Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA334255
`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_Part9.pdf ( 7 pages )(6414430 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`

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`HANDMAD
`
`HOLIDAY GIFT BOXES
`
`
`To ease the stress of the holiday season, LUSH has created a series of gifts packed with festive
`products suitable for everyone’s pocketbook. Now the tough ‘part is choosing which gifts you'll give
`to each person on your list!
`
`FOR
`
`THE
`
`BLUE
`
`OR
`
`ORANGE
`
`BLACK GIFTS
`BACKGROUND ;
`Enough LUSH treats to make you go weak at the
`Secret Stash ($245.95)
`knees: 24 of LUSH's favourites, so if you can't decide on a few products and want
`to spoil that special LUSH fan, then go for the secret stash — they will love you over
`and over and over again for it!
`Contents: Tisty‘Tosty Bath bomb, Amandopondo bubble bar, Alkamaar soap, Sakura bathbomb,
`Softy bath bomb, Auntie Pamela bubble bar, Floating Island bath melt, Shimmy Shimmy bath melt,
`Dream Cream body lotion, Fever massage bar, Soft Touch body butter, Aqua Mlribilisbody butler,
`King of Skin body butter, Ooh La La soap, Something Wicked This Way Comes bath melt, French
`Kiss bubble bar, Fair Trade foot lotion, Soft Coeur massage bar, Bare Naked Lady dusting powder,
`Blackberry bath bomb, You Snap The Whip body butter, Miranda soap, Creamed Almond and. Co_conut Smoothie
`Shower Wash. Ultimate Shine shampoo bar, Veganese Conditioner.
`~
`
`Hurry down the chimney with a huge box of .goodies for
`Santa Baby ($89.95)
`me. Santa deserves a big "kiss for bringing you such a huge box of goodies. This
`giftstocks up on a|l.the Christmas soaps, bath bombs, and LUSH holiday treats
`that will get you feeling good, smelling) good an_d looking good this season!
`Contents: Christmas Cracker bubble b_ar. Cliristrnas Partybath bomb, Mr. Butterball bath bomb,
`Snovilcake‘ soap, Jingle‘ Spellsbaih bomb, Christmas Carol bathhbomb, Lush Pud bath bomb.
`Slnterklaas bath bomb, Angels’ Delight soap. Spice Mountain soap, Klsseltoes bath bomb, Santa
`Monica bath bomb, Party On balm, Pink Glitter Bug, Red Glam Rock hair glitter.
`
`:
`»
`
`
`
`
`
`RED GIFTS FOR THE RED BACKGROUND:
`Golden Friendsy ($64.95)
`Your friends will endlessly thank you'for this gift!
`There's a frenzy of glittery fun,
`there. are heart~warming self-induigences and I‘
`soaps and bombs to prove to them just how much you appreciate their friendship.
`Contents: Hot Toddy bubble bar. Jingle Spells bath bomb, Spice Mountain soap, Sinterkiaasbath
`bomb, Golden Glitterbug glitter bar, Mr. Butterball bath bomb, Golden Moon soap, Christmas Party
`bath bomb, Christmas Cracker bubble bar, Kisseltoes bath bomb.
`
`1
`
`‘
`
`a spicy selection of seasonal treats to warm and invigorate
`Yule Dude ($18.95)
`on a cold winter's morning. Containingstimulating Freeze shower gel an_d zesty
`Spice Mountain soap to provide a truly awakening shower. Seasonally scented
`lime oil, orange oil and cinnamon leaf combine to gently cleanse, help to eliminate
`toxins and generally combat exhaustion —- perfect for the morning after the night
`
`.
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`cw_ 0075
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`before! Also containl_ng Ambrosia shaving cream and the festive favourite Lush Pud bath bomb.
`BLUE GIFTS FOR THE BLUE BACKGROUND:
`Christmas Eve gift set ($86.95)
`There's always been something magical about
`Christmas Eve, when excited children struggle to sleep as thoughts of Santa and
`his helpers, Rudolf and snow dance tantalizingly in the mind. This gift epitomizes .
`such exhilaration and ties it all up in a big gold bowl Laden with many twinkling
`sensual treats, including body butters, iridescent bath melts, glittery ballistics and '
`sparkly soaps it's certain to prolong the Christmas Eve feeling all the way through
`to New Year! Contents: Noriko soap, The Soft Touch body butter, Something Wicked This Way
`comes bath melt, Bathos bubble bar, Melting Marshmallow Moment luxury bath melt, Ultimate
`Shine shampoo bar, Christmas Party bath bomb, Mr Butterball bath bomb‘, "Buffy the Backside .
`Slayer body butter, Coolaulln hair conditioner, Snowcake soap. A
`
`
`
`»
`
`everyone dreams ofa white Christmas, so why not
`Snow Wonder ($49.95)
`make them come true by treating your loved ones to this winter wonderland
`pamper-fest of a gift set. Containing seasonal favourites including bombs full of
`skin healing essential oils; glamorising glitterbugs to emulate theyparty season's
`must-have looks and relaxing bubble. bars to soak weary limbs after excessive
`merriment! With all this on offer, it's snow wonder you want one!
`Contains: Christmas Carol bath bomb, Christmas Party bath" bomb, Freeze shower gel, lr/descent
`Glitterbug, Snowcake soap, Kissletoes bath bomb, Santa Monica bath bomb, Amandopondo bubble
`bar.
`
`;
`
`,_
`‘ :
`
`“We're not having a big Christmas this year." So
`Little Christmas ($10.95)
`have a little .onei This little duo is perfectfor that little something you want to give
`the host. leave on aco-workers desk or to give yourkind mail carrier or movie
`rental clerk who saves you the last copy of the best new release for that dreary
`cold night.
`_
`Contents: Christmas Cracker bubble bar, Mr. Butterball bath bomb.
`
`_
`
`.
`
`LUSH fresh handmade cosmetics can be found in over 270 locations world-wide including 23 locations in Canada and 9
`in U.S. that include San Francisco, Santa Monica, Boston, Washington‘ D.C., New York City. Portland, Honolulu, and
`Orlando. Excitingly, LUSH is scouting more sites to open in U.S. For shop details and North American mail order, visit
`.www.lush.com or phone 1.888.733.5874.
`
`CW 0076
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`

`
`Brandi Halls
`Tel: 1.800.521.9622
`brandiu@lush.com
`
`Jennifer DeLucca Graybeal
`Tei: 1.800.521.9622
`jennifer@lush.com
`
`Ali Fillmore
`Tel: 1.800.521.9622
`ali@|ush.com
`
`CW 0077
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`%FRESH HANDMADE
`
`HERE'S THE SKINNY oN LUSH’S
`
`‘SKINCARE!
`
`LUSH's pioneering approach to skincare marks an exciting evolutionary high point in "natural beauty."
`Each cleanser, toner and moisturizer contains “natural" ingredients — carefully blended plants, flower
`absolutes and the finest essentialoils.
`in addition.
`in selected products LUSH has incorporated
`fresh, organic, nutritious fruits andvegetables in their whole form to harness the antioxidant,
`protective benefits of the vitamins, minerals, proteins and enzymes.
`
`For twenty years the founders of LUSH have explored skincare regimes, evaluating the complexions
`of people all over the world, from the Arctic Circle to Queensland's beaches, and collating information.
`The result of a lifetime spent considering the skin - discussing (sometimes arguing) with leading
`experts in all fields of living tissue, studying, experimenting, working with ingredients. developing
`formulations, testing (on humans) and debating within the company — is encapsulated in a practical
`series of cleansers, toners and moisturizers developed for real people with real lives.
`
`“We don't aim to create products limited to a ‘skin type‘, we aim to create products that respond to a
`skin's needs.
`Also, we believe peoplealready have a clear idea of the way they want their skin to
`feel, how-they want to care for‘ it and how they want to clean it. They rely on us to create these
`effects‘, and we do it through attention to every tiny detail, even the fragrances used in the range are
`formulated for the effect on the skin and the senses."
`
`CLEANSERS
`
`ANGELS oN BARE SKIN
`weight, $8.15 for 3.592.
`A fragrant, deep cleanser andexfoliant with balancing properties. Leaves skin feeling soft and
`moisturized. This one is a faclal_ cleansing “clay/‘ containing kaolin and ground almonds, to help draw
`out impurities and polish theskin, together with glycerine, which is a humectant, and helps-fto retain
`water on the skin.
`Th_e blend of essential oils are soothing. healing and balancing and help
`encourage cellregeneration. international best-selling product.
`To user" Use a dirne—sized dollop gently massaged onto wet skin, concentrating on the T-zone
`
`Sold_
`
`by
`
`$15.50
`
`OCEAN SALT
`4.202. or $27.95 8.802
`A stimulating, foaming cleanser with a vigorous polishing action that removes dead surface skin and
`detoxifies, leaving the skin glowing. This one is a cream-based facial scrub made with both coarse
`and finer sea salts to help invigorate the skin as well‘ as exfoliate. The granules of salt themselves
`contain minerals which are beneficial to theskin. Contains fresh lime crushed in vodka to wash away
`excess oils on" the skin, organic avocado butter and cocoa butter to soften and fresh grapefruit
`infusion. which has an a stimulating, tonic action on the skin and washes away oils. Ocean Salt’s
`blend of oils include seaweed absolute, lime oil and violet leaf absolute to promote its cleansing. tonic
`and detoxifying action. Ocean Salt is now available in a larger size for use all over the body.
`
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`To use: Scoop out, add water and gently massage in circular movements.
`TONER
`
`TEA TREE WATER
`
`$13.25
`
`Fresh smelling. with astringent, 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.
`’
`
`FACIAL MOISTURIZERS
`ENZYMION (for oily skin)
`$30.95
`a
`has
`which
`lemon,
`fresh
`whole
`contains
`that
`vitamin
`rich moisturizer
`A
`tightening/brightening/stimulating effect on the skin, and freshly juiced organic papaya. 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.
`'
`
`SKIN’S SHANGRI LA (for dry skin)
`
`$39.95
`LUSH has formulated a potent antioxidant mix of fresh seaweed. wheatgrass and sea and spring
`waters to helpdetoxlfy and remineralize the skin. To maintain a healthy complexion, there's jojoba.
`which is excellent for the face as it resembles the skin's own natural oils. Skin's Shangri La also
`contains a richly moisturizing and emollient blend of lanolin, beeswax. organic cocoa’ butter and cold
`pressed organic almond oil, which has antioxidant vitamins.‘ its essential oils blend of vanilla absolute
`calm and soothe and violet leaf absolute is a good decongestant. A heavenly moisturizing cream that
`contains rosemary tips macerated in vodka. known as Queen of Hungary water. for the" "miraculous"
`rejuvenating effects that aid skin repair.
`(This process dates back to the 14"‘ century when 72year
`old Queen Isabella of Hungary used the concoction to" restore her strength and beauty enough to
`snare the King of Poland.)
`‘
`'
`—
`-
`
` ?_<____
`.LUSH fresh handmade cosmetics can be found in over 270 locations world-wide including 23 locations in
`Canada and.12 in U.S. Excitingly, LUSH is scouting moresites to open in U.S. For shop details and North
`
`American mail order, visit www lush.com or phone 1.888.733.5874.
`
`CW 0079
`
`

`
`Brandi Halls
`Tel: 1.800.521.9622
`brandi@Iush.com
`
`Jennifer DeLucca Graybeal
`Tel: 1.800.521.9622
`jennifer@lush.com
`
`Ali Fillmore
`Tel: 1.800.521.9622
`ali@lush.com
`
`CW 0080
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`

`
`FRESH HANDMADE
`
`LUSH FACIAL MUST-HAVES
`
`$15.50
`OCEAN SALT CLEANSING scene
`This stimulating, foaming facial cleanser contains a vigorous polishing action that helps remove dead_ skin and detoxifies,
`leaving the skin glowing. The granules ofpsalt themselves contain minerals which are beneficial to the skin. Fresh lime
`crushed in vodka washes away excess oils on the skin. org_anic avocado butter and cocoa butter soften and fresh
`grapefruit infusion, which has a stimulating, tonic action on the skin and washes "away oils. Ocean Salt‘s blend of oils
`include seaweed absolute, lime oil and violet leaf absolute to promote its cleansing, ionic and detoxifying action. To use:
`Scoop out, add water and gently massage in circular movements.
`
`$8.15
`CLEANSING ROLL
`ANGELS ON BARE SKIN
`Afragrant, deep cleanser and exfoliant with balancing properties, Angels on Bare Skin leaves the face feeling soft and
`moisturized. The facial cleansing "clay" containing kaolin and ground almonds. help draw out impurities and polish the
`skin, ‘together with glycerine. which is a humectant and helps to retain water on the skin. The blend of essential oils are
`soothing. healing and balancing‘ and help encourage cell regeneration. To use: Use a dime-sized dollop gently
`massaged onto. wet skin, concentrating on the T-zone.
`
`$10 . 2 0
`COALFACE CLEANSING BAR
`This one is a distinctive black face soap-originally created by LUSH in a co-promotion for the re-released “Annie Hall" film.
`Contains liquorice for its anti-inflammatory properties and cleansing charcoal, which helps to absorb excess sebum on the
`surface of the skin. while gently exfoliating. The blend of essential oils that includes sandaiwood_and rosewood has
`antiseptic and bactericide properties and is ideal for all skin types and particularly beneficial for_skin's prone to breakouts.
`in addition, sandalwood oil is extremely soothing, relieves itching and helps to reduce sebum production, while rosewood
`oil is useful in treating acne, but has a gentle non-irritant nature making it perfect for sensitive skins.
`
`$39 . 95
`SKINS SHANGRI-LA
`LUSH has formulated a potent antioxidant mix of fresh seaweed, wheatgrass and sea andspring watersgto help detoxify
`and remineralize the skin. To maintain a healthy complexion, there's jojoba, which is excellent for the face as it
`’
`resembles the skin's own natural oils. Skin's Shangri La also contains'a richly moisturizing and emollient blend of lanolin,
`beeswax, organic c_ocoa butter and cold pressed organic almond oil, which has antioxidant vitamins. its essential oil blend
`of vanilla absolute calm and soothe while violet leaf absolute decongests. A heavenly moisturizing cream that contains
`rosemary tips macerated in vodka, known as Queen of Hungary water, for the “mlracuiou_s" rejuvenating e_ffects that aid
`skin repair.
`
`$17.25
`CELESTIAL
`-A gentle and calming facial moisturiser to help even the most sensitive of skins. From our extensive experience in
`working in cosmetics and perfumery, we have been able to scent Celestial with calming.van_ili'a and orchid’ extract both of
`which ar.e calming and comforting for the skin. Also formulated with almond milk, glycerine and cocoa butter__whlch are
`excellent skin moisturizers that will not adi/erse,ly affect the balance of the skin's own micro flora. The slightly waxy texture
`also helps create a barrier effect against the elements.
`»
`
`$13 . 25,
`EAU ROMA WATER TONER
`A gentle, 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.
`
`' L
`
`USH Fresh Handmade Cosmetics can be found in over 280 locations worldwide with 23 LUSH locations across Canada
`and 16 in the U.S. online at www.iush.com or by calling 888.733.lush. For further information, digital images or product
`samples, please contact the LUSH Press Office:
`
`Jennifer DeLucca Graybeal
`Tel: 1.800.521.9622 x3
`jennifer@lush.com
`
`Brand_i Halls
`Tel: 1.800.521.9622 x4
`brandl@iush.com
`
`CW 0081