0
`
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`
`TTAB
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 76/538,792
`
`Published in the Official Gazette on May 25, 2004
`
`GENESIS W. E. COMPANY,
`
`Opposition No.
`
`B&G EQUIPMENT COMPANY, Applicant.
`
` r
`
`’
`
`v_
`
`I hereby certify that on June._/CI, 2004, this paper is being
`deposited with the U.S. Postal Service by “Express Mail Post
`Office to Addressee” service with Express Mail Label No.
`ED027952583US for delivery to the Commissioner for
`Trademarks, Box 'l'l'AB Fee, 2900 Crystal Drive, Arlington,
`VA 22202-3
`
`Tricia Trevino
`
`NOTICE OF OPPOSITION
`
`Opposer Genesis W. E. Company (“Opposer”) believes that it will be damaged by registration
`
`of the mark shown in Application Serial No. 76/538,792 (“‘792 App.”), and hereby opposes the same.
`
`As grounds for opposition, Opposer alleges as follows:
`
`1.
`
`Opposer is a Nevada corporation with its principal place of business located at 774
`
`Mays Boulevard, Incline Village, Nevada 89451.
`
`2.
`
`Opposer is a Nevada-based biotech corporation that is in the business of
`
`manufacturing, marketing, and distributing environmentally friendly substitutes for such toxic items as
`
`pesticides, fertilizers, and cleaners.
`
`3.
`
`Opposer markets and offers its products for sale on an international basis through its
`
`www.genesiswe.com website, excerpts of which are attached hereto as Exhibit A.
`
`4.
`
`One of the products Opposer manufactures, markets, and distributes is a product
`
`‘
`
`,
`
`ovauaooe muons: oooooosa mama»
`
`1
`
`i
`
`*
`
`The
`
`E
`
`E
`
`06-21-2004
`U.8. Plum & TMOVCITM Mall Rep! D1. #22
`
`

`
`named “MicroFoam,” which is designed to eliminate fruit flies and other small flies. MicroFoam is the
`
`derivative of a previous Opposer product, DFM 32x.
`
`5.
`
`On December 11, 2001, the Opposer and Applicant B&G Equipment Company
`
`(“Applicant”) executed an exclusive distributor agreement (“Agreement”), which is attached hereto as
`
`Exhibit B.
`
`6.
`
`Opposer created, adopted and used the MicroFoam Mark (the “Mark”) in the Fall of
`
`2001 to identify Opposer’s MicroFoam product, which Applicant was obligated to distribute under the
`
`Agreement. Applicant had nothing to do with the creation of the product or the Mark, and it was
`
`always understood that Opposer would be the owner of that Mark. This is confirmed by Articles 1.1,
`
`2.1-2.2 of the Agreement, as well as emails between the parties, a press release, and MicroFoam
`
`advertising material, attached hereto as Exhibits C-E.
`
`7.
`
`Pursuant to the Agreement, Opposer agreed to appoint Applicant as the exclusive
`
`distributor for the marketing and sale of Opposer’s MicroFoam products in exchange for Applicant
`
`purchasing MicroFoam products, and using its best efforts to promote and distribute these products.
`
`Exhibit B.
`
`8.
`
`Pursuant to Article 1.1 of the Agreement, MicroFoam is described as “Company’s
`
`[Opposer’s] product commonly known as DFM 32x, reformulated so as to foam.” Exhibit B. Article
`
`3.1 of the Agreement granted Applicant marketing rights in MicroFoam subject to the provisions of
`
`Article 1.1. Li.
`
`9.
`
`Articles 2.1 and 2.2 of the Agreement state that Opposer is the owner of all rights, title
`
`and interest to all copyrights (2.1), trademarks (2.2), and patents (2.2) related to the MicroFoam
`
`2
`
`

`
`I”
`
`products. Exhibit B.
`
`10.
`
`Numerous problems arose with Applicant’s performance during the Spring and
`
`Summer of 2002, resulting in substantial lost sales. Specifically, Applicant failed to provide reports on
`
`its marketing and distribution activities, delayed sending samples of MicroFoam to potential purchasers
`
`and customers, failed to place advertisements for MicroFoam in trade journals and failed to put forth
`
`the required marketing effort under the Agreement. These failures to perform, combined with Applicant
`
`firing its national sales representative, use of poor quality foamers and other reasons, caused orders for
`
`MicroFoam to drop by approximately 50% in the second year of the Agreement.
`
`1 1.
`
`In May of 2003, Opposer further learned that Applicant’s new sales representatives
`
`were providing sub-standard sales presentations of MicroFoam to major companies such as Terminix
`
`International, Inc. (“Terminix”). Terminix eventually refused to buy MicroFoam from Applicant partially
`
`for this reason. Opposer also learned that the head sales representative for Applicant had told Terminix
`
`it should not buy certain Opposer products because Applicant could sell similar products to Terminix at
`
`a cheaper price. Opposer informed Applicant of these problems and breaches of the Agreement, but
`
`sales remained dismal.
`
`12.
`
`In August of 2003, Applicant admitted that it had been shopping Opposer’s products,
`
`that it had done no independent advertising for MicroFoam during 2003, and that it had stopped selling
`
`MicroFoam to certain major customers.
`
`13.
`
`After advising Applicant on numerous occasions that it was in breach of the Agreement,
`
`and giving Applicant numerous opportunities to cure these breaches, Opposer terminated the
`
`Agreement in an August 28, 2003 letter, attached hereto as Exhibit F.
`
`3
`
`

`
`14.
`
`In the late Fall of 2003, Opposer learned that Applicant was considering selling a
`
`competing MicroFoam product. As a result, Opposer sent a cease and desist letter to Applicant,
`
`which is attached hereto as Exhibit G.
`
`15.
`
`At the beginning of February, 2004, Opposer learned that Applicant had filed the ‘792
`
`App. for “MicroFoam.” Exhibit H. As shown on Exhibit H, the ‘792 App. was filed on August 21,
`
`2003, just 7 days prior to Opposer’s termination letter. Q Also, the ‘792 App. lists a date of first use
`
`and first use in commerce as February 14, 2002, which was subsequent to Opposer’s adoption and
`
`use of the Mark, after the execution of the Agreement expressly stating that Opposer was the owner of
`
`the Mark, and during the contractual relationship between the parties. This application was published
`
`for opposition on May 25, 2004.
`
`16.
`
`On approximately February 22, 2004, Opposer also became aware that Applicant was
`
`offering “MicroFoam II” for sale on its website www.bgeguip.com in violation of the Lanham Act and
`
`the Agreement’s covenant not to compete. True and correct excerpts from Applicant’s
`
`www.bgeguip.com website showing its advertisement and offering of sale of MicroFoam II are
`
`attached hereto as Exhibit 1. Not only is the mark the same as Opposer’s Mark, but the stylized
`
`lettering and coloring are virtually identical as well. Compare Exhibits A and I.
`
`17.
`
`Opposer’s MicroFoam business has been damaged as a direct result of Applicant’s
`
`breaches of the Agreement, and its wrongful sale of its competing “MicroFoam 11” product in the
`
`marketplace. Opposer is only making on average $100 to $200 dollars per-month in sales of
`
`MicroFoam during what is now the height of fly season.
`
`///
`
`

`
`18.
`
`Applicant’s unauthorized use of its infringing MicroFoam Mark creates a likelihood of
`
`confusion, mistake and deception as to the affiliation, connection, association, origin, sponsorship or
`
`approval of its goods and services by or with Opposer’s MicroFoam product, all to Opposer’s
`
`irreparable loss and damage.
`
`19.
`
`On June 15 , 2004, Opposer filed a Complaint and Motion for Preliminary Injunction
`
`against Applicant in the United States District Court for the District of Nevada. This action is styled:
`
`Genesis W. E. Company v. B&G Equipment Company, Case No. CV-N-04-0308-HDM-VPC.
`
`FIRST CLAIM FOR RELIEF
`
`{Likelihood of Confusion with Previously-Used Trademarks)
`
`20.
`
`Opposer repeats, realleges and reiterates each and every paragraph set forth above as
`
`if fully set forth herein.
`
`21.
`
`The mark shown in the ‘792 App. so resembles Opposer’s Mark as to be likely,
`
`when used on or in connection with the goods identified in the ‘792 App., to cause confusion, to cause
`
`mistake, or to deceive, and Applicant’s mark is thus unregisterable under § 2(d) of the Lanham Act, 15
`
`U.S.C. § 1052(d), as amended.
`
`22.
`
`Opposer will be damaged by registration of the mark shown in the ‘792 App. because
`
`registration of the mark would give Applicant prima facie evidence of ownership of, and exclusive right
`
`to use in commerce, a mark that is confusingly similar to Opposer’s Mark.
`
`WHEREFORE, Opposer prays for the entry ofjudgment sustaining this Opposition and
`
`refusing registration to Applicant of the mark shown in the ‘792 App.; and that prosecution of the ‘792
`
`App. be stayed pending resolution of the outcome of the litigation referenced in Paragraph 19 above.
`
`5
`
`

`
`A duplicate copy of this Notice of Opposition, with exhibits, and the filing fee of $2,100 are
`
`enclosed. Please direct all correspondence in connection with this Opposition to the undersigned.
`
`Dated: June,Z 2004
`
`Respectfully Submitted,
`
`n‘
`«// , /»/7,
`By: f/V
`Matthew D. Francis
`
`WATSON ROUNDS
`
`5371 Kietzke Lane
`
`Reno, Nevada 89511
`
`(775) 324-4100
`
`Attorneys for Opposer
`
`Genesis W. E. Company
`
`

`
`Welcome to Genesis W. E. Company, GenesisWE.com
`
`Page 1 of 1
`
`
`
`Welcome Food Service Operators!
`This is your own special section of our website.
`Begin by clicking on the product of interest.
`Please do not hesitate to contact us for assistance at
`
`
`
`
`
`info@genesiswe.com - thanks for dropping by!
`
`
`Av/cralioum pg/crafloor Avriarallrain Arr/an
`
`Part of our MicroFoam Suite:
`A mop-up compliment
`to MicroFoam.
`
`Part of our MicroFoam Suite:
`A drain—line system.
`Keeps drains clear!
`
`P3“ °f °'-"' Mi
`Keeps 9"e3'-*7‘
`
`foam Away My Pivotal: ‘ARI
`This is our premier product, and the
`leader in the elimination of fruit flies
`and other small flies. Best of all, it is
`completely nontoxic. MicroFoam truly
`is a microbial marvel!
`
`
`
`Spanis
`
`French Gerrnan Italian Japanese Chinese Korean
`
`Genesis W. E. Company
`774 Mays Blvd. #10-449 Incline Village, NV 89451
`775-782-9485 International Voice 775-703-2362 international Fax
`888-781-3100 USA Toll Free Voice & Fax
`
`http://www.genesiswe.com/
`
`6/ 1/2004
`
`

`
`genesiswe.com - Products
`
`Page 1 of 3
`
`
`
`All of our products are non-toxic, environmentally
`beneficial, and 100% Guaranteed! And, Shipping
`is FREE! Click here for details!
`
`Click Here For FREE Copy of
`A "The MicroFoam Suite Small Fly Control Program"
`— a 26 Page Booklet.
`
`www.genesiswe.com
`
` Click here to see
`
`what people are
`saying about
`MicroFoam!
`
`(Pdf'148l<D)
`
`MicroFoam | MicroFloor | Microorain | MicroTrap
`
`home | products | customers | contact us | specials | employment |
`
`login
`
`av/crafoum ‘ii
`
`§fioaIuA¢uny nypaoaeauo nut:
`
`§Internet Start Up
`{Three 4 ounce bottles of concentrate
`Z(each bottle makes 4 quarts of ready
`Eto foam liquid), including a FREE
`3 Genesis Quart Foamer.
`
`“Trial Kit
`One 4 ounce bottle of MicroFoam, one
`2 ounce sample size bottle of
`MicroFloor, and a FREE Genesis Quart
`Foamerg
`
`fie-O;-def price
`One 4 ounce bottle of concentrate
`makes 4 quarts of ready to foam
`MiCl’0F0am!
`
`Genesis Quart Foamer
`Portable, automatic, air-compressed,
`hand-operated sprayer, with the
`Genesis patented foaming tip. This is
`not a foamer that you use once or
`twice and then throw away. It will last
`for many years with reasonable care.
`
`7
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`2
`
`'§"‘——'§‘
`
`
`
`_
`_
`M.!§EQE9§£!‘~§!U§LP_9.‘.U$§
`(5h°CkW3Ve H35“
`Object-68.2kb)
`
`Aeeligatiqn.lns_ttu.cti9.r1§
`>8¢§D-5 (PDF'37okb)
`
`Bottle Label
`(PDF-385kb)
`
`Irlflzgbgg
`(Sh0CkwaVe Flash
`Obiect-1.345%)
`
`If You need to update
`your Acrobat Reader
`to bring the above
`documents up, just
`click here!
`
`Contact us for more info:
`info@genesiswe.com
`
`lniarafloor
`
`llnternet Start Up
`5 Four 16 ounce bottles of concentrate. Makes
`fover 380 gallons of ready to use commercial
`f strength microbial floor cleaner.
`
`3Mini-Bottle Case
`I An alternative packaging and formulation that
`zallows you the ease of one full 2 ounce bottle per
`" mop-up. One case has thirty-two 2 ounce
`bottles. It's portion controlled.
`
`
`
`Mi_croFloor Bullet Points
`(Shockwave Flash
`Object-67.7kb)
`
`Application Instructions
`§_MSDS (PDF_504kb)
`
`$103.50
`
`90,Day
`supply
`
`$49.00
`30-Day Supply
`& a MicroFloor
`Sample
`
`$34.50
`30-Day Supply
`
`$35.00
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`$118.00
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`$58.00
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`Bu
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`BI
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`B:
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`Trial Kit
`One 4 ounce bottle of MicroFoam, one 2 ounce
`sample size bottle of MicroFloor, and a FREE
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`
`$49.00
`One bottle of
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`
`http://www.genesiswe.com/products_main.htm1
`
`6/1/2004
`
`

`
`genesiswe.com - Products
`
`Page 2 of 3
`
`Re-Order Price
`One 16 ounce bottle of MicroFloor concentrate.
`
`$29 50
`
`BI
`
`Bottle Label
`
`(pomolkb)
`___._Y_6_l’
`Info Fl
`(PDF-660kb)
`
`If you need to update
`your Acrobat Reader
`to bring the above
`documents up, just
`click here!
`
`Contact us for more info:
`info@genesiswe.com
`
`fiaricrallruin
`
`llnternet Start up
`3 180-Day Start Up Kit, includes 2
`E bottles of concentrate, 1 Microorain
`‘; Delivery System and FREE Installation
`
`_
`
`.. . _j One 4 ounce bottle of MicroDrain
`concentrate.
`
`in specific areas! 3Re-Order Price
`
`
`$330.00
`180-Day
`supply
`
`$55.00
`90-Day
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`
`Bi
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`Bl
`
`MicroDrain Bullet Points (Shockwave Flash Object-68.8kb)
`
`Program Instructions & MSDS (PDF-525kb)
`
`Delivegg System Installation (PDF-92kb)
`
`Bottle label (PDF-712kb)
`
`Info Flyer (PDF-660kb)
`
`If you need to update your Acrobat Reader to bring the above documents up, just click here!
`
`Contact us for more info:
`info@genesiswe.com
`
`http://www.genesiswe.com/products_main.html
`
`6/ 1/2004
`
`

`
`
`
`Elnternet Start Up
`332 ounce, 90-Day Start Up
`;Kit, includes an additional
`‘;BioPak (total is two 32 ounce
`§BloPaks) for a double dose
`purge of system!
`
`MicroTrag Bullet Points
`(Shockwave Flash
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`
`‘Re-Order Price
`" One 32 once BioPak.
`
`Internet Start Up
`80 ounce, 90-Day Start Up
`Kit, includes an additional
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`L‘-45-0-5 (PDF'521kb)
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`dose purge of system!
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`$125.50
`90-Day
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`interior and
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`
`$75.50
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`
`$180.00
`90-Day Supply for
`exterior traps of
`
`Re-Order Price
`One 80 ounce BloB|ok.
`
`'
`
`$155.00
`90-Day Supply
`
`Egg (PDF'2S6kb)
`
`Info Flyer (PDF-560kb)
`
`If you need to update
`your Acrobat Reader
`to bring the above
`documents up, just
`click here!
`
`Contact us for more info:
`info@genesiswe.co_rg
`
`Page 3 of 3
`
`Bu
`
`Bu
`
`Bu
`
`Bu
`
`Genesis W. E. Company
`774 Mays Blvd. #10-449 Incline Village, NV 89451
`775-782-9485 International Voice 775-703-2362 International Fax
`888-781-3100 USA Toll Free Voice & Fax
`
`http://www.genesiswe.com/products__main.html
`
`6/1/2004
`
`

`
`Page 1 of 1
`
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`
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`
`eliminates lly breeding sources,
`
`all go! Spray all lhe possible
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`
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`
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`
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`
`bial mix can’! be liilled. Bleach, ammonia, allies cleaners, as
`peslicisles can’! kill it Males you lliinl; ls your lsia-pradud
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`
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`http://genesiswe.com/documents/mfbulletpoints.swf
`
`V
`
`6/ 1 /2004
`
`

`
`in/2'/afoum
`
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`foam, Away fly I’/aliens last!
`
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`
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`Clean
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`
`
`
`
`
`lndrvcilons For Ila: Shaka will , Add Water
`is a super concentrated, non-toxic, multi-purpose, ‘mirro-
`Mirrofaam
`
`is unsurpassed in eliminating organic residue that promotes
`rleoner.” it
`insect infestations, while controlling odors and drain-line build up.
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`["5]-uni sulfate flea“
`
`
`
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`rnnnenou For um sidu well, Add Vlrnet
`is a super concentrated, non-toxic, multi-purpose, "micro-
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`
`
`
`cleuner." It is unsurpassed in eliminating organic residue that promotes
`insect infestations, while controlling odors and drain-line build up.
`
`
`loan Army fly P/altars incl!
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`Fordnin-lines. spny,pouorimt4oL(rr'éed)irtoetdrduinorI1aannthorasrreeded.
`licensed spray tedrnicians may mix with wettahle adulticide (4 grams/gallon).
`union llmprtritrdrerttirddtrldrer1.Do not apply directly to drinking water or
`
`drinking water receptudes. Sturein rnol dryorea Domtlreezeormed 110 degrees
`
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`
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`
`
`
`
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`
`
`
`GENESIS puts you in control of flies!
`
`/It/2’/’6F0(lIlI
`
`.- 6
`97-’
`in J‘
`9-
`mi
`
`.§°.'l..9§.l§..
`
`Instructions for
`APPLICATION
`
`C
`
`leanin for Fl Control
`
`leftover foam.
`
`1.
`
`Identify the "hot spots." Look for areas of
`infestation in the more obvious places first, such
`as drains, bars, garbage areas, tile grout, hard to
`reach kitchen areas, and behind and underneath
`all appliances. Remember that organic residue
`can be there even if you can't see it.
`. "Foam 8. Go."
`
`Then pour, spray, or——best of
`all—foam it on, making sure your foamer is set
`for the thickest foam. Cover the organic debris
`liberally and completely. Then,
`let
`it sit for a
`while. MicroFoam works best the longer it
`is al-
`lowed to remain on the organic waste. That's
`why foaming is best—and the thicker the foam
`the better—because it sticks to the surface longer
`without diluting. Go and do the rest of the things
`you need to do, and remove it later (unless in a
`foot traffic area, of course, where someone may
`slip).
`If it's somewhere that's not seen, or even
`iust out of the way, it's better not to remove it at
`all.
`(Note: Always use ready-to-use solution.
`See directions on MicroFoam bottle for mixing
`concentrate with water. Using MicroFoam in
`concentrate form does not improve performance,
`and is a great waste of product
`and money!
`in its ready-to-use form it still has a shelf-life,
`if
`kept from freezing or temperatures of over l l0°
`Fahrenheit, of 3 years. Concentrate form has a
`6 year shelf-life.)
`
`3.
`
`It'll cut
`You'll see it work right away.
`through grease and organic waste before your
`eyes. MicroFoam will also soak down the cracks
`and crevices as soon as you apply it. This means
`the microhabitats, which are the main problem,
`are taken care of even if you have to remove the
`
`The microbes do the
`
`. ”Micro-cleaning."
`heavy lifting—billions of them, doubling every
`fifteen minutes—digesting the organic waste that
`flies breed and feed on.
`Suggestion: Remove
`excess organic debris with a scraper before ap-
`plying. Also, carry a squeegee and dustpan for
`those areas where you'll have to remove the
`foam/grease.
`
`There's no need to
`
`. You're not the ianitor.
`clean everywhere-—you're iust after the breeding
`areas, which is any wet organic debris (don't
`bother with dry or crusty debris). Writing sanita-
`tion report after sanitation report, blaming it on
`your ianitor essentially, only puts off solving the
`problem. Better just to foam it on.
`No need to remove drain-line screens or
`
`covers.
`
`Just foam it on, and down the drains
`
`Suggestion: Organic waste
`as far as you can.
`particularly accumulates around the rim of drain-
`line covers. Use your scraper to dislodge, and
`the squeegee to push into the drain, it it's a little,
`or a dustpan to remove, it it's a lot.
`
`. Approximate drain application amounts.
`For the first application, pour, spray, or foam 4
`to 6 ounces down each drain. Then, repeat the
`above up to weekly for the first month. Thereaf-
`ter, applications should be once a month. Sug-
`gestion: Get the feel of this according to the de-
`gree of the fly problem and the amount of debris
`left after your first treatment.
`
`Integrated Fly Program. MicroFoam is now
`a part of a comprehensive and integrated fly pro-
`gram called"Cleaning for Fly Control". Grab it
`right now for free from www.genesiswe.com.
`
`incline Village - NV « 3945i 9.3
`
`(775) 782-9485/ 1 (888) 781-3100 Toll Free or Fax
`‘-‘
`
`
`
`2 Genesis W. E. Company - 774 Mays Boulevard. Suite 10-449 -
`
`info@genesiswe.com ‘ www. genesi swe.com
`
`
`
`

`
`identity: Microfoam
`Section l -— Company Name
`Genesis W. E. Co.
`
`Page 2: MATERIAL SAFETY
`DATA SHEET
`
`Date Prepared:
`Telephone Numbers
`Emergency:
`Information:
`
`Oi/Oi/04
`
`(888) 781-3100
`(775) 782-9485
`
`774 Mays 8lvd., #l0—449, Incline ‘fillage, NV 8945i
`SECHON ll —~ Hazardous Ingredients/Identity lnfonnation
`Hazardous Components: Contains less than l% isopropyl alcohol.
`Non-Hazardous Components: Spore-formed microbes (non-toxic, soil derived microbes in nan-ionic surfactant).
`SECll0N lll — Physical & Giemical Characteristics
`Boiling Point (Degrees Centigrade):
`Freezing Point:
`Vapor Pressure (mm Hs):
`Vapor Density:
`Melting Point:
`Physical State:
`pH Range:
`Appearance 8 Odor:
`SECIION lV — Fire 8. Explosion Data
`Flash Point:
`
`lODC
`Same as water
`Same as water
`
`N/A
`N/A
`
`liquid
`7.0 to 7.5
`
`light tan color & fresh floral scent
`
`Extinguisher Media;
`Special Fire Fighting Procedures:
`Flammable limits:
`
`Unusual Fire 8 Explosion Hazards:
`SECIION V —— Health Hazard Data
`Threshold of limit Value:
`
`Effects of Overexposurez
`
`SECllON Vl -- Reactivity Datagency
`Stability:
`-
`incompatibility:
`Hazardous Decomposition Products:
`Hazardous Polymerization:
`Conditions to Avoid:
`
`SECDON Vll — Spill or look Procedures
`Steps to be taken in the event material is released or spilled:
`Waste Disposal Methods:
`SECTION Vlll — Spedal Precautions lnfonnation
`Respirator Protection:
`Protective Gloves:
`
`Other Protective Equipment:
`Ventilation:
`
`Eye Protection:
`Section IX — Special Precautions
`Precaution in Handling & Storage:
`
`Other Precautions:
`
`Container disposal:
`
`lf taken internally, may cause intestinal upset. Emer-
`Product is for external use only.
`gency First Aid if taken internally: Call doctor immediately. Do not induce vomiting.
`
`Stable
`
`Not compatible with strong acids or bactericidal compounds.
`N/A
`N/A
`Excessive or extreme heat, strong acids and bases, microbe neutralizing compounds.
`
`Comply with local, state and federal regulations.
`Comply with local, state and federal regulations.
`
`None Required
`None Required
`None Required
`No Special Requirement
`None Required
`
`Avoid excessive heat. Store finished product in cool or cold place. Store concentrate in
`cool or cold place. Avoid storing in direct sunlight.
`Practice good housekeeping procedures.
`Do not reuse container. Dispose of container in accordance with local laws.
`
`All statements, information and data provided in this MSDS are believed to be accurate and reliable, but are presented without guarantee, warranty or responsibility of
`any kind, expressed or implied on Genesis W. E. Co/s part. Users should make their own investigations to determine the suitability of the information or products for their
`particular purpose. Nothing contained herein is intended as permission, inducement or recommendation to violate any laws or to practice any invention covered by exist-
`ing patents.
`
`

`
`a In/crafoam,
`
`Presenting
`
`
`
`Iacuv Away fly P/allay: fay!/n
`Cancenhjated
`
`Npn -Toxcc
`Micro-Cleaner
`
`
`
`
`the very same muck maggots breed and
`\~¢lfi
`
`‘I odots and drain-line
`
`ready-to-foam, and
`
`it work rightmany, and than it stidts around
`
`/11/cmfoulii u
`
`.1’.
`
`

`
`
`
`._J.
`Mia'eFaan® Iverlrs
`right before your
`
`
`
`‘micro-horborages'— hard to reach
`areas, behind and underneath
`appliances, tile grout, cracks and
`
`crevices. MicroFoarn' soaks in and
`i‘.
`i : deans deep, even
`°" °'9°"l° d°b"l5
`Y°” °°"" 5°°'
`
`‘
`Miu.‘"_® “Wu”
`"'0 556* Ill‘ 95¢‘
`
`that are out of the way or out of sight. How-
`ever, even if the foam is removed, the mi-
`crobes will still be there, on the job, long after
`MicroFoam is applied.
`
`a
`
`It’;
`Iflfsaulfl.
`Depending upon the extent of yourfly prob-
`lem, difiering programs of application are
`recommended. MicroFoom' may only need
`to be applied periodically. On the other
`hand, it may need to be part of a more
`
`V_
`
`'_
`
`not. lie more problem.
`
`,
`‘
`‘
`
`,
`
`_
`
`"- hr
`We would like to introdum you‘
`latest and best way tohandle flies
`for good. MicroFoam'
`'
`'
`your problems with
`F
`'
`most powerful weapon .
`
`inhsmfion‘
`MicroFoam' gets to the
`
`.
`
`problem — the breeding -
`sources. This is the o
`builds up, no matter
`clean. Apply to the in
`
`-
`
`‘
`
`4
`
`.
`
`4
`
`‘
`
`V
`
`'
`
`It tnams on.
`The active component of MicraFoom' is its
`microbes — billions of them. These microbes
`multiply quite rapidly, doubling about every
`15 minutes! They are every bit as hungry as
`they are abundant, digesting the same mudr
`that maggots breed and feed on.
`
`This is why foam-on application is so impor-
`tent. The idea is to get the MicmFoam° to
`
`_;;°:_‘::;',‘'“
`comprehensive and integrated
`ml-
`fly program, combined with the
`"$5
`99'”
`MicroFoom partner products.
`MicroFoam’ is quite resilient to
`.-3.51 1. 95.. ggung,
`ordinary cleaners, so in most cases it'll go
`on working for as long as 30 days
`and
`
`end Your “Y pmmems‘
`
`_
`
`.
`
`,
`
`
`stay on any particular area rust as long as V.“ .'
`possible, allowing the microbes to do their
`work.
`In fact, iust leave the foam in areas
`
`
`
`.“'!"""~g\
`I
`
`/n/cmfotlm.
`
`_
`
`'
`
`.
`
`-
`/705/.’ ~
`r M ‘w
`
`

`
`
`
` zone
`Neighborhood Sports Bar a. Grill
`
`3033 W Parker Road
`Plano, Texas 75023
`(972) 867-3400
`www.enzoneplano.com
`
`Genesis W E Company
`774 Mays Blvd., #10, Suite 449
`Incline Village, Nevada 89451
`
`Dear Genesis,
`
`I had
`I was a little skeptical when ordering your MicroFoam fruit fly treatment.
`already tried every product and extermination company in the phone book with
`no results at all.
`It almost seemed like the fruit flies only got worse.
`
`A friend of mine who works for a hotel chain told me about your product and
`guaranteed me it would work, so I tried it.
`lwas amazed that within 24 hours I
`went from seeing 100 to 200 fruit flies when I opened in the morning, to seeing
`maybe 1 or 2. After a second day of treatment, I have seen none.
`
`I would recommend to anyone with a fruit fly problem to try this product first—it
`works! With the exception of toilets with standing water, I put the product in
`every sink and drain as the directions called for.
`
`Sincerely,
`
`Mike Skelcher
`Owner
`
`The End Zone Sports Bar & Grill
`3033 W Parker Road
`
`Plano. Texas 75023
`
`(972) 867-3400
`www.enzoneplano.com
`
`
`
` ‘:%‘—"7;‘?R**«,'=':'4r’:'s‘r‘§:5€"E‘éL‘»":}-’ "
`'
`
`

`
`.
`
`.
`
`".2 1-~—--<.\'
`
`' I
`
`'.
`
`0
`
`Distributor Agreement
`
`'~
`
`//fir fl9«69*~J-Ujoo1', by and between Genesis W
`THIS AGREENIENT is made and entered into this
`E. Co., hereafter referred to as the “Company" of Incline Village, Nevada, United States Of America, and B & G
`Equipment, Inc., a company, located at 6120 N. Easton Rd, Plumsteadville PA 18949 '
`th C
`hereafterreferredto as "Distributor".
`’ m e oumry ofthe USA’
`
`RECITALS
`
`A. The Company is a duly organized entity, validly existing, and in good standing under the laws "ofthe A
`State ofNevada with power to carry on its business as it is now being conducted.
`B. Distributor is a duly organized entity, validly existing, and in good standing under the laws of
`Pennsylvania in the U. S., with the corporate power to carry on business as contemplated by this
`Agreement.
`C. The Company manufactures proprietary and exclusive liquid microbial formulations for specific
`applications and classes of trade.
`‘
`D. The Distributor has represented itself as having expertise and proficiency in the areas of promoting,‘
`marketing and sales of microbial products for various applications, systems and other systems.
`E. The Distributor desires to engage in the representation of Company products for the purpose ofaiding
`and assisting in the marketing and selling of all or some ofthe previously referred to products.
`In consideration ofthe foregoing recitals, provisions and covenants set forthherein, the parties agree as follow-szi
`
`.
`
`
`
`ARTICLE 1
`
`Authorization
`
`1.1 Authorization. The Company appoints the Distributor as the distributor for the exclusive marketing and sales‘
`of the products now known as “MicroFoam”, or later by some other name as mutually agreed upon by the
`parties ofthis agreement. MicroFoarn, both in concentrate and “ready-to-use” form, will hereafter be known as
`the Products, under the Company labels according to the terms hereafter set forth. MicroFoam is further
`described as the Company’s product commonly known as DFM 32x, reformulated so as to foam. The ability to
`foam is the distinguishing characteristic of the Products to be authorized for exclusive distribution by the
`Distributor at the execution of this agreement. The company hereby authorizes Distributor to implement,
`establish, market, and present the Products for sale. Distributor shall be authorized as the exclusive distributor
`ofthe Products to the Professional Pest Control Industry in the United States. Distributor may engage in sales
`and marketing to other industries in the United States, but this will be on a non-exclusive basis. Distributor ..
`may engage in sales and marketing outside the United States, but this will be on a non-exclusive basisé The
`Company shall not distribute or authorize for distribution to the Professional Pest Control Industry in the
`during the duration of this agreement.
`It is understood by the parties to this agreement that the Company’s
`product EnzaMagic and its distribution are not addressed by this agreement.
`1.2 Best Efforts. Distributor agreesyto use its best efforts in the design, implementation, establishment, marketing
`and presentation ofthe Products and all collateral materials as set forth in Paragraph 1.1. Such efforts include
`Distributors utilization of its contacts, networks and referral sources, both direct with individuals,
`corporations, Distributors, dealers, sales agents (cies), representatives and with agents representing individuals,
`corporations, distributors, dealers, sales agencies, and/or representatives. The Company also authorizes
`Distributor to contact and present said marketing designs, programs and/or collateral materials to prospective
`users, distributors, dealers, and/or representatives. All such contacts and/or representations shall be conducted
`with the highest attainable levels of professionalism.
`‘1.3 Translation. The Distributor agrees that the Distributor at the expense of the Distributor shall do any
`translation ofthe marketing materials into the specific language or languages to meet the needs ofthe clients in
`
`the Distributors territory.
`
`

`
`A
`
`}JI§|.lIUQUI I151vvunvus .
`Page 2 of2
`
`.
`
`1.4 Control of Marketing. Subject to the tems and conditions of this Agreement, all aspects of the marketing,
`- selling, and distribution of the Company Products in the Distributor’s Territory is in the Distributor's control.
`1.5 Initial Training.
`Initial classroom and Field Training regarding the use of the Products shall be in or around
`the Distributors Territory at a time and place mutually agreed upon by the Company and the Distributor.
`
`ARTICLE 2
`
`Ownership of Rights
`
`2.1 Copyrights. Any and all rights, copyrights, titles and interests in any design, marketing design, collateral
`materials, marketing or selling aids, or any-Company material designed for the purpose of or to benefit the
`marketing and/or selling of the Company Products belong solely and exclusively to the Company free from any
`claims whatsoever by Distributor.
`e
`2.2 Patents / Trademarks. The Distributor is aware that the Company is the manufacturer of the Products and that
`the Company has obtained certain patents and / or trademarks and is the owner of certain copyrights, and
`similar rights and interests, in and to the.Products. - The Company shall indemnify Distributor of all claims by
`others concerning any patent violations.
`_
`2.3 Infringement Notification. Distributor agrees to promptly notify the Company of infiingements or violations,
`which they become aware of with respect to patent or other rights owned by the Company or its affiliates
`regarding the Products, marketing or selling literature or aids for the marketing the Company Products, and any
`infringement upon exclusive territory distribution.
`
`H
`
`ARTICLE 3
`
`Marketing Rights
`
`3.1 Marketing Rights. It is understood and agreed that the Company grants Distributor the Marketing rights