Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA334257
`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_Part10.pdf ( 7 pages )(7981546 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`FRESH HANDMADE
`
`LUSH AND THE GOLDEN GLOBES
`
`PRES ENTERS BOXE S
`
`Secret Stash ($250.00)
`Enough LUSH treats to make you go weak at the 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: T_isty Tosty Bath bomb, Amandopondo-bubble bar, Alkamaar soap, Sakura bath bomb, 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 Miribilis body butter, 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 Coconut Smoothie
`Shower Wash, Ultimate Shine shampoo bar, Veganese Conditioner.
`
`***Note that this box can be replaced with’ one more suitable for the event should you choose
`LUSH****
`
`AUDIENCE GOODY BAGS (an assortmentof bath bombs)
`
`Butterball. Bath Bomb ($3.95)
`This gorgeous little best-selling ballistic is stuffed with lumps of cocoa butter to condition and soften
`your skin and make it gloriously smooth to the touch. As the Butterball fizzes into oblivion, the" bathroom
`is scented with ylang ylang with a touch of (synthetic) musk and a hint of chocolate from the tiny
`shavings of cocoa butter thatmeit in the water's warmth.‘ Your whole body will be moisturised and
`perfumed beautifully.
`
`Waving N_ot: Drowning ($3.65)
`The best thing aboutihis potent little'bath bomb is that it helps to send you off to the Land of Nodbut
`lets you wake up in the morning feeling refreshed and wonderful, not as if you've been hit on the head
`with a_rnallet. Each small violet-blue ball contains masses of -lavender and fennel oil to calm ‘down the
`mind, to stop worries in th, ‘r tracks, put everything back into perspective. leaving you ready for beddiee
`byes and a good night's sleep. Try a Waving Not Drowning if you have trouble sleeping.
`***Note that if you are interested we might-be able to create a special bath bomb just for the
`Golden Globe goody bags***
`'
`
`' L
`
`USH Fresh Handmade Cosmetics can be found in over 270 locations worldwide with 23 LUSH locations across
`Canada and 11 in the U.S, online at www.iush.com or by calling‘ 888.733.iush. For further information, digital
`images or product samples, please contact the LUSH Press Office:
`
`Jennifer DeLuccaVGraybeal
`Tel: 1.800.521.9622
`]ennifer@lush.com
`
`Brandi Halls
`Tel: 1.800.521.9622
`brandi@lush.com
`
`All Fillmore
`Tel: 1.800.521.9622
`aii@iush.com
`
`CW 0082
`
`

`
` FRESH HANDMADE
`
`PROBLEM SKIN IS NO PROBIJEM FOR LUSH
`
`ACNE/OILY SKIN
`
`$7.65
`COSMETIC WARRIOR Bio Fresh Mask
`Spots are sent to ruin our lives when we are teenagers and test our patience when we are a bit older. They turn on days
`when we have important meetings with anyone we want to impress. So. we made Cosmetic Warrior — to battle them and
`beat them into submission. Take them on with ultra-cleansing garlic, purifying tea—tree oil. soothing honey astringent egg
`whites, caiminggrapes. and kaolin to suck out the dirt from deep within. Cosmetic Warrior 1: Spots 0.
`
`$7.15
`FRESH EARMACY Cleanser
`Fresh _Farmacy is 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. This solid cleansing block. sold by weight. 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 has used calamine powder to calm inflammation and glycerlne, which is a rich emollient that also helps
`the skin retain moisture.
`
`To use: Lather up using warm water and massage onto damp skin. rinsing thoroughly
`
`$30.95
`ENZYMION Moisturizer
`Enzymion is‘ a vitamin rich moisturizer that contains whole fresh lemon, which has a tightenlng/brighteninglstimulating
`effect on theskin. 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.
`
`MATURE SKIN
`
`$9.95
`THE SACRED TRUTH Bio Fresh Mask
`Using a mask for ‘anti-aging effects is very unusual. Sacred. Truth is made using a vast amount of potent fresh ingredients
`that are really cleansing, extremely moisturising and softening and help combat signs of aging. Papaya is enzymatic so it
`dissolves dirt, grime and excess sebum, as well as removing dead skin cells.
`Linseeds. natural yoghurt and honey are
`extremely softening. moisturising and help the ‘skin retain moisture, while shea butter. coconut oil, evening primrose oil
`and lanolin really plump up the skin. The soft. light texture created__from thetalc and kaolin will cleanse and doesn't drag
`on the skin. Fresh eggs help tighten‘ and lift and, in addition, LUSH has added a blend of ginseng. wheatgerm and green
`tea -that are rich in antioxidants t0.help mop up free radicals. Rose and rosewood essential oils are extremely good skin
`tonics and help to stimulate cell regeneration. This’ is one mask you can use as little or as often asyou like.
`
`_$39.95
`Moisturizer
`SKINS SHANGRI LA
`LUSH has formulated a potent antioxidant mix of fresh .seaweed. wheatgrass and sea and spring waters to 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 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_g0od decongestent. 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.
`
`
`LUSH Fresh Handmade Cosmetics can be found in over 306 locations worldwide with 23 LUSH locations across Canada
`and 18 in the US. 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:
`
`Jennifer DeLucca Graybeal
`Tel: 800.521.9622 x2
`
`I
`
`Brandi Halls
`Tel: 1.800.521.9622 x1
`
`CW 0033
`
`

`
`FRESH HANDMADE COSMETICS
`
`SPOTTED!
`“lT GIRL” LINDSAY LOHAN COMES CLEAN WITH LUSH
`
`Earlier this month teen idol. Lindsay Lohan was spotted at LUSH New Orleans
`(407 Decatur St.) picking up a few of LUSH's top selling luxury skin care treats.
`
`After a long day on the set of her latest movie, Just My Luck, Lindsay decided to
`pamper herself by picking up some of her favorite skin care products from LUSH.
`The secret to Lindsay's great looking skin may lie in the products that she
`purchased including the lavender Eau Roma Water facial toner ($13.25), the
`spicy Pied de Pepper foot lotion ($11.20), the deliciously _chocolate Whipstick
`lip balm ($7.95) and the sexy Mirror Mirror neck cream ($19.45). Lindsay
`chatted with the employees and told shop customers how much she‘ loves
`LUSH's best—selling body moisturizer, Dream Cream ($19.95). This‘ however did
`not stop her from trying the new body moisturizer with LUSH's signature
`fragrance, Karma Kream ($22.95).
`
`LUSH Fresh Handmade Cosmetics can befound in over 300 locations worldwide
`with 23 LUSH locations across Canada and 18 in the U.S. including our New
`Orleans
`location at 407 Decatur St. which ‘opened in December 2004
`(504.525.0730). For
`shop details and North American mail order, visit
`www.|ush.com or phone 1.8‘88.733L5874.
`«
`‘
`'
`
`For further information, digital images or product samples, please contact the
`LUSH Press Office:
`'
`
`Brandi Halls
`Tel: 1.800.521.9622
`
`brandi@lush.com
`
`Jennifer Greybeal
`Tel: 1.800.521.9622
`
`Jennifer@lush.com
`
`CW 0084
`
`

`
`
`
`Vancouver, BC (October 6
`this season's sensational r
`e
`heavenly-peace to your holid
`
`needsto do the en
`.
`good-time infkie Iu
`contents: Santa Mon/‘
`at_h
`bomb, Christmas Party ba
`
`
`‘
`
`

`
`
`
`Secret Stash ($245.95)
`Enough LUSH treats to make you goweak at the 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 bath
`bomb, 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 Miribliis body butter, 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 Coconut Smoothie Shower Wash, Ultimate Shine
`shampoo bar, Veganese Conditioner.
`
`Northern Lights ($129.95)
`If you can't make it to Santa's home of Lapland this Christmas then let.Lush
`bring the Northern Lights to you. This truly style gift would look fantastic in the
`bathroom -and is full to the brim of fresh, "natural-, handmade seasonal soaps,
`bath bombs, bubble bars and shower gels. There are also shampoos,
`conditioners, massage barsand skin treats all of which are ideal to light up
`dark winter days and nights.
`Contents: Two Timing Tart bubble bar, A French Kiss bu_bble bar, Mr Butterball bath bomb,
`Party On Balm, Sympathy for the Skin body cream, Angels’ Delightsoap, Snowcake soap.
`Buffy the Backside Slayer body butter, Christmas Party bath bomb, Lush Pud bath bomb.
`Ultimate Shine shampoo bar, Soft Coeur massage bar.
`In the Nude Luxury Bath Melt,
`Coolaulin hair conditioner.
`.
`
`
`
`L
`Santa Baby ($39.95)
`Hurry down the chimney with a, huge box of goodies for me. Santa deserves
`a big kiss for bringing you such a huge box.of goodies. This gift stocks up on '
`all the Christmas soaps, bath bombs, and LUSH holiday treats that will get
`you feeling good, smelling good and'looking good this season!
`Contents: Christmas Cracker bubble bar, Christmas Party bath bomb, Mr. Butterball bath
`bomb, Snowcake Soap, Jlnglespells bath bomb, Christmas Carol bath bor'nb,'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.
`
`0
`
`shop details
`For
`1.888.733.5874.
`
`Brandi Halls
`Tel:1.800.521.9622
`brandl@lush.com
`
`and North American mail order,
`
`visit my\_rv.lush.com or phone
`
`Jennifer DeLucca Graybeal
`Tel: 1.800.521.9622
`j'ennifer@|ush.,com
`
`All Fillmore
`Tel: 1.800.521.9622
`ali@lush.com
`
`CW 0086
`
`

`
`HANDMAD
`
`LtJsH's TOP QUALITY 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!
`
`Enough LUSH treats to make you go weak at the knees: 24 of LUSH’s
`Secretgstash ($235.95)
`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 an_d over again for it!
`'
`Contents: Tisty Tosty'Bath bomb, Amandopondo bubble bar, Alkamaar soap, Sakura bath bomb, 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 Miribilis bodybutter, King ‘of Skin body butter, Ooh
`La La soap, Something Wicked This Way Comes bath melt, French Kiss bubble bar, Fair Trade toot lotion,
`Soft Coeur massage bar, Bare Naked Lady du_sting powder, Blackberry bath bomb, You Snap The Whip body
`butter, Miranda soap, Creamed Almond and Coconut Smoothie Shower Wash. Ultimate Shine shampoo bar,
`Veganese Conditioner.
`'
`
`if you can't make it to Santa's home of Lapland this Christmas then let
`Northern Lights ($129.95)
`Lush.-bring the Northern Lights to you. This truly amazing-and stunningly colourful hat-box style gift
`would look fantastic in the bathroom and is full
`to‘ the brim of fresh, natural, handmade seasonal
`soaps, bath bombs. bubble bars" and shower gels. There are also shampoos, conditioners, massage
`bars and skin’ treats all of whichare ideal to light updark winterdays and nights.
`_
`Contents: Two‘ Timing Tan.‘ bubble bar. A French Kiss bubble bar, Mr Butterball bath bomb, Party On_Balm,
`Sympathy for the Skin body-cream, Angels’ Delight soap, Snowcake soap. Buffy the Backside Slayer body
`V butter, _Christmas Party bath bomb, Lush Pud bath bomb, Ultimate Shine shampoo bar, Soft Coeur massage
`bar, In the Nude Luxury Bath Melt, Coolaulin hair conditioner.
`
`Hurry down the chimney with a huge box of goodies for me. Santa
`Santa Baby ($89.95)
`deserves a big kiss for bringing you such a hugeibox of goodies.’ This gift stock_s upon all the
`Christmas soaps, bath bombs, and LUSH holiday treats that will get you feeling good, smelling good
`' and looking good this seasonl
`Contents: Christmas Cracker bubble bar, Christmas Party bath bomb, Mr. Butterball bath _bomb, Snowcake.
`Soap, Jingle Spells bath bomb. Christmas Carol bath bomb, Lush Pud bath bomb. Sinterklaas bath bomb.
`Angels’ Delight ‘soap, Spice Mountainsoap, Kisseitoes bath bomb, Santa Monica bath bomb, Party On balm.
`Pink Glitter Bug, Red.GIam Rock hair glitter.
`‘
`-
`
`
`For shop details and North American mail order. visit wvvw.lush.com or phone 1.888.733.5874. For further information,
`digital images or product samples, please contact the LUSH Press Office:
`
`Brandi Halls
`Tel: 1.800.521.9622
`brandi@lush.com
`
`Jennifer _Grayb_eal
`Tel: 1.800.521.9622
`Jennifer@lush.com
`
`Ali Fillmore
`Tel: 1.800.521.9622
`ali@lush.com
`
`CW 0087
`
`

`
`FRESH HANDMADE
`
`LUSH SAVES SUMMER SKIN
`
`$6.95
`AMBROSIA
`This shave gel is a gentle, lightweight lotion that contains linseed gel and cocoa butter to
`help soften hair allowing for a closer shave. To soothe and reduce redness. LUSH has
`blended antiseptic honey with calming and moisturizing oat milk, humectant glycerine
`and cold pressed organic jojoba oil for its verytine texture that resembles the skin's own
`natural oils.
`There is also calming chamomile which is anti-inflammatory and eases
`puffiness. Great for women as well.
`To use: Do not expect a lather. Smooth over area and gently glide razor in the
`direction of growth.
`
`$39.95
`SKINS SHANGRI LA
`LUSH has formulated a potent antioxidant mix of fresh seaweed, wheatgrass and sea
`and spring waters to help detoxify and remineralize the skin. To maintain a healthy
`complexion, there's jojoba, which is excellent for the face as it resembles the skln‘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 ab-solute is a good decongestant. A heavenly moisturizing cream that contains
`rosemary lips macerated’ in vodka. known as Queen of Hungary water. for the
`"miraculous" rejuvenating effects that aid skin’ repair.
`
`
`LUSH Fresh Handmade Cosmetics can be found in over 306 locations worldwide with 23 LUSH
`locations across Canadavand 17 in the us. online at www.lush,com or by calling 888.733.lush.
`For further information, digital images or product samples, please contact the LUSH Press Office:
`
`Jennifer Del.ucca Graybeal
`Tel: 800.521.9622 X2
`jennifer@lush.com
`
`Brandi Halls
`Tel: 1.800.521.9622 X1
`brandi@lush.cotn
`
`CW 0088