, we are of the opinion that the mark “PURITY”,
`although somewhat suggestive of the function of applicant's goods, cannot be considered to be merely descriptive of such products within the meaning of Section
`2(e) (1) of the Trademark Act”); In re Pennwalt Corp., 173 USPQ 317 (T.T.A.B. 1972) (DRI-FOOT not merely descriptive of “Anti-Perspirant Deodorant for
`Feet”).
`
`EVIDENCE SECTION
`
`        EVIDENCE FILE NAME(S)
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`       JPG FILE(S)
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`       ORIGINAL PDF FILE
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`       CONVERTED PDF FILE(S)
`       (12 pages)
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`       ORIGINAL PDF FILE
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`       CONVERTED PDF FILE(S)
`       (50 pages)
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xm18\RFR0022.JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xm18\RFR0023.JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\xml8\RFR0024.JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xm18\RFR0025.JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xm18\RFR0026.JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\xml8\RFR0027.JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xm18\RFR0028.JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xml8\RFR0031 .JPG
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`\\TICRS\EXPORT 17\IMAGEOL‘T 1 7\875\287\87528703\Xm18\RFR0032 .JPG
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`\\TICRS\EXPORT 17\IMAGEOL‘T 1 7\875\287\87528703\Xm18\RFR0033 .JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xml8\RFR0034.JPG
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`\\TICRS\EXPORT 17\IMAGEOL‘T 1 7\875\287\87528703\Xm18\RFR0035 .JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xml8\RFR0036.JPG
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`\\TICRS\EXPORT 17\IMAGEOL‘T 1 7\875\287\87528703\Xm18\RFR0037 .JPG
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`\\TICRS\EXPORT 17\IMAGEOL‘T 1 7\875\287\87528703\Xm18\RFR0038 .JPG
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`\\TICRS\EXPORT 17\IMAGEOL‘T 1 7\875\287\87528703\Xm18\RFR0039 .JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xml8\RFR0040.JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xml8\RFR0041 .JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xml8\RFR0042.JPG
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`\\TICRS\EXPORT 17\IMAGEOL‘T 1 7\875\287\87528703\Xm18\RFR0043 .JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xml8\RFR0044.JPG
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`\\TICRS\EXPORT 17\IMAGEOL‘T 1 7\875\287\87528703\Xm18\RFR0045 .JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xml8\RFR0046.JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xml8\RFR0047.JPG
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`\\TICRS\EXPORT 17\IMAGEOL‘T 1 7\875\287\87528703\Xm18\RFR0048 .JPG
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`\\TICRS\EXPORT 17\IMAGEOL‘T 1 7\875\287\87528703\Xm18\RFR0049 .JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xml8\RFR0050.JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xml8\RFR0051 .JPG
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`\\TICRS\EXPORT 17\IMAGEOL‘T 1 7\875\287\87528703\Xm18\RFR0052 .JPG
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`\\TICRS\EXPORT 17\IMAGEOL‘T 1 7\875\287\87528703\Xm18\RFR0053 .JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xml8\RFR0054.JPG
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`\\TICRS\EXPORT 17\IMAGEOL‘T 1 7\875\287\87528703\Xm18\RFR0055 .JPG
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`\\TICRS\EXPORT17\IMAGEOL‘T17\875\287\87528703\Xml8\RFR0056.JPG
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`\\TICRS\EXPORT 17\IMAGEOL‘T17\875\287\87528703\Xm18\RFR0057.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0022.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0024.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0025.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0026.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0027.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0028.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0029.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0030.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0031.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0032.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0033.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0034.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0035.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0036.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0037.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0038.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0039.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0040.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0041.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0044.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0045.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0046.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0050.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0051.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0052.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0053.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0054.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0055.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0056.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0057.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0058.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0059.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0060.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0061.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0062.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0063.JPG
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`evi_19836189130-20190325210950023919_._EXHIBIT_C.pdf
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0064.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0065.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0066.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0069.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0072.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0073.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0074.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0075.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0076.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0077.JPG
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`\\TICRS\EXPORT17\IMAGEOUT17\875\287\87528703\xml8\RFR0081.JPG
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`evi_19836189130-20190325210950023919_._EXHIBIT_D.pdf
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`