Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA334236
`ESTTA Tracking number:
`02/25/2010
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91158982
`Plaintiff
`Lush Ltd.
`John A. Clifford
`Merchant & Gould PC
`3200 IDS Center, 80 South Eighth Street
`Minneapolis, MN 55402-2215
`UNITED STATES
`rzimmerman@merchantgould.com, cfirner@merchantgould.com,
`aries@merchantgould.com, dockmpls@merchantgould.com
`Plaintiff's Notice of Taking Testimony
`Rachel Zimmerman
`rzimmerman@merchantgould.com, chough@merchantgould.com
`/Rachel Zimmerman/
`02/25/2010
`48_Part2.pdf ( 7 pages )(7422512 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`
`
`FRESH HANDMADE COSMETICS
`
`GET RID OF THOSE WINTER BLUES....AND SKIN
`WITH LUSH'S MUST-HAVE MOISTURIZERS
`
`$2 2 . 7 5
`DREAM CREAM
`Those of us with skin that gives us severe problems sometimes (or all of the time) could spendrour lives dreaming of a
`beautiful, clear, trouble free epidermis. We try many beauty creams and pharmaceutlca|s..you name it, we've used it.
`but still our bothersome skin won't behave. Give Dream Cream a try. Why? Because it is made with every calming
`plant we can get our hands on: oats have been used on the skin as far back as Celtic times, softening rose water.
`calming lavender and chamomile. olive oil to moisturize and loads more. The scent sometimes takes a bitof getting
`used to as it's not.your average floral thing. more of an herbal approach. Get some. There's no point in having a
`dream unless you're going to have a decent crack at making it come true.
`
`$18.45
`MASK OF MAGNAMINTY
`Use this mask when you really need a deep. deep cleanse. This is the face and back pack for when you've been
`facing theharsh winter elements. China clay and bentonite gel grab that dirt and absorb it‘ from your skin; aduki
`beans and evening primrose seeds gently take off your old, worn out skin cells. Peppermint and marlgold essential
`oils help to clear and soothe your skin. Plaster this deep green gunk all over your face. neck. and back. leave it on for
`up to 15 minutes then wash it off, massaging as you go. to exfoliate away all dead skin.
`
`$42 . 95
`AFTERLI-FE
`Created to‘p_ut something back into the skin, this rich moisturiser contains whole organic mangoes used when they
`are at their freshest to enhance the effects of‘ the nutritional content of the fruit. Mangoes are exceptional fruits.
`packed with potassium and sodium and antioxidant vitamins A & E. as well as beta carotene. a precursorto vitamin A.
`Mangoes are also incredibly moisturising. LUSH has added honey water to the blend of essential oils of ylang ylang
`and vanilla. which are extremely soothing. calming and balancing on the skin and help to reduce inflammation and
`redness. The specially blended essential oils were chosen for their renowned cell-regenerating properties. helping
`repair the skin. and for their beautiful fragrance.
`
`$12 . 95
`PIED DE PEPPER
`Pied de Pepper is a foot lotion beyond compare. It seeks right into the hard _skin on your poor old wom out feel and
`makes lhernfeel softer and lively again. Keep a pot by your bed and feed your feet Pied de Pepper every night. We
`use olive oil and cocoa butter to soften and moisturise your rough skin, clove bud oil to warm and ease them afterma
`tough day. ginger and cinnamon leaf oils to stimulate circulation and cleansing lemon oil ‘to refresh _between the toes
`and revive them. We hardly need to add that it smells deliciously spicy do we’? "Recommended for everyone with
`aching soles because they've been on their feet all day or allnight.
`'
`'
`
`$13 .95
`ca-AI’ snowsn GEL
`We've brewed up this deliciously spicy shower treat to stimulate the body and perk the senses. Made with chat
`tea blended with essential oils of warming glnger- which helps reduce feverish conditions and is very cheering for
`the mind- and cinnamon leaf. a powerful antiseptic thathas a tonic effect on the body. particularly the circulation.
`Fresh‘ lemon juice is cleansing and bright. sunny orange blossom helps to speed up the elimination of toxins from
`the skin.
`
`For further information, digital images or product samples. please contact:
`
`Erika Barkley
`LUSH Press Otfice
`1.800.521.9622
`erlka@lush.com
`
`Brandi Halls
`LUSH Press Office
`1.800.521.9622
`brandi@lush.com
`
`CW 0022
`
`

`
`DETOXiFYING STEPS TO A FRESH START FOR THE
`
`NEW YEAR
`
`SEGMENT #1 DETOX
`
`SKIN CARE
`
`BRAZENED HONEY FRESH FACE MASK
`A deeply detoxifying face mask for when you feel ashamed about what you've done to
`your skin. This mask was inspired by seven of the herbs used in Aryuvedic medicine.
`An infusion of sage. rosemary and juniperberry and masses of lime juice are deeply
`detoxifying. Fresh ginger root, fennel, coriander and parsley. which have been
`Iiquidised in glycerine to carry all the benefits straight into the skin, stimulate circulation
`and encourage the elimination of toxins. Fennel has an enzymatic action to dissolve dirt
`and grime andparsley has plenty of‘ chlorophyll to clean and help heal the skin. Egg
`white is tightening and honey and groundnut oil arehealing, reduce redness and soften.
`Ground walnuts also helppolish the skin. The deep yellow tones of the mask include
`powdered cardamom and turmeric that are stimulating. but also have soothing properties
`andthe blend of essential oils of juniperberry and vetivert are excellent on congested
`skins.
`
`SWEET JAPANESE GIRL CLEANSER
`A new antisepticfacial massage bar that gently exfoliates. combats stubborn blocked
`pores and helps tone the facialmuscles. The principle behind this product‘ is to gently
`massage the skin to remove dead surface cells and liftoff dirt and grime from the
`surface of the skin which will have dissolved in the oils.
`lnaddition, the massaging
`a_ction will help boostthe circulation. -This bar is an emollient blend of cocoa butter, shea
`butter andpalm kernel oil, which have a low melting point so that the butters do not drag
`the skin. The blend of tea tree,7lemon oil and juniper berry oil are antiseptic and
`antibacterial, promoting _the deep cleansing action of the product.
`inspired by the
`moulds of Japanese sweetmeats, hence its name.
`
`TEA TREE WATER TONER
`Fresh smelling, with a'string.en_t, detoxifying and antiseptic properties, this toner combats
`spots and leaves the skin feeling refreshed and clean. A potent formulation that contains
`infusions of antiseptic, antibacterial spot-fighting tea tree, refreshing grapefruit and
`antiseptic juniper berries, which act as a tonic for congested oily .skins.
`
`AFTERLIFE FACIAL MOISTURISER
`Created to put something back into the skin. this rich moisturizer contains whole organic
`mangoes used when they are at their freshest to enhance the effects of the nutritional
`contentof the fruit’. Mangoes are exceptional fruits. packed with potassium and sodium
`and antioxidant vitamins A & E, as well as beta carotene, a-precursor to vitamin A.
`Mangoes are also incredibly moisturizing. LUSH has added honey water to the blend of
`essential oils of ylang ylang and vanilla, which are extremely soothing. calming and
`balancing on the skin and help to reduce inflammation and redness. The specially
`-blended essential oils were chosen for their renowned cell-regenerating properties.
`helpingrepair the skin, and for their beautiful fragrance.
`
`CW 0023
`
`

`
`BODY
`
`PARTY ON SHOWER JELLY
`Party on is just what you ‘need to keep partying all weekend long or help cure a hellish
`hangover as it detoxify, stimulate, and energize a sluggish system.
`it's fluorescent
`green and contains fresh lime juice and fresh rosemary infusion.
`together with an
`invigorating dash of fresh mint and menthol.
`Essential oils of rosemary, juniperberry
`and lime oil are great tonics for the whole system and stimulate the brain.
`
`.
`PARTY ON TEMPLE BALM
`it's made with nature's best stimulants - coffee,
`Party On gives you staying power!
`menthol, peppermint essential oil. lime essential oil. and lemongrass essential oil - in an
`easy to dab-on formulation for the temples and other pulse points to have you pulsating
`on and on — exactly what you need after the holidays!
`'
`
`THERAPY MASSAGE BAR
`The plan is that you have a Bath Bomb, get dry then ask someone you like to massage
`your shoulders with Therapy. it works on other parts of the body too but how far you go
`would depend on just how much you really like your chosen masseur. The Therapy bar
`contains lavender oil which is said to restore vitality to those suffering from exhaustion
`and to heip_re|ieve stress and depression. Neroli oil, from the flowers of the Seville
`orange tree, is extraordinarily good for keeping the skin flexible and also makes you feel
`veryreiaxed and happy.
`
`SEGMENT # 2 TREATING PROBLEM WINTER SKIN TO START YEAR OFF
`WITH GORGEOUS, HEALTHY SKIN
`
`ROSASEA - KEY ACTIVE INGREDIENT TO HELP: ROSE WATER, ROSE OIL
`BECAUSE IT RESTRICTS, THE BLOOD VESSELS
`
`ULTRABLAND CLEANSER
`An exceptionally mild emollient deep-cleansing formulation of peanut oil, beeswax,
`honeyand glycerine that has potent skin healing and antiseptic properties, helping to
`reduce inflammation and assisting the skin retain moisture. Also contains skin softening
`rose water. rose absolute and fresh iris extract, which are particularly tonic and
`cleansing, yet’ soothing for the skin and reputed to help agalristbroken ‘capillaries.
`Leaves the skin feelingclean, moisturized and plumped up.
`'
`4
`
`EAU ROMA WATER TONER
`A_ge'ntie.. sweet smelling floral toner that helps soothe and balance leaving the skin
`feeling‘ fresh and clean. Regenerative lavender helps balance sebum production, while
`rose helps soften and cleanse the skin as well as being good for skins lacking in natural
`lubrication.
`
`SKIN DRINK MOISTURISER.
`A heavier textured. formulation that contains healing and soothing aloe Vera, together
`with emollient oils and butters of evening primrose, sesame, cocoa and almond. Also
`contains fresh avocado. which is packed with oils and antioxidant vitamin E, and is a
`very rich “skin conditioner. Essentials oils of neroli and rose are blended for their
`soothing and rejuvenating properties, since neroli is reputed to stimulate the growth of
`healthy new cells.
`
`CW 0024
`
`

`
`PSORISSIS & ECZEMA — KEY ACTIVE INGREDIENT TO HELP: LAVENDER,
`CALAMINE, ROSE A
`-‘
`
`_
`DREAM CREAM
`Made with every calming p_lant we can get our hands on: oats have been used on the
`skin as far back as Celtic times, softening‘ rose water, calming lavender and chamomile,
`olive oil to moisturize and loads more.
`
`ANGELS ON BARESKIN
`A fragrant, deep cleanser and exfoliant with balancing properties. Leaves skin feeling
`soft and moisturized. This one is a facial cleansing “clay" containing kaolin and ground
`almonds, to help draw out impurities and polish the skin, together with glycerine, which is
`a humeclant and helps to retain water on the skin and the lavender and rose are
`soothing and help treat problems skin. The blend of essential oils are soothing, healing
`and balancing and help encourage cell regeneration. international best-selling product.
`
`FOR ACNE & SPOTS — KEY ACTIVE INGREDIENTS TO HELP: TEA TREE,
`CALAMINE
`
`‘
`FRESH FARMACY
`Extremely calming on the skin, making it ideal to soothe inflamed areas from acne or if
`you are prone to allergic reactions as it gently cleanses. A solid cleansing blockgsold by
`weight, that contains a calming, softening and balancing blend of chamomile, lavender
`and rose absolute, which also has the added benefit of cleansing and softening the skin.
`LUSH h-as used calamine powder to calm inflammation and glycerine, which is a rich
`emollient that also helps the skin retain moisture.
`'
`‘
`
`HERBALISM
`Herbalism's “beauty secret" is the rice bran, which gently soaks up excess oil on the skin
`without over—stripping, allowing it
`to clear spots without drying out the" complexion.
`Kaolin and chlorophyll are healing and help to draw out impurities, while the powdered
`herbs help to soothe, heal and have an antiseptic action.“ LUSH’s essential oils blend is
`biased .towards an antiseptic’ action. relieving a congested complexion and promoting
`healing. Ground almonds are added to gently remove dead surface cells gently.
`CAN ALSO INCLUDE TEA TREE TONERITO POINT OUT ONCE AGAIN lE TIME...
`
`CW 0025
`
`

`
`I‘If\I'1'll"I'.If1'l'l" fifl
`
`FRESH HANDMADE
`
`I LOVE JUICY
`
`$7.65 - $22.45
`
`i Love Juicy
`A ‘gentle, yet exceptionally effective shampoo for greasy, and/or product laden ha_ir,
`rehydrates and softens the hair,
`leaving it bouncing with health.
`I Love Juicy is full of raw energy
`because it's made with our revolutiona_ry, organic, enzymic kiwi, pineapple and papaya base. This has
`exceptionally deep cleansing powers and works sumptuously in hard water areas to give your hair a
`healthy shine. That's the fresh fruit bit; the jelly part of the shampoo comes from the carageenan
`seaweed which makes a soft gel to moisturise and soften, unlike other products for greasy hair.
`It
`smells fruitily of the above, plus mango, which is packed with vitamins and nutrients, and lemon and
`orange essential oils.
`
`,
`
`$7.65 - $22.45
`AMERICAN CREAM
`American Cream is a double strength conditioner which still manages to have a light, calming, high
`shine, revitalising effect on your hair. it's based on an American cocktail recipe and smells like a vanilla
`milk shake (LUSH's popular Shimmy Shimmy fragrance). Honey water reduces static to keep your hair
`calm; fresh. organic oranges and strawberries make it shine. There's a touch of clary sage, benzoin
`and lavender fragrance which also helps to keep your scalp in shape. Your hair smells almost edible all
`day after a ‘helping of American Cream; if you have long hair you'll have to resist chewing it, but you
`won’-the able to resist stroking it!
`
`$39.95
`AFTERLIFE
`Created to put something back into the skin, this rich moisturizer contains whole organic mangoes used
`when they areat their freshest to enhance the effects of the nutritional content of the fruit. Mangoes
`are exceptional fruits, packed with potassium and sodium and antioxidant vitamins A & E, as well as
`beta carotene, a precursor to vitamin A. Mangoes are also incredibly moisturizing. LUSH has added
`honey water‘ to the blend ofessential oils of ylang ylang and vanilla, which are extremely soothing,
`calming and balancing on the skin and help to reduceinflammation and redness. The specially
`blended essential oils were chosen for their renowned cell-regenerating properties, helping repair the
`skin, and for their beautiful fragrance. »
`-
`‘
`
`$10.20
`KING OF SKIN
`it is rich in cocoa butter. fresh organic avocado, coconut butter, jojoba oil and
`Extremely soothing,
`almond oil. The reformulated-fragrance of lavender. rose and chamomile area tonic, balance, heal and
`soothe. Excellentas an after sun, skin is silky smooth and deeply moisturised. LUSH has also added
`a touch of gold to make the skin shimmer. Apply to skin during or after shower/bath in a circular
`motion.
`*
`
`$30.95
`ENZYMION
`a
`has
`which
`lemon,
`whole
`- fresh
`contains
`that
`moisturizer
`rich
`A
`vitamin
`tightening/brightening/stimulating effect on the skin, and freshly juiced organic papaya. The enzymatic
`action of the fresh fruit ingredients contained in Enzymion helps to dry up the oils on the surface of the
`skin and is responsible for a matte finish effect. Cold pressed organic‘ oils, including olive oil, avocado
`oil and evening primrose oil, have been added to the formulation for their moisturizing and softening
`properties. Also. they are packed with antioxidant properties including high levels of vitamin E, proteins
`and ‘nutrients that moisturize. LUSH has added aloe vera and evening primrose not only for its
`exceptional soothing and healing properties, but also because it is excellent at relieving irritation so it
`helps balance the stimulant action of the fresh fruits.
`CW 0026
`
`

`
`$9 . 95
`SWEET JAPANESE GIRL
`A new antiseptic facial massage bar that gently exfollates. combats stubborn blocked pores and helps
`tone the facial muscles. The principle behind this product is to gently massage the skin to remove dead
`surface cells and lift off dirt and grime from the surface of the skin which will have dissolved in the oils.
`In addition. the massaging action will help boost the circulation. This bar is an emollient blend of cocoa
`butter, shea butter and palm kernel oil, which have a low melting point so that the butters do not drag
`the skin.
`The blend of tea tree,
`lemon oil and juniper berry oil are antiseptic and antibacterial.
`promoting the deep cleansing action of the product.
`inspired by the mouldsof Japanese sweetmeats,
`hence its name.
`.
`To use: Massage in circular movements, paying attention to the t-zone and chin areas, or where there
`are blocked pores.
`
`$5.25
`HONEY BEE
`its got lushings of
`Notonly does it fizz,
`it positively buzzes with fun. A little honey of a bath treat,
`elps the skin retain water,
`' Nature's most impressive beauty ingredient. Honey moisturises, heals and h
`aloe vera soothes and calms and rhassoul mud is a fantastic deep cleanser that balances the skin.
`Bergamot and sweet orange oil are antidepressants that really uplift the spirits and leave you feeling
`sunny. What else would you expect from a Hone}/Bee?
`
`For further information, digital images or product samples, please contact the LUSH Press Office:
`
`Brandi Hails
`Tel: 1.800.521.9622
`brandi@lush.co'm
`
`I
`
`Jennifer Graybeal
`Tel: 1.800.521.9622
`jennifer@lush.com
`
`CW 0027
`
`

`
`FRESH HANDMADE
`
`GORGEOUS Is ABOUT BEING LIGHT.
`CARELESS, AND FREE!
`
`$70.00
`GORGEOUS Face Moisturizer
`This beauty of a cream is light and full of wonderful essential oils. fruit juices and anti—oxidant rich
`vegetable oils. The oils are cold pressed and organic. which means that it contains no other
`additives, which allowed LUSH to work from a really pure base that also contains Orange blossom
`honey, a very luxurious and light ingredient. Other important ingredients include:
`
`o Olive Oil, made from the pulp of the olive, was added because it's soothing and healing
`on dry sk_in_s.
`0 Cold Rressed Evening Primrose Oil improves the enzyme functions of the body,
`moisturizes dry skin suffering from eczema, psoriasis, and arthritis, increases cell
`functions, and if full of anti-oxidants.
`»
`0 Organic Cold Pressed Avocado Oil is a rich. heavy penetrating Oil great for very dry
`skin.
`it's chock full of vitamins A, D, and E and also contains lecithin, a protein and
`potassium, which help take redness from the skin. This ingredient also helps skin to
`repair itself from sun or climate damage by regenerating the skin and softening the
`tissue.
`a Giycerine was added to hold moisture in the skin and to leave it feeling_super smooth.
`0 Cocount Oil is full of protein, to feed the skin and retain elasticity resulting in a very soft
`and supple complexion.
`‘Fresh Lemon Juice brightens and tones the complexion and helps to balance oily skin.
`o
`o Cold Pressed Wheatgerm Oil comes from the germ Or heart of the wheat. which is full
`of proteins, vitamins and minerals.
`it helps improve circulation and helps the skin make
`new cells. Wheatgerm oil is most effective when it's cold pressed and organic because it
`ensures the Oil is full of its most important nutrients.
`A
`0 Fresh Orange Juice tones, brightens, and energizesduli skin.
`0 Cold Pressed Grapeseed Oil is a fine and very light oil that gives the skin a satiny
`smooth finish.
`'
`I
`Fresh Pineapple Juice has an enzymic action on the skin, tones and brightens the
`complexion, and gives and instant glow to skin.
`'
`’
`-
`o Orange Flower Absolute contributes to the fragrance and aids the skin In retaining
`elasticity reducing the appearance of wrinkles.
`.
`0
`o Neroli'Oil is another all that's great for cell regeneration and for fighting wrinkles by
`maintaining elasticity.
`It has also been scientifically proven to putyou in agood mood.
`o Myrhh Re’si_noid comes from the Arabic word meaning_bitter and heals wounds and is an
`anti-"inflammatory.
`it works wonders on cracked and chapped skin.
`
`o
`
`Gorgeous is the "result of years of research and experience.
`September 2005.
`
`LUSH Fresh Handmade Cosmetics can be found in over 306 locations worldwide with 23 LUSH
`locations across Canada and 17 in the U.S, online at www.lush.com or by calling 888.733.|ush.
`For further information, digital images or product samples, please contact the LUSH Press Office:
`
`It will be available nationwide in
`
`Jennifer DeLucca Graybeal
`' Tel: 800.521.9622 x2
`lennifer@lush.com
`
`Brandi Hails
`Tel: 1.800.521.9622 xi
`brandl@iush.cOm
`
`CW 0028