`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of
`
`HERBAN AVENUES, L.L.C.
`
`Opposer,
`
`V.
`HERBANCOWBOYCOM, INC.,
`Applicant.
`
`BOX TTAB - FEE
`Commissioner for Trademarks
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Opposition No. 91 157596
`
`Application No. 78/1 38,03 1
`
`Mark: HERBANCOWBOY
`
`.
`
`-
`
`|||l||||||||lllll||||||l||||||||lllll|||||llllllll
`
`10-14-2003
`u.s. Patent & TMO1'c!1’M Mail RCDIDL we
`
`APPLICANTS ANSWER AND DEFENSES TO NOTICE
`OF OPPOSITION AND COUNTERCLAIM PETITION
`FOR CANCELLATION OF OPPOSER’S REGISTRATION
`
`And now comes Applicant, HerbanCowboy.com, Inc. (“HerbanCowboy”), before
`
`the Trademark Trial and Appeal Board (“TTAB”) to assert the following responses to the
`
`numbered paragraphs in the Notice of Opposition filed by Opposer, Herban Avenues, L.L.C.
`
`(“I-lerban Avenues”).
`
`1.
`
`HerbanCowboy is without sufficient
`
`information to admit or deny the
`
`allegations in paragraph 1 of the Notice, and HerbanCowboy therefore denies such allegations.
`
`2.
`
`1-IerbanCowboy is without sufficient information to admit or deny the
`
`allegations in paragraph 2 of the Notice, and HerbanCowboy therefore denies such allegations.
`
`
`
`
`
`3.
`
`HerbanCowboy is without sufficient
`
`information to admit or deny the
`
`allegations in paragraph 3 of the Notice, and HerbanCowboy therefore denies such allegations.
`
`4.
`
`I-IerbanCow‘ooy is without sufficient information to admit or deny the
`
`allegations in paragraph 4 of the Notice, and HerbanCowboy therefore denies such allegations.
`
`5.
`
`I-lerbanCowboy is without sufficient information to admit or deny the
`
`allegations in paragraph 5 of the Notice, and HerbanCowboy therefore denies such allegations.
`
`6.
`
`HerbanCowboy is without sufficient information to admit or deny the
`
`allegations in paragraph 6 of the Notice, and HerbanCowboy therefore denies such allegations.
`
`7.
`
`Denied.
`
`The term “HERBAN” is descriptive or otherwise highly
`
`suggestive of Opposer’s goods, including, but not limited to, herbal soaps, and is not capable of
`
`serving as a source identifier in the personal care and skincare products marketplace for Opposer
`
`or anyone else.
`
`8.
`
`HerbanCowboy is without sufficient information to admit or deny the
`
`allegations in paragraph 8 of the Notice, and HerbanCowboy therefore denies such allegations.
`
`9.
`
`HerbanCowboy is without sufficient information to admit or deny the
`
`allegations in paragraph 9 of the Notice, and HerbanCowboy therefore denies such allegations.
`
`10.
`
`Admitted.
`
`11.
`
`Herbancowboy is without sufficient information to admit or deny the
`
`allegations in paragraph 11 of the Notice, and HerbanCowboy therefore denies such allegations.
`
`12.
`
`Denied.
`
`13.
`
`Denied.
`
`14.
`
`Denied.
`
`
`
`
`
`15.
`
`HerbariCowboy is without sufficient
`
`information to admit or deny
`
`Opposer’s beliefs and allegations in paragraph 15, and HerbanCowboy therefore denies such
`
`allegations.
`
`16.
`
`Denied.
`
`17.
`
`HerbanCowboy is without
`
`sufficient
`
`information to admit or deny
`
`Opposer’s beliefs and allegations in paragraph 15, and HerbanCowboy therefore denies such
`
`allegations.
`
`AFFIRMATIVE DEFENSES
`
`18.
`
`Herban Avenues’ mark is not famous in the channels of trade through
`
`which HerbanCowboy’s goods are sold.
`
`19.
`
`No actual
`
`confusion has been alleged or has occurred between
`
`I-lerbanCowboy’s l-IERBANCOWBOY mark and Herban Avenues’ HERBAN AVENUES mark.
`
`20.
`
`HerbanCowboy’s HERBANCOWBOY mark is not confusingly similar to
`
`Herban Avenues’ HERBAN AVENUES mark.
`
`I-lerbanCowboy’s mark was the subject of
`
`application and was subsequently passed to publication by the Trademark Examining Attorney.
`
`In an Office Action, dated November 1, 2002 in Applicant’s application, the Examining Attorney
`
`stated that she “searched the Office records and has found no similar registered or pending mark
`
`which would bar registration under Trademark Act Section 2(d)....” At the time this Office
`
`Action was issued, Opposer’s registration on HERBAN AVENUES was issued.
`
`It is highly
`
`unlikely that
`
`the Examining Attorney missed this International Class 003 registration for
`
`HERBAN AVENUES when examining a Class 003
`
`and Class
`
`035
`
`application on
`
`HERBANCOWBOY. The Examining Attomey found no likelihood of confusion between
`
`HERBAN AVENUES and HERBANCOWBOY.
`
`3
`
`
`
`
`
`‘i
`
`21.
`
`Opposer
`
`sought
`
`registration
`
`for
`
`the
`
`composite mark HERBAN
`
`AVENUES, not “HERBAN" alone. Opposer does not use the term “herban” by itself, without
`
`the “avenues” modifier, anywhere on the website and cannot claim rights in the mark
`
`“HERBAN” alone.
`
`Similarly, Applicant
`
`is seeking registration for
`
`the composite mark
`
`HERBANCOWBOY, not “HERBAN” alone
`
`22.
`
`The formative HERBAN is merely descriptive or highly suggestive of
`
`Applicant’s and Opposer’s goods, including, but not limited to, herbal soaps. Further, HERBAN
`
`is used as a descriptive and highly suggestive term throughout Opposer’s website (located at
`
`www.herbanavenues.com and attached hereto as Exhibit A) in connection with the terms “herbs”
`
`and “herbal.” HERBAN, including its counterparts “herbal” and “herb”, are weak formatives, as
`
`indicated by a simple search of the Trademark Office TEAS producing hundreds of “hits.” In
`
`addition, a search of the TEAS indicated 242 instances of the disclaimer of the term “herbal," 83
`
`instances of the disclaimer of the term “herb” and 115 instances of the disclaimer of the term
`
`“herbs.” Such disclaimer similarly indicates the descriptive nature of the counterpart terms of
`
`“herban.” Still further, Opposer admitted, during prosecution of its application (Serial No.
`
`75/624,612), which resulted in Opposer’s Registration No. 2,499,364,
`
`in an Amendment and
`
`Response to an Office Action, dated August 23, 1999, that “Applicant [Herban Avenues] intends
`
`the wording to have suggestive significance as applied to the identified goods.... HERBAN
`
`AVENUES suggests to a consumer that herbal and herb-based products have become part of the
`
`mainstream ‘urban’ culture....” Amendment and Response, p. 4; see also p. 10. By Opposer’s
`
`own admission, “herban” is meant to suggest and otherwise describe herbal and herb-based
`
`products. A copy of the Amendment and Response is attached hereto as Exhibit B.
`
`
`
`
`
`?
`
`23.
`
`HerbanCowboy hereby asserts the affirmative defense of the doctrines of
`
`laches, acquiescence and equitable esloppel. I-IerbanCowboy is the owner of the registered mark
`
`HERBANCOWBOYCOM (Registration No. 2,678,677 and attached hereto as Exhibit C) for
`computerized online ordering services in the field of health and beauty aids and computerized
`
`online retail services in the field of health and beauty aids. This mark was subject to application,
`
`publication and registration, all without any opposition by Herban Avenues.
`
`Further,
`
`Applicant’s HERBAN COWBOY, Application Serial No.
`
`76/ 158,543,
`
`and HERBAN
`
`COWGIRL, Application Serial No. 76/311,547 have both passed through the opposition period
`
`and have a notice of allowance issued thereon.
`
`COUNTERCLAIM PETITION FOR CANCELLATION
`
`24.
`
`Applicant/Petitioner HerbanCowboy.com, Inc. (hereinafter “HerbanCowboy”),
`
`a Pennsylvania corporation, having a business address of P.O. Box 949, Saegertown,
`
`Pennsylvania 16433, believes that it is being-damaged by the registration alleged to be owned by
`
`Opposer/Respondent I-lerban Avenues, L.L.C. (hereinafter “Opposer”) as pleaded in the Notice
`
`of Opposition, namely Registration No. 2,499,364 for HERBAN AVENUES; and hereby
`
`petitions to cancel the same.
`
`25.
`
`Applicant restates and reaffirms the denials and affirmative averments of
`
`Paragraphs 1-24 inclusive of its answer and incorporates said paragraphs by reference as if set
`
`forth in full.
`
`26.
`
`Herban Avenues has declared that it used the mark HERBAN AVENUES
`
`in connection with each and every good and product set forth in the goods/services description
`
`underlying the registration as follows: First Use Date: 1998-11-01, First Use in Commerce Date:
`
`1998-11-01.
`
`
`
`
`
`27.
`
`The application for registration of the mark HERBAN AVENUES was
`
`filed on January 21, 1999,
`
`and HERBAN AVENUES was
`
`subsequently registered in
`
`International Class 003 for “bath and body products, namely, herbal soaps, essential oils for
`
`personal use, bath oil, body oil, massage oil, non-medicated hair care preparations, skin lotions
`
`and cleansers, skin cleansing lotions, skin moisturizer, skin soap, skin toners, body cream, body
`
`lotion, facial cream, facial lotion, hand cream, hand lotion, facial masks, non-medicated bath
`
`salts, non—medicated body soaks, bath crystals, perfumes and perfume oils, body oils, scented
`
`body spray, spray room fragrances, potpourri, sachets, skin creams and emollients, non-_
`
`medicated lip balms, and lip gloss.”
`
`28.
`
`On information and belief, it is asserted that, based upon a review of the
`
`goods and products offered on the Opposer’s website, Herban Avenues does not sell and has
`
`never sold the following goods in the identification of goods in its Registration No. 2,499,364:
`
`body oil, non-medicated hair care preparations, skin cleansing lotions, skin masks, bath crystals,
`
`body oils, potpourri and lip gloss under the mark HBRBAN AVENUES.
`
`29.
`
`On information and belief, it is further asserted that, based upon a review
`
`of the goods and products offered on the Opposer’s website, Herban Avenues is using the mark
`
`HERBAN AVENUES along with the “®” symbol in connection with insect repellant, bug bite
`salve, scarves, sunburn relief, rhus tox pills, poison. ivy salve, hand and baby care lotion,
`
`menopause symptom relief, loofah slippers and sponge, cold and sinus relief, salt rub, aroma
`
`pillows, herbal playdough, waterless wash, bed warmers, freezer pouches, nature candy, teas,
`
`herb tinctures, cleansing herbal powder, deodorant stones, soy nuts snack and dried herbs. None
`
`of these goods are set forth in the identification of goods for Opposer°s registration on the mark
`
`HERBAN AVENUES, evidencing further improper marking of goods.
`
`6
`
`
`
`-1
`
`30.
`
`Upon information and belief, Opposer’s
`
`application matured into
`
`Registration No. 2,499,364 as
`
`a result of the Opposer’s false,
`
`fraudulent and material
`
`misrepresentations made in the declarations and papers of the applications submitted to the
`
`United States Patent and Trademark Office.
`
`31.
`
`Opposer’s trademark Registration No. 2,499,364 should be cancelled in its
`
`entirety pursuant to Section 14(3) of the Lanham Act on the ground that the registration was
`
`obtained through Opposer’s assertions of fraudulent, false and material misrepresentations.
`
`Further, enclosed please find a check in the amount of $300.00 as payment for all
`
`fees associated with the counterclaim-petition to cancel. In the event that the fee submitted is not
`
`sufficient, please charge any additional fees to the undersigned Attorney’s Deposit Account No.
`
`23-0650. This pleading is filed in triplicate.
`
`WHEREFORE, HerbanCowboy respectfully requests that Herban Avenue’s
`
`Notice of Opposition be dismissed with prejudice and that l-lerban Avenue’s Registration No.
`
`2,499,364 be cancelled.
`
`Dated: October 10, 2003
`
`Respectfully submitted,
`
`
`4
`
`
`Richard L. Byme
`Registration No. 28,498
`Nathan J. Prepelka
`Registration No. 43,016
`WEBB ZIESENHEIM LOGSDON
`
`ORKIN & HANSON, P.C.
`
`700 Koppers Building
`436 Seventh Avenue
`
`Pittsburgh, PA 15219-1818
`Telephone: (412) 471-8815
`Facsimile:
`(412) 471-4094
`
`Attorneys for Applicant
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of APPLICANT’S ANSWER AND
`
`DEFENSES TO NOTICE OF OPPOSITION AND COUNTERCLAIM PETITION FOR
`
`CANCELLATION OF OPPOSER’S REGISTRATION was served by first class mail,
`
`postage prepaid, this 10th day of October, 2003 upon the following Attorney for Opposer:
`
`Jeffrey H. Geiger, Esq.
`Sands Anderson Marks & Miller PC
`P.O. Box 1998
`
`Richmond, Virginia 23218-1998
`
`
`
`Attorney forApplicant
`
`;
`
`
`
`
`
`
`
`
`
`_m:zm:Emm€m_._.>UOQ.:..O>nom6_m.:ocam.mu_m:_m5503.0.m_mu_:Eonm.._mmEELF
`
`
`
`
`
`
`
`
`
`m_.=9.2$5.xm_w.so»Em:Sch.mEmmmEmmmm:qmn-_Em.ucm_m_.2omn-=:m._m._>-_Em
`
`
`
`
`
`
`
`
`
`:o:E:cnoomncmmocmfia.>m._m:mmam..223m5m>oaE_.m:m9oManon
`
`
`
`
`
`
`
`
`
`9:30>26%w:5...0000._m_m.._30>m_v_<s_mmmm:HmEo>>550E
`
`
`
`
`
`
`
`9:50>mocmccmvcmE9:mc:_u:_cmo:o>m>m3>:mE
`
`
`
`
`
`
`
`----mmE_>mn_m._:m4-:-
`
`5:30ucm.m__mEm_._
`
`
`
`®mm5zm_><z<mmm:*0
`
`_..........m_._m4mmm2:o
`
`..9.._,.;v...A«%V,.~.wHw,v....._.¢.”w.
`..o.z_t
`
`...2,£%_m.._fl__$%._a%%
`
`...
`
`Til:4
`
`
`
`
`
`:8nmammmmmEm_m=<.O:_|_.mm:cm><.:mEmON©
`
`
`
`52Z_n_m_oz:ou_@mm5z.m_><z<mm.m_I
`
`
`
`
`
`_m»<m_m._.>QOmimam:”m_mm5zm><z<mEm_:
`
`
`
`
`
`
`
`
`
`MD_u.2_._oo_.w:_._mh:O._.$_._._2.._.1_ou_“Em:m.E£..>
`
`
`
`
`
`
`
`
`
`flmo_ummmmEou.mn_.5:umoo;Umo2:03-mu=:u><cmnuofl
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`.IC<(.uur-r
`
`
`
`
`
`52Z_omozaom@mm5zm_><z<m_mm_:
`
`
`
`_8>$$mmzgm__<_O._.__mm:cm><cwntml8om©
`
`
`
`
`
`
`
`
`
`.:_mEmucm5:2.m.mm:mmmcmm
`
`
`
`_U:m_.:m:03new_=mmSo>Em:2Ema,__.:o>.SonmwoomEm...9£055..om$2m.m:m.c.r
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`.mo:m_m_oE_mucmcmm:ucmmm_._>=_m_._mmExm.mm..9m__m5:5mmofi329.6Um.Em_o.>__mmo9m35m:2m:mFr50»mmmwfi2u2m_:E.o_Em$5u:<.uoo._cmm:9.:#5350>Eats:3260:.Sodmmccmmémzzmcm2mmcofin__mEmEmumE_..EmI
`
`
`
`
`
`
`
`
`
`
`
`:35m=_E__2__% .mm|Em:o_.E::.mm:o_u__m6.mE_mnucmmEmm:umco:o_m:_£oomm>m:m>>_
`
`
`
`
`
`
`
`
`
`
`
`
`
`m3_umEn_om..__..mt._OcmEo>>E.._
`
`
`
`
`
`Nma_umam.mu::o><53533EuE3:3E55
`
`
`
`
`
`
`
`
`
`
`
`ucmmrwmbEmam:_____2_mommaEm0555;....mEmEm_nE:w__onewm__o_m_Emmwm.mw._:_o:_.Em....Em_u._soq_uo2m_oE>
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`>__mEmE:o._>cmEo._-uwEam_.mm...m5..om_mm>_m>m:_m:.m_m:m.uEm;mzotmm.3wumEv:m;=<.m:_0.mmm:__m>>nmN_E2m:0.
`
`
`
`
`
`
`
`
`
`
`
`m_o;ooum:w._m:.
`
`
`
`
`
`m__ofizcwmmmo__:mam.mEmEo.m
`
`
`
`|”=_~u:ouBizon>,..;i._.:E>>
`
`
`
`$2559.,ozwéczm
`
`
`
`mm>_.m>.mmma_mo_Em;o
`
`
`
`2u=_uoE->n__mE_.._m.6§a_2_3
`
`%;d9A§
`
`m_mu_:Eon_23
`
`25S:no:
`
`Bomzxm2.590
`
`
`
`.mmmwmc_m:nm._n_m:o.mm
`
`,.,....pv%_.__,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`59Z_omoznom@mm5zm><z<mmm:59Z_omoznom@mm5zm><z<mmm:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`mnoNuwmmm._oEw:mQm_P:dmZH0532....mnoNuwmmm._oEw:mQm_P:dmZH0532....
`
`
`
`
`
`
`
`
`
`
`
`SoHowfi
`
`.5309303
`
`
`
`maEficoo=m.En...._>En_
`
`
`
`«GEm.wzamom.
`
`
`
`
`
`fimu9__&9_mSo»9=vownewxc__.26059:coxo__o1...:
`
`
`
`..:92§uu\fi:.:.__,_~s._q..w..._::_=._:..-=2
`
`
`
`
`
`
`
`
`
`..~.._.:_€..\.e..c28.5,.5.....u...‘.
`
`
`
`....a..=.,u.._<_...G..E....:.:1.
`
`
`
`
`
`
`
`om<otommooz<mmmEn_o<m:o>mozxiozmmz_._zommaomm
`
`
`
`
`
`
`
`
`
`moomm<Iwmm._.OZ._.:>>oz<4<_»zm_o_u.zoumz_<sm.Ezo:<s_mon_z_
`
`
`
`
`
`.om_mmm:wz/E
`
`
`
`
`
`>mUw.__.E._..mEE.Emamm_.E_8_mucmE899.0950:9:cmméma...No_.-m...N358Emcofi>9EEOomficmu:0
`
`
`
`
`
`
`
`
`
`.._:o...:mEw:momucm3mEoommtmm_:_m._>.ucoEcu_w_9:E9.29»:smuczm.383
`
`
`
`
`
`
`
`
`
`
`
`
`
`woo“..mESoO.mm._2wuooE=mmI.m_2cmommmc__m>>dwam.m.m_aEmE.~mmmmmmfi2oz_o_mn_w._<mm._O_._>>Etcm
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EOEEmw.OFNNO_.-m~.N$036EwambEm;m_c_9_>.:...O*0mco=mu._:O=mrEOE_EOE._0..._.mm:a::om_Emunew.mmc2m..
`
`
`
`
`
`
`
`
`
`
`
`umammmmmzgm__<.O._»_.wm.:cm><cmntmi8om©
`
`
`
`
`
`
`
`
`
`B?Z_B0230“.@mm5zm><z<mEm=._
`
`
`
`.damnmTm._.wm:Eqm..E%m_._.m.lg.Somum.EmE:o__>:m9:new£_mm:.m€m;Son._
`
`
`
`
`
`
`
`M.mn_:O:m:.:O.:.__Em:_
`
`
`
`
`
`
`
`
`Ht
`
`
`”.H._..¥._w..%a_r..§
`,...._..,.‘E.r,_,.%
`
`
`
`Eoo.mn.m:wmWo1w@.>wEwm:.mE__mE-mEm:53:00_
`
`
`
`
`
`mmo_owmm.:o:m::o.E_Bfisoo
`
`
`
`
`
`Eam$mmama__<_O._._.wm::m><:25:8oN©
`
`
`
`
`
`
`
`
`
`32Z_omozaom©wm5zm><z<mmm_:
`
`
`
`
`
`
`
`
`
`Seasonal Items
`
`page 1 of 1
`
`
`
`
`
`Bug Bite Salve Beet the Heat
`
`
`
`
`
`
`
`Poison Ivy Relief Outdoor Suririval
`
`BUGS AT BAY $ 8.95
`
`
`4 02 Emerald Spray Bottle.
`Deet-free and all natural. Unlike
`
`other natural repellents
`Because it is oil-free and
`
`, mells fantastical! Utilizes 6 of
`he top most effective insect
`repelling herbs. We call it
`
`Bugs at Bay because after
`
`esting 14 batches, we found
`
`
`success by adding Bay Laurel
`a key ingredient.
`
`
`
`
`
`
`
`
`Many customer testimonials On
`his product! See _F§__lQ_ljM
`l_MES_D_lSPATC__3_H Article.
`
`
`
`
`Not intended for pregnant
`omen Or children under 2
`
`(See pr_egn_ancyfinfant recipe
`i_e.§.t§.ad.)o
`
`View Shopping Cart/Checkout
`
`©2003 Herban Avenues, LLC, All Rights Reserved
`
`HERBAN /'—\VENUES® FOUNDED IN ‘I997
`
`httn://wwwherhanavenl1es_c:nm/seasonal .htm‘
`
`10/I/2003
`
`
`
`
`
`
`
`
`
`
`
`
` _m__m.w_,5_.5m__un_E__m.w_:::_::m=3:2.:Emm..22.25.Emma.
`
`
`
`
`
`#mo_ommmEu:umumSufi:
`
`
`
`cono:9:.mom2m_.__EBmE-_Em.332m9:.$99
`
`3.3m3<mmEmoam
`
`
`
`_m..._>_:m.3220
`
`
`
`
`
`
`
`3m:_NmEm2:»..omEoo“mc_mEoo..mE>_:.EmcmEsmEom_Lmm_u:mESo,.,Em:.2mumEm_m>_mwEmzoa
`
`
`
`
`
`
`
`
`
`
`
`m_n_Emmm>.mm.:mm..mo_m.>m:Eoo.:_mEm_n_.umm3_m2.m_.h‘m._
`
`
`
`..mnEmEmm-__a<mEm__m.><.:_oN:mnwxmzmmmn___om.
`
`flCCC2..C—
`
`
`
`
`
`59Z_omozaom@mm5zm_><z<mmm_:
`
`
`
`
`
`Soxomcouumom:_o_ao;w32>
`
`
`
`
`
`_82m$mmama__<_O.j_mm:cm.><CB5:8oN©
`
`
`
`
`
`
`
`
`
`F—e£—_....r—C.un.nu.u_.qfC-CC—..-an-I.-Ha-rf.fof.a|_.u-I\r—.~-IuIaux‘.l<.1.1<_.
`
`
`
`
`
`
`
`
`
`
`
`
`HEAT RELIEF PRODUCTS
`
`Page 1 of 1
`
`
`
`Bug Bite Salve ef
`
`
`
`
`
`Poison ivy Relief Outdoor Survival
`
`
`
`
`PEPPERMINT HERB SPLASH $ 9.95
`
`COOLING AROMATHERAPY SPRAY
`
` Keep it in your cooler when you go on picnics
`
`or to the baseball game. Spray arms, legs,
`
`neck etc. to refresh and stay cool. 4oz blue
`
`GARDENER'S SCARVES $ 8.95
`
`Great for bikers, hikers, golfers too. Made of
`100% light blue cotton denim. Soak it in ice
`ater. Watch the beads inside the scarf
`xpand and chill. Tie it around your neck and
`stay cool for hours. Rinse, line-dry and re-use
`ver and over. How does it work? By cooling
`the blood in the neck arteries, your head feels
`
`View Shopping Cartfcheckout
`
`©2003 Herban Avenues, LLC, All Rights Reserved
`
`HERBAN AVENUES® FOU-NDED IN 1997
`
`I !
`
`hrrn:/fwww_herl-mnaveniies.cnmfseasnnal3 .htm
`
`10/1/2003
`
`
`
`
`
`Sunburn Relief
`
`Page 1 of]
`
` Beat the Heat Bug Bite Salve
`
`
`
`
`
`Outdoor Survival Poison Ivy Relief
`
` - PURE ALOE SUNBURN COOLER $
`;
`€7.95
` EThe sunb_urn relief products in the drug stores
`gall contain aloe—-but as with all herbal
`
`_ {products the fresher the plant material in the
`.
`ibottle is, the more potent the relief! Our aloe is
`idated for freshness and certified organic. it
`
`‘contains all the enzymes, amino acids and
`iphytochernicals from the healing aloe plant.
`
`t, !No better relief for sun or kitchen burns. (8
`
`ounces)
`
`l
`‘I
`
`
`
`View Shopping Cart/Checkout ©2003 Herban Avenues, LLC, All Rights Reserved
`
` HERBAN AVENUES®.FOUNDED IN 1997
`
`htto2/i’www.herbanavenues.com/seasona14.htm
`
`10/1/2003
`
`
`
`
`
`Poison Ivy Relief
`
`Page 1 ofl
`
`
`
`Insect Repellent
`
`Bug Elite Salve
`
`
`
`Beat the Heat
`
`
`
`
`|vE*?%l3?é_|i5.f
`Outdoor Survival
`Sunburn Relief
`
` EWELWEED POISON IVY RELIEF
`
`
`ZRHUS TOX PILLS $ 3.95
`$ 8.95
`
`
`
`
`
`Stops the itch and dries out the rash! Similar
`o the Bug Bite salve but also contains ‘Witch
`Hazel, Aloe and extracts of Comfrey, Plantain
`
`and Jewelweed..
`
` 2
`
`oz bottle.
`
`
`
`We are pleased to offer this product from
`iwashington Homeopathics. Pellets
`Icontain small doses of poison ivy extract
`, Iwhich urge the body to "kick-in" it's
`' {natural defenses against the rash. We
`have used these pellets successfully to
`?prevent and to lessen the duration ofa
`; :poison ivy or oak rash.
`2'l
`
`
`
`
`
`,'
`
`#
`"‘ ‘
`
` View Shopping Cart/Checkout ©2003 Herban Avenues, LLC, All Rights Reserved
` HERBAN AVENUES® FOUNDED IN 1997
`
`
`
`htto://www.herbanavenuescomfseasonalé.htm
`
`10/1/2003
`
`
`
`
`Page 1 Ofl
`
`PURE ALOE SUNBURN COOLER
`
`
`
`
`
`
`Beat the Heat
`
`
`
`Poison ivy Relief
`
`‘HERBAN ESSENTIALS (OUTDOOR SURVIVAL) KIT 45 25.95
`
`
`
`View Shopping Cart/Checkout
`
`©2003 Herban Avenues, LLC, All Rights Reserved
`
`HERBAN AVENUES® FOUNDED IN 1997
`
`Bugs at Bay & Jewelweed
`"Natural Remedies for
`
`http2//wwwherbanavenues.com/seasona17.htm
`
`10/1/2003
`
`
`
`
`Herban Avenues - Bodytreats
`page 1 of 2
`
`' These are some of the most over—used descriptive words in the skincare industry
`
`7Yet most of the products that boast these descriptors are also full of petroleum by-
`H [products (methylparaben, mineral oil, propylene glycol) that clog the skin's pores and
`‘block botanicals from entering the skin.
`
`lvent alcohols (SD and ethyl alcohol) that strip the skin of
`‘They also contain strong so
`-—---which makes you want to use
`:'its natural oils—---which causes irritation and dry skin
`"' more and more lotion!
`
`ions and negate
`
`ou might also notice the added chemicals on the label-—--some with harmful side-
`effects, like deet (a carcinogen) and triclosan (an anti~biotic).
`‘ls this really the “All natural" product that you thought you were getting? Or were you
`|hoping for a product that promotes wellness for you, your skin and the eco-system
`5
`.
`_
`ou live In??
`
`‘Today, you've arrived at the right place! At HERBAN AVENUES®, our products are
`made without petroleum. synthetics, or harmful chemicals. We do not use any
`alcohols or harsh detergents in our soaps or lotions. Our products are made from
`plant material and smell like the garden. That's about as natural as it gets!
`in addition, no animals were used, harmed or even consulted in the formulation of our
`products.
`
`httn://\=irww.herhanaven1:es.nnn1/l-mrivtreatshtm
`
`10/ H2003
`
`
`
`
`
`Herban Avenues - Bodytreats
`
`Page 2 of 2
`
`§Our packaging is recycledlrecyclable and our products are biodegradable.
`
`WANT TO KNOW WHAT OUR PRODUCTS SMELL LIKE??-—--GO TO OUR .€5F_{QMAIHER&EY, PAGE TO GET SCENT
`DESCRIPTIONS
`
`in Cart/Checkout
`
`View Sho
`
`©2003 Herban Avenues, LLC, All Rights Reserved
`
`HERBAN AVENUES® FOUNDED IN 1997
`
`http://www.herbanavcnues.com/bodvtreats.htm
`
`-
`
`10/1/2003
`
`
`
`
`
`He: tan Avenues - Bodytreals
`
`Pag; 1 of}
`
` Skin Cream
`
`TonerIMoisturi:er
`
`...
`wt:
`o 3...
`ic" “Aromatherapeutic and ”BotanicaI'.........
`
`1 These are some of the most over-used descriptive words in the skincare industry
`‘
`today.
`
`Yet most of the products that boast these descriptors are also full of petroleum by-
`products (methylparaben, mineral oil, propylene glycol) that clog the skin's pores and
`-%"¥‘:a‘bl°ck botanicals from entering the skin.
`-
`.
`*1
`.
`They also contain strong solvent alcohols (SD and ethyl alcohol) that strip the skin of
`_
`natural oils---which causes irritation and dry skin---which makes you want to use
`'
`more and more lotion!
`
`7
`
`'u‘r Frtenaa
`
`
`
`
`Then there are the synthetic fragrances that often cause allergic reactions and negate
`' any aromatherapeutic effects.
`
`You might also notice the added chemicals on the label-—some with harmful side-
`jelfects. like deg; (a carcinogen) and trigosan (an anti-biotic).
`
`i i
`
`ts this really the ‘All natural‘ product that you thought you were getting? Or were you
`hoping for a product that promotes wellness for you. your skin and the eco-system
`you live in??
`il
`
`froday. you've arrived at the right place! At HERBAN AVENUES®. our products are
`shade without petroleum, synthetics. or han-nful chemicals. We do not use any
`"alcohols or harsh detergents in our soaps or lotions. Our products are made from
`plant material and smell like the garden. That's about as natural as it getsl
`
`in addition. no animals were used, harmed or even consulted in the fomtutation of our
`products.
`
`hltp:r'l'wu~v'.herbanavenucs.com.l'bodytrenLs.htm
`
`l0llf2003
`
`I g
`
`
`
`
`
`Herban Avenues - Bodyucais
`
`"Our packaging is recycledlrecyclable and our products are biodegradable.
`
`Page 2 of2
`
`I
`
`-
`
`Dsscaurrious
`i
`want YO mow WHAI’ nun Pnabucu SIIELL LIr:E7?—-60 TO OUR 5-SE3hER4J‘..‘( HA6! 10 GET SEEN?
`
`
`
`
`E i
`
`n Carllcheckout
`
`02003 Herban Avenues, LLC. All Rights Reserved
`
`HERBAN AVENUES® FOUNDED IN 1997
`
`hnpzlfmvw.herbnnavenucs.comlbodytr:als.hIrn
`
`10“ /3003
`
`
`
`
`
`LOUOI1
`
`Page 1 of 2
`
`
`
`
`Body Treats Home
`
`Skin Cream
`Lip Balm
`Soaps
`
`
`
`Tonerfwioieturizer
`
`SKIN FOOD
`
`$10.95
`
`
`
`Hand & Baby Care Lotion - 2 oz.
`
`
`
`
`
`-mber purse-size pump bottle.
`Grapeseed oil, soothing chamomile,
`and anti-inflammatory calendula
`{ended with beeswax.Perfect, natural
`relief for red, chapped, water-damaged
`hands. Great for nurses, gardeners,
`, mi:-ms and chefs. Choose from Green
`_ W2? Lemon Scent or Neutral (best for
`~
`._ babies).
`
`
`
`
`
`
`
`
`
`be used on cradle cap or diaper rash as
`
`
`
`View Shopping Cart/Checkout
`
`©2003 Herban Avenues, LLC, All Rights Reserved
`
`HERBAN AVENUES® FOUNDED IN 1997
`
`http://www.herbanavenues.c0rn/bodx/treats1 .htm
`
`10/ 1 /2003
`
`
`
`
`
`Herbal Skin Cream
`
`-
`
`page 1 of2
`
`
`
`
`
`essences. Choose from Neutral, Clean
`A Mint or Fresh Linen Scent. Packaged in
`4 oz cobalt squeeze bottle or 2 oz jar.
`
`WANT TO KNOW WHAT OUR PRODUCTS SMELL L|KE??--GO TO OUR AROMA THERAPY PAGE TO GET SCENT
`DESCRIPTIONS
`
`
`
`
`IE
`
`
`
`View Shopping Cart/Checkout
`
`©2003 Herban Avenues, LLC, All Rights Reserved
`
`HERBAN AVENUES® FOUNDED IN 1997
`
`htto://wwwherbanavenues.comfbodvtreats2.htm
`
`10/1/2003
`
`Herbal Cream - Beneficial even for
`
`problematic skin. We have received
`*‘“' hank you calls and letters from
`eczema & psoriasis sufferers on this
`product! Made from rosewater and aloe
`
`
`
`
`
`
`
`Aromatherapeutic Soaps
`
`Page 1 of;
`
`
`
`
`
`Tonerlt-loisturizer
`Lip Balm
`
`
`Skin Cream
`
`
`
`
`_
`
`
`Liquid Arornatherapeutic Soap.
`. Coconut and olive oils with aloe 8.
`erbal essences.
`
`5”” 5°95
`
`Large - 1602
`
`
`
` hoose from Green Lemon, Clean Mint
`
`or Fresh Linen. Available in a beautiful
`
`: 02. blue or a 16 oz. striking emerald
`»reen pump dispenser. Fill the "loo"
`
`ith aromatherapy every time you
`
`
`[H5;~IҤ
`
`
`
`anvrmgtfiga
`
`BATH BRS
`
`
`
`i1oo% Plant-Based Soap.
`ou won't believe the lather and pure essential
`foil fragrance from these super moisturizing
`soaps! 3.5 oz of good clean fun. You'll find you
`;won't need to use as much moisturizer because
`:our detergent-free soaps'won't dry your skin.
`
`I N
`
`
`
`AVE YOU TRIED SCENT LAYERING?
`
`5'When using products fragranoed with pure essential oils. one way to increase the aroma-effect is to
`"layer" the body with fragrance. Start with an aromatherapeutic soap, then an he_rb_aL_cr§_g1rn___ an
`herbal spritzer and then apply a natural perfume (like our solid parfums). Not only will you get to
`ienjoy the aromatherapeutic effects, but those around you will be impressed by the freshness of you!
`i
`.
`
`Imp://www.herbanaven ues.com/bodytreats3.htm
`
`10/1/2003
`
`
`
`
`
`
`
`Page I of2
`
` Body Treats Home
`Skin Cream
`
` Soaps
`HERB KISS
`I erbally infused lip balm.
`
`Tonerfltdoisturizer
`
`. oconut and almond oils—infused with skin
`’ eating herbs like calendula and cornfrey
`leaf-blended with beeswax and honey.
`
`
`oisturizes and soothes chapped, cracked
`
`ps. Our balms come in delicious and
`unique herbal flavors. NOW IN A NEW
`
`,' ANDSOME BEVELED TIN!
`
`
`
` ,
`
`
`_. hoose from: LavenderJLernon,
`
`_iran eIMint or Sweet Melissa (made with
`
`emon balm 8. chamomile to soothe cracked
`ps and coldsores)
`
`
`
`
`
` ‘
`=
`
`
`.
`_,
`
`
`
`
`
`:HERE'S A TIP FOR COLD SORE SUFFERERS:
`00 mg of L-Lysine (a supplement available at any drug store) taken twice daily will eflectively arrest the progress at a mid
`Z-sore. So start ushg L-Lysine at the first sign of a cold sore to lessen the duration time of the virus. We use Lemon Balm in our
`;§weet Melissa lip balm because this plant contains I.-Lysine as well. In addition to the camlry teal in our lip balm, a zinc
`;supp|amenl will speed healing of the sore. A food source at zinc IS pumpkin seeds. Cold sores are brought on by stress. so
`proper diet, sleep and RELAXATION are keys to avoiding outbreaks. Remember. cold sores are completely contagious, so
`‘avoid kissi
`- an one when sores are active.
`
`I 5
`
`*
`
`-
`
`E
`
`wew Shopping Cartlcheckout
`
`©2003 Herban Avenues, LLC, All Rights Reserved
`
`HERBAN AVENUES® FOUNDED IN 1997
`
`http://www.herbanavenues.com/bodytreats4.htm
`
`10/1/2003
`
`
`
`
`
`Toner & Moisturizer
`
`Page I of2
`
`
`T§jj;§;;‘§;f:{'4pz‘s'£i:’r_l§ér
`
`Lip Balm
`
`Skin Cream
`
`
`
`CHEEK CHEER
`- gentle loner 8. light moisturizer in one.
`
`fyou have sensitive skin, this is as mild as a facial product gels!
`osewaler, aloe, herbal extracts along with rosehip (source of
`Vitamin C), primrose (source of EFAS) 8. Vitamin E to "nourish" the
`ace. Comes in a 2 02 blue pump bottle. Light rose scent.
`
`
`
`View Shopping Cart/Checkout
`
`©2003 Herban Avenues, LLC, All Rights Reserved
`
`HERBAN AVENUES® FOUNDED IN 1997
`
`hrtp://www.herbanavenues.com/bodytreatss.htm
`
`10/1/2003
`
`
`
`
`
`Herban Avenues - Gifts
`
`page 1 of;
`
`Custom Gifts
`
`SET —
`._..
`‘
`
`é
`0 HERBAL GIFT
`
`II
`
`
`
`
`Looking for a unique alternative to a
`
`5 QIi
`
`loral arrangement or fruit basket?
`
`
`
`ii i
`
`
`
`Herban Avenues Gift Combos are a sensory
`xperience. You'll find that just about every one
`f your 5 senses becomes involved when you
`pen an herbal gift.
`It's definitely a "fee|-good"
`
`
`experience.
`
` y not treat yourself or spoil a friend today?
`
`
`
`View Sho in Cart/Checkout
`
`©2003 Herban Avenues, LLC, All Rights Reserved
`
`HERBAN AVENUES® FOUNDED IN 1997
`
`httn://www.herbanavenues.com/2ifts.htm
`
`10/1/2003
`
`
`
`
`
`Healthy, Useful Gifi Sets
`
`‘
`
`Page ; on
`
`
`
`‘
`
`‘
`
`Custom Gifts
`§§%gG_ift_t3‘ets*§%;!
`Gifts Home
`}
`HEALTHY USEFUL GIFTS —
`':For the New Mom:
`For the Sinus Weary:
`l
`, EMOTHER NURTURE KIT - $25.95
`OLD CARE KIT — $30.95
`I
`
`" iFi1led with herbal baby lotion, lavenderloat
`.
`;soap, a vial of calendula oil to ease breast
`I gfeeding dlSCUl'T|fOl1. sitz bath 5. lactation tE3S
`
`ontains a sinus relief eye pillow, a vial of
`ucalyptus blend essential oils for steam
`|nha|afion and cQ]d care herbaf [ea_
`
`For the Bath-Time Fanatic:
`
`BATH LUXURY KIT - $31.95
`
`‘ ssorted Bath Bars (3), Bath salts and
`romatherapy bath oil.
`
`For Everyone in need ofa Break:
`
`I E
`
`iCLUB 39 KIT - $39.95
`
`
`
`
`Don't let menopause get in the way. You can
`feel 39 for longer than you think! Wfith herbal
`_“ fgoodies that help relieve hot flashes,dry skin
`. Eand other symptoms of menopause. Contains
`isoy nut snack, flaxseed oil. Aloe St E feminine
`‘preparation. herbal cream, Mid-Life tea and
`. essence blend.
`
`.
`
`
`
`FOOT CARE KIT - $27.95
`
`EA LOVERS SET - $24.95
`
`
`ftre you getting ready for an island vacation or a - selection of herbal teas,tea infuser and honey
`yoga class? Get ready for barefootin' with this
`ripper and a jar of wildflower honey.
`kit. Includes comfy loofah slipper & a foot-file to
`lexfoliate, Dead Sea Mineral salts to soak 8.
`soothe and herbal cream to heal 8. soflen
`racked, dry heels.
`
`l c
`
`i
`
`
`§For the Dry Skin or Rash Sufferer:
`
`For the Happy Couple:
`
`l _
`
`l
`
`§ECZEMA CARE KIT - $19.95
`
`UB 8. A RUB KIT - $25.95
`
`http://www.hcrbanaven ues.corn/gifis2.htm
`
`1011/2003
`
`
`
`
`
`Healthy, Useful Gift Sets
`
`Page 2 of2
`
`TAmber tea for drinking or soaking, herbal
`§crearn_ oatmeal soap for bathing with helpful
`Zbooklet oi skincare tips.
`
`assage and Bath Oil, Bath Salts, Loofah
`ponge and Bath Bar. _
`
` in Cart/Checkout
`
`©2003 Herban Avenues, LLC, All Rights Reserved
`
`HERBAN AVENUES® FOUNDED IN 1997
`
`httpzllwww.herbanavenues.com/gifts2_htm
`
`10/ 1/2003
`
`
`
`
`
`CUSTOM GIFT SETS
`
`Page ] of2
`
`Gifl Sets
`
`§3*32if{1.%'l'o‘rrj»§|'3i'tt§f*§
`
`
`
`*
`
`,
`
`M
`
`. .
`
`_
`
`’
`
`"-
`
`“
`
`l INVENT MY OWN GIFT SET---- FUN ADDITIONS-----ADD TO ANY
`9 EYOU CHOOSE THE ITEMS AND
`‘FT SET?
`! CREATE ANY COMBINATION
`.
`’cuci_< HEREJZOeS_Tj3~BcI_l5.GlEI.E§QL<_($3.00 5335
`Tgift wrap charge includes a card). Then go back f=Q_{'_J_fah_$p_Q_[]_g§
`
`to our body treats. bath treats and
`- _ Laromatherapy pages and click on the items you
`‘
`“WWW.P
`wish to include. We'll take care of the rest!
`__
`‘
`
`_
`
`Lip Balm
`._ __
`
`
`Let Us Help You With Your Business Gift-Giving Needs
`‘ pur customer service is excellent! Just call or email or _ca_l| us to set up a gift services account.
`|Then contact us when you need a present for an employee baby shower or a thank you gift to a
`iclient—-All we need to know is the date, occasion, receiver's name & contact information. and
`' your price range. We'll take care of the rest and your business associates will think you shopped
`
`"T
`W
`
`View Sho in Cartlcheckout
`
`©2003 Herban Avenues, LLC, All Rights Reserved
`
`HERBAN AVENUES® FOUNDED IN 1997
`
`http://www.herbanavenucs.com/gifts3.htm
`
`10/1/2003
`
`
`
`
`
`Herhan Avenues — Bath Treats
`
`page 1 of;
`
`
`Photo of Hotsrins in Ore on, caurfes of Bruce Mama hot raher - June 2000
`
`‘
`‘
`
`
`
`:OUR BATH PRODUCTS MAKE YOU FEEL A PART OF NATURE
`.
`' IAGAIN
`lFragranced with pure botanical essences--nothing artificial. Full of skin beneficial
`iingreclients like oatmeal, nut oils or earth's minerals. Why would you want to get "au
`‘ ins-turel" in a tub full ofmethylparaben?
`ilrnink about it............. ..
`HOT BATH CAN DO ALL THAT?!?!
`fsometimes the only answer to a hectic day full ofcars, computers and TV dribble is a good
`§ession in the tub. Afteralt, we're practically made of water! Some of us might feel like we're "in
`pur element" when we're surfing the net... but the truth is we're far more in our element when
`immersed in water.
`
`-
`
`'
`
`Just ten minutes in a hot tub can:
`
`fmprove circulation
`increase blood supply to organs
`lslough off dead skin cells
`3Clear the mind
`Give you an excuse to be ALONE!
`Ichange your mood
`Un clog your pores
`[Remove bacteria from your skin
`Relieve a chill
`
`gsoothe tired muscles
`Detoxify your body
`Ebecrease pain
`
`,
`
`hrtp:/lwwwherbanavenues.com/bathtreats.htm
`
`10/ 1/2003
`
`
`
`
`Herban Av
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
