Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA425505
`ESTTA Tracking number:
`08/16/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer Information
`
`Name
`Granted to Date
`of previous
`extension
`Address
`
`Medcan Health Management Inc.
`08/17/2011
`
`150 York Street Suite 1500
`Toronto, M5H3S5
`CANADA
`
`Attorney
`information
`
`Ariana Gallisa
`Cooley LLP
`101 California St., 5th Floor
`San Francisco, CA 94111-5800
`UNITED STATES
`agallisa@cooley.com, trademarks@cooley.com
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`77023236
`08/16/2011
`
`Publication date
`Opposition
`Period Ends
`
`04/19/2011
`08/17/2011
`
`MediCann, Inc.
`Suite 555 4096 Piedmont Ave.
`Oakland, CA 94611
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 044. First Use: 2004/04/01 First Use In Commerce: 2004/04/01
`All goods and services in the class are opposed, namely: Medical clinics
`
`Grounds for Opposition
`
`The mark is merely descriptive
`Other
`
`Trademark Act section 2(e)(1)
`No Lawful Use in Commerce (15 USC 1051, 15
`USC 1127); Identification is not Consistent with
`Specimen (TMEP 1402.05)
`
`Attachments
`
`Notice of Opposition - MEDICANN - August 16 2011.pdf ( 6 pages )(73126 bytes
`
`)E
`
`xhibits A to F - Reduced - CM.pdf ( 17 pages )(5515432 bytes )
`Exhibit G - Reduced - CM.pdf ( 28 pages )(7783873 bytes )
`Exhibit H - Reduced - CM.pdf ( 24 pages )(4674634 bytes )
`
`

`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`
`Certificate of Service
`
`Signature
`Name
`Date
`
`/Ariana Gallisa/
`Ariana Gallisa
`08/16/2011
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`NOTICE OF OPPOSITION
`
`Trademark: MEDICANN
`
`
`U.S. Serial No.: 77023236
`Filed: October 17, 2006
`Published: April 19, 2011
`
`Services: Medical clinics
`First Used: April 1, 2004
`
`
`
`Medcan Health Management Inc., Opposer
`
`v.
`
`MediCann, Inc., Applicant
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`
`Medcan Health Management Inc., a Canadian corporation, having an address of 150 York Street, Suite
`1500, Toronto, Canada M5H 3S5 believes that it is or will be damaged by registration of the mark
`MEDICANN, Serial No. 77023236, in the name of MediCann, Inc., a California corporation, having an
`address of Suite 555, 4096 Piedmont Ave., Oakland, California 94611 and hereby petitions for refusal of
`such registration.
`
`As grounds for the opposition, Opposer alleges the following:
`
`
`FACTUAL BACKGROUND
`
`Medcan Health Management, Inc. and the MEDCAN Application
`
`1. Medcan Health Management Inc. (hereinafter “Opposer”) is Canada’s leading private healthcare
`clinic and offers a variety of leading-edge screening and diagnostic tests on site through its
`Comprehensive Health Assessment service, an extensive Executive Health program, risk assessment
`and prevention programs in Men’s Health, Genetics and Cardiology and a range of wellness services.
`
`2. Opposer is the owner of U.S. Application No. 85151097 for MEDCAN in connection with “Physical
`fitness training, consultation and design of physical fitness programs for others” in International Class
`41 and “Medical management services, namely, providing preventative medical diagnostic testing,
`consultation, information and treatment in the field of health, general wellness, and preventative
`medicine including but not limited to comprehensive health examinations, cardiology, chiropody,
`chiropractic, dermatology, endoscopy, genetics, men's health, women's health, nutrition, optometry,
`physiotherapy, sports medicine, and travel health; Managed health care services, namely, providing
`medical, general wellness, and lifestyle management and preventative health care programs;
`Providing customized managed medical and preventative health care programs and professional
`services provided by medical and health care professionals” in International Class 44.
`
`3. The Examining Attorney for Opposer’s application has been refused registration due to a likelihood
`of confusion with MEDICANN, U.S. Application No. 77023236.
`
`
`
`1229660 v2/SF
`
`

`
`MediCann, Inc. and the MEDICANN Application
`
`
`4. MediCann, Inc. (hereinafter “Applicant”) is a California corporation that has applied to register
`MEDICANN (US Application No. 77023236) in connection with “medical clinics.”
`
`5. Upon information and belief, MEDICANN is actually a medical cannabis clinic. Opposer’s
`information and belief is based on the information found on the home page of Applicant’s website
`found at the URL www.medicann.com, a true copy of which is attached here as Exhibit A and
`incorporated here by reference.
`
`6. Upon information and belief, Applicant’s mark MEDICANN is an abbreviation of medical (MEDI)
`and cannabis (CANN). Opposer’s information and belief is based on Applicant’s offered services
`discussed in detail below.
`
`7. The registration of the Pending Application will cause actual harm to Opposer.
`
`
`FIRST GROUND FOR OPPOSITION
`NO LAWFUL USE IN COMMERCE, 15 U.S.C. §§ 1051, 1127
`
`
`8. Opposer repeats and realleges each and every allegation set forth in Paragraphs 1through 7 as if fully
`set forth herein.
`
`9. Applicant’s mark may not be registered on the US Patent and Trademark Office (“USPTO”)
`Registries because it is not used in lawful interstate commerce as set forth in Sections 1 and 45 of the
`Lanham Act, 15 U.S.C. §1051 and 1127.
`
`10. Pursuant to Section 1604.10 of the Trademark Manual of Examination Procedure (“TMEP”), the
`USPTO presumes that an applicant that states the mark is in use in commerce is stating that the mark
`is in use “in a type of commerce that Congress can regulate, unless there is contradictory evidence in
`the record” (emphasis added).
`
`11. Specifically, use of a mark in commerce must be lawful use in interstate commerce to be the basis for
`federal registration of the mark. See In re Midwest Tennis & Track Co., 29 USPQ2d 1386, 1386 n.2
`(TTAB 1993) (noting that "[i]t is settled that the Trademark Act's requirement of '"use in commerce,"
`means a "lawful use in commerce," and [that the sale or] the shipment of goods in violation of [a]
`federal statute . . . may not be recognized as the basis for establishing trademark rights'" (quoting
`Clorox Co. v. Armour-Dial, Inc., 214 USPQ 850, 851 (TTAB 1982))); In re Pepcom Indus., Inc., 192
`USPQ 400, 401 (TTAB 1976); TMEP §907.
`
`12. In this case, Applicant has claimed use of MEDICANN for “medical clinics.” However, as shown in
`the specimen of use filed on October 17, 2006, a true and correct copy of which is attached hereto as
`Exhibit B and incorporated by reference, Applicant is in the business of medical cannabis (also
`known as marijuana) clinics pursuant to the California Medical Marijuana Program statute, Cal.
`Health & Safety Code §§ 11362.7 et seq, also known by its initiative name, Proposition 215.
`
`
`13. Upon information and belief, Applicant offers services only to California residents. Opposer’s belief
`is based on the information shown on the “Evaluations” page of Applicant’s website, a true and
`correct copy of which is attached hereto as Exhibit C and incorporated by reference. According to this
`Evaluations page, Applicant’s services are limited to providing patients with medical cannabis
`recommendations and identification cards identifying the patient as a qualified to receive medical
`cannabis under California law. To receive the card, patients must show proof of residency in the State
`
`
`1229660 v2/SF
`
`

`
`of California, specifically, in the California county in which the county health department under
`whose auspices the card is issued, as well as a physician with a California medical license, pursuant to
`California Health and Safety Code § 11362.715.
`
`14. Upon information and belief, Applicant’s clinics are located only in the State of California. Opposer’s
`belief is based on Applicant’s “Locations” page from its website, a true and correct copy of which is
`attached hereto as Exhibit D and incorporated by reference, which shows locations only within the
`State of California.
`
`15. Upon information and belief, Applicant does not market its services to residents outside the State of
`California. Opposer’s belief is based on the message from MediCann’s founder, a true and correct
`copy of which is attached hereto as Exhibit E and incorporated by reference, in which the founder
`states that MediCann provides access to medical cannabis to more than 200,000 patients in the State
`of California.
`
`16. Even assuming arguendo that services are provided to residents outside of California, Applicant
`cannot show that it can provide any lawful services in interstate commerce. Upon information and
`belief, alternative therapies are offered only to the extent that they complement the medical cannabis
`treatments and are in fact offered by affiliated providers, not by the MediCann clinic itself. Opposer’s
`belief is based on the message from MediCann’s founder shown in Exhibit E and the description
`found on the “Who We Are” page of MediCann’s website, a true and correct copy of which is
`attached hereto as Exhibit F and incorporated by reference.
`
`17. To qualify for federal service mark registration, the use of a mark in commerce must be
`lawful. Gray v. Daffy Dan’s Bargaintown, 823 F.2d 522, 526, 3 USPQ2d 1306, 1308 (Fed.
`Cir. 1987) (stating that “[a] valid application cannot be filed at all for registration of a mark
`without ‘lawful use in commerce’”); TMEP §907; see In re Stellar Int’l, Inc., 159 USPQ 48,
`50-51 (TTAB 1968); CreAgri, Inc. v. USANA Health Scis., Inc., 474 F.3d 626, 630, 81
`USPQ2d 1592, 1595 (9th Cir. 2007). Thus, any goods and services to which the mark is
`applied must comply with all applicable federal laws. See In re Midwest Tennis & Track
`Co., 29 USPQ2d 1386, 1386 n.2 (TTAB 1993) (noting that “[i]t is settled that the Trademark
`Act’s requirement of ‘“use in commerce,” means a “lawful use in commerce,” and [that the
`sale or] the shipment of goods in violation of [a] federal statute . . . may not be recognized as
`the basis for establishing trademark rights’” (quoting Clorox Co. v. Armour-Dial, Inc., 214
`USPQ 850, 851 (TTAB 1982))); In re Pepcom Indus., Inc., 192 USPQ 400, 401 (TTAB
`1976); TMEP §907.
`
`18. The Controlled Substances Act (CSA) prohibits, among other things, manufacturing,
`distributing, dispensing, or possessing certain controlled substances, including marijuana and
`marijuana-based preparations. 21 U.S.C. §§812, 841(a)(1), 844(a); see also 21 U.S.C.
`§802(16) (defining “[marijuana]”).
`
`19. Because Applicant’s services are prohibited by the CSA, Applicant cannot establish lawful use of the
`mark MEDICANN in interstate commerce.
`
`20. Upon information and belief, Applicant’s services are limited to the State of California and do not
`constitute lawful use in interstate commerce. This belief is based on the fact that marijuana use has
`been decriminalized in California under California Proposition 215 for medical use by Californians
`
`
`1229660 v2/SF
`
`

`
`but remains illegal under federal laws. Applicant would therefore be in violation of federal laws if it
`offered services in interstate commerce.
`
`21. Upon information and belief, there is no market for Applicant’s services because it is authorized only
`under local law. Thus, there is no market for MEDICANN services outside of California.
`
`
`
`SECOND GROUND FOR OPPOSITION
`APPLICANT’S MARK IS DESCRIPTIVE, 15 U.S.C. §1052
`
`22. Opposer repeats and realleges each and every allegation set forth in Paragraphs 1through 7 as if fully
`set forth herein.
`
`23. Section 2(e)(1) of the Lanham Acti prohibits registration of marks that “when used on or in
`connection with the goods of the applicant is merely descriptive or deceptively misdescriptive of
`them” 15 U.S.C. §1052. Per Section 1209 of the TMEP, such marks are not protected “to prevent
`the owner of a mark from inhibiting competition in the sale of particular goods; and…to
`maintain freedom of the public to use the language involved.”
`
`24. Applicant’s mark is descriptive because it merely describes the purpose of Applicant’s services,
`namely to provide medical marijuana clinic services. Trademark Act Section 2(e)(1), 15 U.S.C.
`§1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
`
`25. The term MEDI is an abbreviation for MEDICAL.
`
`26. The term CANN is an abbreviation for CANNABIS.
`
`27. Applicant’s mark is therefore understood as simply a shortening of the phrase MEDICAL
`CANNABIS, which is used for the treatment of medical illness. As an example, please see the
`attached Wikipedia entry for medical cannabis, a true and correct copy of which is attached hereto as
`Exhibit G and incorporated by reference.
`
`28. The joining of MEDI and CANN is not sufficient to form a unitary mark under Section 1213.05 of the
`TMEP.
`
`29. Unlike marks such as BLACK MAGIC, which have a meaning separate and apart from the
`descriptive meaning of each term, in this case MEDICANN is understood simply to mean MEDICAL
`CANNABIS.
`
`
`30. It would be contrary to the Lanham Act to allow Applicant to monopolize both MEDI and CANN, as
`this would unduly restrict the public from using the language to refer to medical cannabis services.
`
`31. Applicant’s mark is descriptive of the particular type of clinic service provided under the mark and
`thus should be refused registration under Section 2(e)(1) of the Lanham Act.
`
`
`
`THIRD GROUND FOR OPPOSITION
`IDENTIFICATION IS NOT CONSISTENT WITH SPECIMEN, TMEP §1402.05
`
`
`32. Opposer repeats and realleges each and every allegation set forth in Paragraphs 1 through 7 as if fully
`set forth herein.
`
`
`
`1229660 v2/SF
`
`

`
`33.
`
`34.
`
`35.
`
`36.
`
`37.
`
`Pursuant to Section 1402.05 of the TMEP, an identification of services is unacceptable if it is
`inconsistent with the services indicated by the specimens. Furthermore, the identification should
`specify specialized characteristics to accurately describe the goods or services. See In re Toro
`Mfg. Corp., 174 USPQ 241 (TTAB 1972) (noting that use on “grass-catcher bags for lawn-
`mowers” did not justify the broad identification “bags,” which would encompass goods
`diverse from and commercially unrelated to applicant’s specialized article); Ex parte
`Consulting Engineer Publishing Co., 115 USPQ 240 (Comm’r Pats. 1957) (amendment of
`“periodical” to “monthly news bulletin” required); TMEP §1402.05
`
`In this case, Applicant has described its services as “medical clinics.”
`
`As shown in the specimen previously attached as Exhibit B and Applicant’s website printouts
`previously attached as Exhibits C, D, E and F, Applicant’s services are medical cannabis clinics.
`
`If Applicant had properly identified its services as “medical cannabis clinics” it would have received
`a refusal consistent with others issued by the USPTO against services related to marijuana. As an
`example, attached hereto as Exhibit H and incorporated by reference are true and correct copies of
`several office actions (without attachments) issued by the USPTO against applications claiming
`marijuana services in International Class 44.
`
`Applicant’s misidentification of its services as “medical clinics” when in fact they are medical
`cannabis services renders the application void, because it is contrary to the policy of the USPTO for
`an applicant to misidentify the services and thereby avoid a refusal of registration based solely on a
`misunderstanding as to the nature of the services.
`
`WHEREFORE, Opposer prays that this Opposition be sustained, and that Application
`Serial No. 77023236 be refused.
`
`This Notice of Opposition is submitted with the statutory filing fee of $300.00. Charge any missing fee to
`Deposit Account No. 033118, Order No. 158166 .-"204.
`
`Dated: August 16, 2011
`
`Respectfully submitted,
`COOLEY LLP
`JOHN W. CRITTENDEN
`ARIANA GALLISA
`
`aamatagee. — -
`
`Ariana Gallisa
`
`101 California Street, 5th Floor
`San Francisco, California 94111
`
`Telephone: (415) 693-2000
`Fax: (415) 693-2222
`Email: trademarks@cooley.com
`
`1229660 V2-'SF
`
`

`
`CERTIFICATE OF TRANSMITTAL AND SERVICE
`
`I hereby certify that this Notice of Opposition is being electronically transmitted in PDF format to the
`Trademark Trial and Appeal Board through the Electronic System for Trademark Trials and Appeals
`(ESTTA) on the date indicated below. I hereby further certify that on the date indicated below, a true and
`correct copy of this Notice of Opposition was placed in the United States Mail, postage prepaid,
`addressed to Applicant and its attorney of record (as identified in the above-referenced application) as
`follows:
`
`Krisana M. Hodges
`Law Office of Krisana M. Hodges
`149 9“‘ St. Ste 201
`
`San Francisco, CA 94103-2620
`
`MediCann, Inc.
`Suite 555 4096 Piedmont Ave.
`
`Oakland, CA 94611
`United States
`
`Date=Ausust 16,2011
`
`1229660 V2-"SF
`
`

`
`Exhibit A
`Exhibit A
`
`

`
`MediCann: Medical Cannabis Physicians and Alternative Health Care Clinics.
`
`Appointments
`
`(866) 632-6627
`
` / Rapid Verification
`
`
`
`
`
`(877) 355-0125(877)7)7)))) 35 355-05 0125125(((((87(87(
`
`MediCann is America's
`Largest Network of
`Trusted Medical
`Cannabis Doctors
`Providing Compassionate Care Since 2004
`
`Quick Links
`> Appointment Request
`> Become a Member
`
`Click Here to Join Now
`
`> About MediCann's ID Card Program
`> MediCann's Blog
`
`Events
`4/02/11 "Cannabis As Medicine"
`Medical Cannabis
`Symposium (San Diego,
`CA)
`
`4/30/11 New Living Expo -
`MediCann Sponsored
`Forum (San Francisco, CA)
`
`More Events Coming Soon!
`
`MediCann. Safe. Natural. Medicine.
`For safe, natural pain relief due to: Arthritis, Fibromyalgia,
`Cancer, Neuropathy, Back problems, Migraine headaches, Muscle
`spasm, HIV/AIDS, Inflammation, and Glaucoma.
`
`MediCann also provides safe therapeutic solutions for insomnia,
`anxiety and the symptoms of post-traumatic stress disorder. When
`prescription drugs aren't working - or the side effects are
`potentially dangerous - MediCann can help.
`
`Medical marijuana has never had a fatal side-effect.
`Medical marijuana is recognized as an effective pain relief
`agent.
`The National Institute of Health recognizes the therapeutic
`value of cannabis.
`The AMA calls for further study of marijuana and cannbinoids
`in the treatment of certain diseases.
`The MediCann medical cannabis card is recognized by
`dispensaries throughout California.
`
`©2010 MEDICANN
`
`(866) 632-6627
`
` or CONTACT US AT INFO@MEDICANN.COM
`
`About Us
`
`Community
`
`Medical Conditions
`
`Evaluations
`
`Research
`
`Locations A-O
`
`Locations R-Z
`
`Who We Are
`
`Newsletter
`
`Prescription Drug Alternative
`
`The Evaluation
`
`Medical Marijuana Benefits
`
`Anaheim Clinic
`
`Redding Clinic
`
`Founder Message
`
`Events
`
`Chronic Pain
`
`Medicann ID Card
`
`Clinical Pharmacology
`
`Chatsworth Clinic
`
`Sacramento Clinic
`
`Management Team
`
`Medical Board
`
`Back Pain
`
`Become A Member
`
`Use of Cannabis
`
`Concord Clinic
`
`San Diego Clinic
`
`Careers
`
`Press
`
`Press Releases
`
`Medicann In The News
`
`Downloads
`
`Resources
`
`Arthritis
`
`Research By Experts
`
`Cotati Clinic
`
`San Francisco Clinic
`
`Law Enforcement
`
`Migraine Headaches
`
`FAQs
`
`Science Of Medical Use
`
`Elk Grove Clinic
`
`San Jose Clinic
`
`Medicann's Blog
`
`Muscle Spasms
`
`History Of Medical Use
`
`Eureka Clinic
`
`Santa Cruz Clinic
`
`Become A Member
`
`Depression
`
`Patient Testimonials
`
`Anxiety
`
`Contact Us
`
`Insomnia
`
`Other Therapeutic Uses
`
`Fresno Clinic
`
`Santa Rosa Clinic
`
`Long Beach Clinic
`
`Soquel Clinic
`
`Modesto Clinic
`
`Ukiah Clinic
`
`North Highlands Clinic
`
`West Hollywood Clinic
`
`Oakland Clinic
`
`http://www.medicann.com/[8/15/2011 10:33:50 AM]
`
`

`
`MediCann: Medical Cannabis Physicians and Alternative Health Care Clinics.
`
`http://www.medicann.com/[8/15/2011 10:33:50 AM]
`
`

`
`Exhibit B
`Exhibit B
`
`

`
`Mi.-dlcanii Integliltlw l-iualtii and Wellness Clinics — Coniiiiiiiecl to Conipitsslonare Healing and Wellness.
`
`tut 1l,*2tJDfi 1105 AM
`
`Medi\\_'Con_n
`
`\/
`
`.. .
`
`.
`
`.
`
`.
`
`in l"'I.‘||'it -in:i;'e;:i.:ui:1riie-‘itplease call 5.ii‘io ’i."ii"J '..t'.'t.'l-‘,5’ .
`— I I :
`
`t‘-ir'»r:: IQ-32 viii-2"
`
`Home
`
`New at MediCann
`
`M me new Welcome to Au-dtcann
`
`titimc Locltions
`
`Aiipuinimtiiis
`
`F_A‘Q_'5
`
`Current Events
`
`Legal
`
`NOWSNFNOI
`
`R"3“"‘°"“‘"“5
`ID Card
`_
`Verification
`
`Gama” Us
`
`Join Our I-REE
`r-mu nu.-um; i.-u
`_
`_
`Jain
`
`Ma(fiCann's fission
`
`To provide legitimate health inforniation to individiiais about the therapeutic uses of
`aiternative medicines. inctuciirig medical rnarijiiaiia. and to ensure that alt indiviciuals
`have safe. iegal and affordable access to iicensed heaithcare practitioners.
`MediCann supports the patients‘ right to choose the best rneo’i'ci'ne.
`
`MediCann is an organization of integrative medicine clinics committed to providing a
`stressefree, holistic environment where patients in need of medicinal marijuana
`receive a cost-effective. expert evaluation by a licensed medical professional.
`Qualified patients receive a physician's recommendation allowing them the legal use
`of Medical Marijuana under California Proposition 215. also known as the California
`Compassionate Use Act of 1996 Health and Safety Code Section 11362.5. and
`under S3420, section 11362.7.
`
`Our trained, board-certified physicians, working closely with attending physician and
`company founder Dr. Jean Talleyrand. allow MediCann to provide our patients with
`convenient, reliable medical advice and evaluations at an affordable cost.
`
`_
`_
`_
`_
`_
`MediCann provides an environment where patients are treated with the compassion
`and understanding they deserve. We want to make the process as simple and
`informative as possible.
`
`Our goal is to assist patients whose lives can be improved by the therapeutic use of
`medicinal marijuana. in conjunction with traditional medical care anclior alternative
`therapies including: acupressure. Chinese herbology. tai-chi. acupuncture. massage.
`qi qong. and yoga. We at MediCann strive to provide the highest quality safe and
`legal solutions for healthy living at the convenience of patients instead of doctors.
`
`MediCann helps patients take an active role in their health by offering up to date
`information on alternative therapies and practices. as well as on medical research
`and current legal events regarding medicinal marijuana. By working closely with our
`legal team, we are able to provide a safe and reliable service for qualified patients in
`need of a physician's recommendation for medicinal marijuana.
`
`Slicporfirvgyuxctiaicashhaatfiicarn
`
`MediCann's licensed physicians use the best standards of care in compliance with
`the California Medical Board. MediCann has every confidence in the skill, experience
`and best judgment our physicians use to evaluate patients for health conditions that
`may benefit from the use of medical marijuana.
`
`hnp f,rwww.ni:dicannus.1.conii
`
`Page 1of2
`
`

`
`Exhibit C
`Exhibit C
`
`

`
`The Evaluation | MediCann
`
`Appointments
`
`(866) 632-6627
`
` / Rapid Verification
`
`
`
`
`
`(877) 355-0125(877)7)7)))) 35 355-05 0125125(((((87(87(
`
`The Evaluation
`MediCann takes the stress and fear out of obtaining a medical cannabis recommendation and ID card. Your
`
`well-being is our primary concern. You’ll be impressed with the courteous service, comfortable surroundings and
`
`highly trained professional physicians at all MediCann clinics.
`
`Patients either come to us through referrals from their
`
`own doctor or are evaluated by MediCann physicians at
`
`our clinics. Upon verification of an illness, disease or
`
`physical problem for which cannabis may provide
`
`benefit, you will be issued verification papers–your
`
`recommendation–that you can use to obtain cannabis at
`
`a dispensary or to show to law enforcement agents, if
`
`necessary.
`
`You will need to provide verified proof of identity and
`
`California residency. Accepted methods of verification include:
`
`Valid California ID (DMV issued California driver’s license or Identification card)
`
`Valid Passport or Out of State ID with proof of California residency (utility bill, lease, car or voter registration
`
`Valid Passport or Out of State ID with temporary DMV form
`
`Expired California ID with temporary DMV form
`
`Valid Government-issued ID
`
`Valid Resident Card for California
`
`Temporary DMV form with any photo ID
`
`Military Card with proof of residency
`
`Any “other” ID must be Government issued
`
`Medical Cannabis
`Evaluations
`
`The Evaluation
`
`Medicann ID Card
`
`Become A Member
`
`Find A Location
`
`Anaheim Clinic
`
`Chatsworth Clinic
`
`Concord Clinic
`
`Cotati Clinic
`
`Elk Grove Clinic
`
`Eureka Clinic
`
`Fresno Clinic
`
`Long Beach Clinic
`
`Modesto Clinic
`
`North Highlands Clinic
`
`Oakland Clinic
`
`Redding Clinic
`
`Sacramento Clinic
`
`San Diego Clinic
`
`San Francisco Clinic
`
`San Jose Clinic
`
`Santa Cruz Clinic
`
`Santa Rosa Clinic
`
`Soquel Clinic
`
`Ukiah Clinic
`
`West Hollywood Clinic
`
`Corporate
`Headquarters
`
`1814 Franklin Street, #300
`
`We do not accept Birth Certificates.
`
`Oakland, CA 94612
`
`You will also receive a MediCann ID card following your visit that will be mailed to an address that you provide.
`
`The MediCann ID card is provided at no-extra cost to all MediCann patients. If you do not receive your card
`
`within this time period, contact us at
`
`866-632-6627
`
` and ask to speak to the Card Department.
`
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`
`©2010 MEDICANN
`
`(866) 632-6627
`
` or CONTACT US AT INFO@MEDICANN.COM
`
`About Us
`
`Community
`
`Medical Conditions
`
`Evaluations
`
`Research
`
`Locations A-O
`
`Locations R-Z
`
`Who We Are
`
`Newsletter
`
`Prescription Drug Alternative
`
`The Evaluation
`
`Medical Marijuana Benefits
`
`Anaheim Clinic
`
`Redding Clinic
`
`Founder Message
`
`Events
`
`Chronic Pain
`
`Medicann ID Card
`
`Clinical Pharmacology
`
`Chatsworth Clinic
`
`Sacramento Clinic
`
`Management Team
`
`Medical Board
`
`Back Pain
`
`Become A Member
`
`Use of Cannabis
`
`Concord Clinic
`
`San Diego Clinic
`
`Careers
`
`Resources
`
`Arthritis
`
`Research By Experts
`
`Cotati Clinic
`
`San Francisco Clinic
`
`Law Enforcement
`
`Migraine Headaches
`
`FAQs
`
`Science Of Medical Use
`
`Elk Grove Clinic
`
`San Jose Clinic
`
`http://www.medicann.com/medical-cannabis-evaluations/the-evaluation/[8/11/2011 7:55:47 PM]
`
`

`
`The Evaluation | MediCann
`
`Press
`
`Medicann's Blog
`
`Muscle Spasms
`
`History Of Medical Use
`
`Eureka Clinic
`
`Santa Cruz Clinic
`
`Press Releases
`
`Medicann In The News
`
`Downloads
`
`Become A Member
`
`Depression
`
`Patient Testimonials
`
`Anxiety
`
`Contact Us
`
`Insomnia
`
`Other Therapeutic Uses
`
`Fresno Clinic
`
`Santa Rosa Clinic
`
`Long Beach Clinic
`
`Soquel Clinic
`
`Modesto Clinic
`
`Ukiah Clinic
`
`North Highlands Clinic
`
`West Hollywood Clinic
`
`Oakland Clinic
`
`http://www.medicann.com/medical-cannabis-evaluations/the-evaluation/[8/11/2011 7:55:47 PM]
`
`

`
`Exhibit D
`Exhibit D
`
`

`
`MediCann Locations | MediCann
`
`Appointments
`
`(866) 632-6627
`
` / Rapid Verification
`
`
`
`
`
`(877) 355-0125(877)7)7)))) 35 355-05 0125125(((((87(87(
`
`The Evaluation
`
`MediCann ID Card
`
`Become A Member
`
`Locations
`Enter your address or zip code in the field below or you can select a city from the dropdown menu to find a
`
`MediCann Clinic in California near you:
`
`Address
`
`–Search By City–
`–Search By City–
`
`Radius
`
`50 mi
`50 mi
`
`Search Locations
`
`
`
`MapMap
`
`
`
`SatelliteSatellite
`
`
`
`TerrainTerrain
`
`
`
`500 mi500 mi
`
`
`
`500 km500 km
`
`Map data ©2011 Europa Technologies, INEGI - Terms of Use
`
`Enter Your Address or Zip Code in the Field Above or You Can Select a
`City Near You From the Dropdown Menu.
`
`Find A Location
`
`Anaheim Clinic
`
`Chatsworth Clinic
`
`Concord Clinic
`
`Cotati Clinic
`
`Elk Grove Clinic
`
`Eureka Clinic
`
`Fresno Clinic
`
`Long Beach Clinic
`
`Modesto Clinic
`
`North Highlands Clinic
`
`Oakland Clinic
`
`Redding Clinic
`
`Sacramento Clinic
`
`San Diego Clinic
`
`San Francisco Clinic
`
`San Jose Clinic
`
`Santa Cruz Clinic
`
`Santa Rosa Clinic
`
`Soquel Clinic
`
`Ukiah Clinic
`
`West Hollywood Clinic
`
`Corporate
`Headquarters
`
`1814 Franklin Street, #300
`
`Oakland, CA 94612
`
`7
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`2
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`share
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`5
`
`share
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`109
`
`©2010 MEDICANN
`
`(866) 632-6627
`
` or CONTACT US AT INFO@MEDICANN.COM
`
`http://www.medicann.com/locations/[8/11/2011 2:04:54 PM]
`
`

`
`MediCann Locations | MediCann
`
`About Us
`
`Community
`
`Medical Conditions
`
`Evaluations
`
`Research
`
`Locations A-O
`
`Locations R-Z
`
`Who We Are
`
`Newsletter
`
`Prescription Drug Alternative
`
`The Evaluation
`
`Medical Marijuana Benefits
`
`Anaheim Clinic
`
`Redding Clinic
`
`Founder Message
`
`Events
`
`Chronic Pain
`
`Medicann ID Card
`
`Clinical Pharmacology
`
`Chatsworth Clinic
`
`Sacramento Clinic
`
`Management Team
`
`Medical Board
`
`Back Pain
`
`Become A Member
`
`Use of Cannabis
`
`Concord Clinic
`
`San Diego Clinic
`
`Careers
`
`Press
`
`Press Releases
`
`Medicann In The News
`
`Downloads
`
`Resources
`
`Arthritis
`
`Research By Experts
`
`Cotati Clinic
`
`San Francisco Clinic
`
`Law Enforcement
`
`Migraine Headaches
`
`FAQs
`
`Science Of Medical Use
`
`Elk Grove Clinic
`
`San Jose Clinic
`
`Medicann's Blog
`
`Muscle Spasms
`
`History Of Medical Use
`
`Eureka Clinic
`
`Santa Cruz Clinic
`
`Become A Member
`
`Depression
`
`Patient Testimonials
`
`Anxiety
`
`Contact Us
`
`Insomnia
`
`Other Therapeutic Uses
`
`Fresno Clinic
`
`Santa Rosa Clinic
`
`Long Beach Clinic
`
`Soquel Clinic
`
`Modesto Clinic
`
`Ukiah Clinic
`
`North Highlands Clinic
`
`West Hollywood Clinic
`
`Oakland Clinic
`
`http://www.medicann.com/locations/[8/11/2011 2:04:54 PM]
`
`

`
`Exhibit E
`Exhibit E
`
`

`
`Message From Our Founder | MediCann
`
`Appointments
`
`(866) 632-6627
`
` / Rapid Verification
`
`
`
`
`
`(877) 355-0125(877)7)7)))) 35 355-05 0125125(((((87(87(
`
`Message From Our Founder
`As a physician, I am delighted (but not surprised) at the many ailments that can be successfully treated with
`
`cannabis. Cannabis contains more than 80 unique compounds. Most have therapeutic qualities, especially for
`
`pain relief. Clinical testing and anecdotal evidence has shown cannabis
`
`to be an effective alternative to potentially dangerous prescription drugs
`
`for back pain, Parkinson’s Disease, PTSD, multiple sclerosis, migraine
`
`headaches, cancer and the effects of chemotherapy, anxiety and
`
`insomnia—just to name a few.
`
`In combination with other safe, holistic therapies cannabis frequently
`
`surpasses the effectiveness of traditional pharmaceutical drugs. At
`
`MediCann we often recommend several complementary therapies to treat
`
`our more than 200,000 patients in California.
`
`About Us
`
`Who We Are
`
`Message From Our
`
`Founder
`
`Management Team
`
`Careers
`
`Find A Location
`
`Anaheim Clinic
`
`Chatsworth Clinic
`
`Concord Clinic
`
`Cotati Clinic
`
`Elk Grove Clinic
`
`Eureka Clinic
`
`Fresno Clinic
`
`Long Beach Clinic
`
`Modesto Clinic
`
`Our goal is to be the “ambassadors” in the field of alternative healing.
`
`North Highlands Clinic
`
`Our website has been created to be your “go to” source for information
`
`about the use of medical cannabis, alternative therapies, news on recent
`
`breakthroughs in holistic care and health tips to improve your quality of
`
`life.
`
`Unlike many in this industry, our focus is on our patients. Your welfare is what drives us to be the best.
`
`Dr. Jean Talleyrand
`
`2
`
`1
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`share
`
`0
`
`share
`
`3
`
`Oakland Clinic
`
`Redding Clinic
`
`Sacramento Clinic
`
`San Diego Clinic
`
`San Francisco Clinic
`
`San Jose Clinic
`
`Santa Cruz Clinic
`
`Santa Rosa Clinic
`
`Soquel Clinic
`
`Ukiah Clinic
`
`West Hollywood Clinic
`
`Corporate
`Headquarters
`
`1814 Franklin Street, #300
`
`Oakland, CA 94612
`
`©2010 MEDICANN
`
`(866) 632-6627
`
` or CONTACT US AT INFO@MEDICANN.COM
`
`About Us
`
`Community
`
`Medical Conditions
`
`Evaluations
`
`Research
`
`Locations A-O
`
`Locations R-Z
`
`Who We Are
`
`Newsletter
`
`Prescription Drug Alternative
`
`The Evaluation
`
`Medical Marijuana Benefits
`
`Anaheim Clinic
`
`Redding Clinic
`
`Founder Message
`
`Events
`
`Chronic Pain
`
`Medicann ID Card
`
`Clinical Pharmacology
`
`Chatsworth Clinic
`
`Sacramento Clinic
`
`Management Team
`
`Medical Board
`
`Back Pain
`
`Become A Member
`
`Use of Cannabis
`
`Concord Clinic
`
`San Diego Clinic
`
`Careers
`
`Press
`
`Resources
`
`Arthritis
`
`Research By Experts
`
`Cotati Clinic
`
`San Francisco Clinic
`
`Law Enforcement
`
`Migraine Headaches
`
`FAQs
`
`Science Of Medical Use
`
`Elk Grove Clinic
`
`San Jose Clinic
`
`Medicann's Blog
`
`Muscle Spasms
`
`Become A Member
`
`Depression
`
`Contact Us
`
`Fresno Clinic
`
`Santa Rosa Clinic
`
`History Of Medical Use
`
`Eureka Clinic
`
`Santa Cruz Clinic
`
`http://www.medicann.com/about/founder-message/[8/15/2011 10:41:31 AM]
`
`

`
`Message From Our Founder | MediCann
`
`Press Releases
`
`Medicann In The News
`
`Downloads
`
`Patient Testimonials
`
`Anxiety
`
`Insomnia
`
`Other Therapeutic Uses
`
`Long Beach Clinic
`
`Soquel Clinic
`
`Modesto Clinic
`
`Ukiah Clinic
`
`North Highlands Clinic
`
`West Hollywood Clinic
`
`Oakland Clinic
`
`http://www.medicann.com/about/founder-message/[8/15/2011 10:41:31 AM]
`
`

`
`Exhibit F
`Exhibit F
`
`

`
`Who We Are | MediCann
`
`Appointments
`
`(866) 632-6627
`
` / Rapid Verification
`
`
`
`
`
`(877) 355-0125(877)7)7)))) 35 355-05 0125125(((((87(87(
`
`The Evaluation
`
`MediCann ID Card
`
`Become A Member
`
`Who We Are
`MediCann, founded in 2004, o