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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE TI-H3 TRADEMARK TRIAL AND APPEAL BOARD
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`TTAB
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`STOKELY-VAN CAMP, INC.,
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`Opposer,
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`v.
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`AMAZON THUNDER INC,.
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`Applicant
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`Opposition No. 91 174652
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`ANSWER TO REQUESTS FOR ADMISSION
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`The answers provided below are in accordance with the Rules for Federal Rule of Civil and with the
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`Rules of the Trademark Rules of Practice.
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`1. The answer to Question 1. In the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108 to include non-carbonated
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`beverages is NO. We do not produce a beverage, but a nutraceutical with a recommended daily
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`dosage of loz/day. Our application includes fruit juices and fruit juice concentrates, though we
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`just use the concentrates. We do not produce a beverage but produce a pulp puree.
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`2. The answer to Question 2 in the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108 to include fruit-flavored
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`beverages is NO. We do not product a fruit flavored beverage, but produce a fruit product. Our
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`application includes fruit juices and fruit juice concentrates, though we just use the concentrates,
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`We do not produce a beverage but produce a pulp puree.
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`11-28-2017
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`U.S. Pa1enl&TM01cITM Mail Hopi Di. W1
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`

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`The answer to Question 3 in the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108 to include beverage products
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`is NO. We do not product fruit flavored beverage, but product a fruit product. Our application
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`includes fruit juices and fruit juice concentrates, though we just use the concentrates. We do not
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`produce a beverage but produce a pulp puree.
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`The answer to Question 4 in the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that the applicant was aware
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`of the Opposer’s use of a lightning bolt design prior to forming an intent to use the Amazon
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`Thunder mark is NO.
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`I did not know that it was a lightning bolt, as I don’t drink their products as
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`it contains sugar.
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`The answer to Question 5. In the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that the applicant was aware
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`of the Opposer’s use of a lightning bolt prior to filing an application, to use the Amazon Thunder
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`mark is YES, in the context that the applicant is aware of the Opposer’s product and the use of A
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`form of lightning bolt, and NO. I did not know that it was a lightning bolt, as I don’t drink their
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`products as it contains sugar.
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`The answer to Question 6.in the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that the applicant was aware
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`of the Opposer’s use of a lightning bolt in Gatorade prior to forming an intent to use the Amazon
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`Thunder mark is NO, NO. I did not know that it was a lightning bolt, as I don’t drink their
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`products as it contains sugar.
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`The answer to Question 7. in the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that the applicant was aware
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`of the Opposer’s use of a lightning bolt in Gatorade prior to filing an application is NO.
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`I did not
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`know that it was a lightning bolt, as I don’t drink their products as it contains sugar.
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`

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`The answer to Question 8. In the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that the applicant was aware
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`of beverage products sold under the Gatorade mark is YES. Applicant was aware that there were
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`products sold under Gatorade.
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`The answer to Question 9 and 10. In the Opposer’s request for Admission from Amazon Thunder
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`in which the products is subject to application serial number 78765108, that the applicant was
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`aware of beverage products sold under the Gatorade mark in forming an intent and filing the
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`application is YES.
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`10.
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`The answer to Question 10 in the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that the applicant was aware
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`that the Opposer’s mark was famous in forming an intent and prior to the intent to use the
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`Amazon thunder mark is YES, we were aware that their mark was “famous”.
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`11.
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`The answer to Question 11 in the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that the applicant was aware
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`that the Opposer’s mark was famous in forming an intent and prior to filing an application is
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`YES, we were aware that their mark was “famous”.
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`12.
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`The answer to Question 12 in the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that Amazon Thunder was
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`aware that the Opposer’s mark was extensively advertised prior to forming an intent and prior to
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`filing an application is NO, we were not aware that their mark was extensively advertised.
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`13.
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`The answer to Question 13. In the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that Amazon Thunder was
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`aware that the Opposer’s mark extensively advertised prior to filing an application is NO, we
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`were not aware that their mark was extensively advertised.
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`

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`. The answer to Question 14. In the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that the applicant feature a
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`lightning bolt design in NO. We do not “feature”, but use a bolt in place of the alphabet letter Z in
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`Amazon Thunder’s mark. The name “Amazon Thunder” as a whole is featured.
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`15.
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`16.
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`17.
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`18.
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`The answer to Question 15. In the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that the applicant bolt is
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`yellow/orange is YES.
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`The answer to Question 16. In the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that the applicant sells
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`Amazon Thunder products to the general public is YES.
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`The answer to Question 17. In the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that the Applicant sells
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`Amazon Thunder in part or in whole to the health conscious consumer is YES.
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`The answer to Question 18. In the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765 108, that the Applicant sells
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`Amazon Thunder in part or in whole to the athletically inclined consumer is YES.
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`19.
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`The answer to Question 19. In the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that the Applicant sells
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`Amazon Thunder in part or in whole to the “average joes” consumer is YES.
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`20.
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`The answer to Question 20. In the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that the Applicant sells
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`Amazon Thunder over the intemet is YES.
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`21.
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`The answer to Question 21. In the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that the Applicant sells
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`Amazon Thunder in retail stores is YES.
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`

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`;.
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`* 22. The answer to Question 22. In the Opposer’s request for Admission from Amazon Thunder in
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`which the products is subject to application serial number 78765108, that Acai is regarded as a
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`high energy product is NO. Acai is an anti-oxidant and anti-inflammatory with very little or no
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`sugars naturally occurring, and no caffeine.
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`CERTIFICATE OF SERVICE
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`I, Robert Reum, the Applicant, hereby certify that a copy of the foregoing Answers to the Opposer’s
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`Request for Admission is being served to the attorney of the Opposer, Patricia S. Smart, 19 S. Lasalle
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`Street, suite 1300, Chicago, IL, 60603 on this 21"‘ day of November, 2007, by first fedex ground prepaid.