Trademark Trial and Appeal Board Electronic Filing System. n1‘t,Q.'//”esn‘a.us,Qfo.gov
`ESTTA Tracking number:
`ESTTA551838
`
`FIIIHQ datei
`
`08/01/2013
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Party
`
`Defendant
`Fresh Hemp Foods Ltd.
`
`Correspondence
`Address
`
`CHRISTOPHER D ERICKSON
`TONKON TORP LLP
`1600 PIONEER TWR 888 SW 5TH AVE
`PORTLAND, OR 97204-2090
`UNITED STATES
`trademark@tonkon.com
`
`Attachments
`
`2013-08-01 Mike Fata Affidavit.pdf(458177 bytes)
`Exs. 1-11.pdf(4452245 bytes )
`Exs. 12—22.pdf(5567625 bytes
`Exs. 23—29.pdf(4199729 bytes
`Exs. 30—33.pdf(4612629 bytes
`Exs. 34—44.pdf(4716493 bytes
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA551838
`ESTTA Tracking number:
`08/01/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91201475
`Defendant
`Fresh Hemp Foods Ltd.
`CHRISTOPHER D ERICKSON
`TONKON TORP LLP
`1600 PIONEER TWR 888 SW 5TH AVE
`PORTLAND, OR 97204-2090
`UNITED STATES
`trademark@tonkon.com
`Testimony For Defendant
`Christopher D. Erickson
`chris.erickson@tonkon.com
`/Christopher D. Erickson/
`08/01/2013
`2013-08-01 Mike Fata Affidavit.pdf(458177 bytes )
`Exs. 1-11.pdf(4452245 bytes )
`Exs. 12-22.pdf(5567625 bytes )
`Exs. 23-29.pdf(4199729 bytes )
`Exs. 30-33.pdf(4612629 bytes )
`Exs. 34-44.pdf(4716493 bytes )
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`299614 ALBERTA LTD., (cid:9)
`Opposer, (cid:9)
`
`V .
`
`Fresh Hemp Foods Ltd.,
`Applicant. (cid:9)
`
`)
`
`)
`
`) (cid:9)
`
`)
`
`Opposition No. 9120 1475
`
`AFFIDAVIT OF MIKE FATA
`
`I, MIKE FATA, swear or affirm as follows:
`
`1.
`1 a the president and co-founder of Fresh Hemp Foods Ltd. ("Fresh
`Hemp"), a Canadian company located in Winnipeg, Canada and the Applicant in this proceeding. I
`make this affidavit based on personal knowledge.
`
`2.
`Fresh Hemp was founded in 1998. It has been doing business as Manitoba
`Harvest Hemp Foods since 1999. Fresh Hemp sells a line of hemp food products including, but not
`limited to, hemp oil, hemp protein, hemp beverage, and hemp hearts.
`
`3.
`Hemp hearts, also known as shelled hemp seeds, hemp seed nuts, or hulled
`hemp seeds, are the shelled seeds of the industrial hemp plant. The hulled or shelled hemp seed is
`the very inner kernel, or, as Opposer’s website states, the unshelled "heart" of the hemp seed. A
`true copy of a screen capture from Opposer’s website is attached hereto as Exhibit 1.
`
`4.
`In or about September of 2000. Fresh Hemp sold its first shipment of shelled
`hemp seed into the United States. At that time, Fresh Hemp described its shelled hemp seed as
`"hemp seed nut."
`
`In 2001, Fresh Hemp created its website at manitobaharvest.com in
`5.
`preparation fora full product launch in the United States. However, in October 2001,the United
`States Drug Enforcement Agency instituted a rule barring the sale in the United States of hemp
`products intended for human consumption. Fresh Hemp assisted the Hemp Industries Association
`and other companies in the hemp industry in their efforts to invalidate the DEA’s rule. While it was
`working to invalidate the DEWS rule, Fresh Hemp was allowed to continue selling hemp products
`in the United States.
`
`In February 2004, the Hemp Industries Association and other companies in
`6.
`the hemp industry, including Fresh Hemp, were successful in their appeal to the Ninth Circuit
`Cowl of Appeals to invalidate the DEA’s 2001 rule concerning hemp products. The case was
`Hemp Indus. Ass W. v. Drug EnforcesnentAdmin., 357 F3d 1012(9th Cir. 2004).
`
`7.
`In April of 2004, as a result of the successful appeal, Fresh Hemp ramped up
`the marketing and selling of its hemp products, including hemp hearts, in the United States. At that
`time, Fresh Hemp began including the term "hemp hearts" in addition to the terms "hemp seed nut"
`and "shelled hemp seed" on the packaging and marketing materials for its hemp heart products.
`
`Page 1- AFFIDAVIT OF MiKE FATA
`
`

`
`8. (cid:9)
`In 2006, responding to changes in the marketplace, Fresh Hemp discontinued
`its use of the term hemp seed nutu in the sale of its products and began using the term"shelled
`hemp secd’ in its place Fresh Hemp took this step because it found that the term was causing
`confusion and concern for potential customers who had nut allergies Despite this change, Fresh
`Hemp continued to use the term "hemp heart? in its packaging and promotional materials A true
`copy of a sample of the promotional materials is attached hereto as Exhibit 2 and a true copy of the
`packaging is attached hereto as Exhibit 3
`
`Fresh Hemp began including the term "hemp heart? in its packaging and
`9 (cid:9)
`marketing materials in response to consumers referring to Fresh Hemps shelled hemp seed
`products as hemp hearts at consumer and trade shows. Since 2004, all Fresh Hemp hemp heart
`products sold in the United States have displayed the term "hemp hearts" to describe the contents of
`the product
`
`10 (cid:9)
`Fresh Hemp’s use of the term "hemp hearts" reflected the fact that "hemp
`heart? is simply another descnptwe term to describe what has also been termed "shelled hemp
`seed" and "hemp seed nut" Because of its descriptive nature, I did not believe, nor do I believe,
`that the term "hemp hearts" can obtain trademark protection in the United States
`
`I was aware of Opposer’s use of the term "hemp hearts" in relation to the sale
`11 (cid:9)
`of its products, but did not believe, nor do I believe, that Opposer had or has a trademark in the
`term
`
`12 (cid:9)
`As early as 2009 multiple companies marketed their shelled hemp seeds
`using the term "hemp hearts" as a description of their products. These companies include Nutiva,
`Mums Original, and Empress Sativa. Exhibits 4 through 6, attached hereto, are true copies of
`screen captures from the Internet Archive (web.archive.org ) of these companies’ websites as they
`existed in 2009,2010, or early 2011
`
`13 (cid:9)
`In addition to the companies’ use of the descriptive term "hemp hearts" to
`describe their products cited in the previous paragraph, many third parties were using the terms
`"hemp heart? and "shelled hemp seed" interchangeably to refer to hemp hearts prior to Fresh
`Hemp filing its application that is the subject of this opposition. Exhibits 7 through 23, attached
`hereto, are true copies of screen captures from the Internet Archive (web.archiveorg) o(intemet
`websites that show this usage
`
`On or about February 17,2011, Fresh Hemp filed its application for the
`14 (cid:9)
`registration of the design mark incorporating two overlapping hearts over the word "HEMP
`HEARTS" (the "Heart Design") that is the subject of this opposition. In July 2011, Fresh Hemp
`began using the Heart Design on all its hemp heart product packaging and marketing. Fresh Hemp
`chose this new design incorporating the term "hemp heart? because "hemp heart? better reflected
`the hemp industry’s and the hemp industry’s customers’ accepted identification of the product also
`known as "shelled hemp seed" and "hemp nut"
`
`15 (cid:9)
`As part of its application, Fresh Hemp has disclaimed any exclusive right to
`the use of the terms "hemp" or "hemp hearts" in the United States
`
`Page 2- AFFIDAVIT OF MIKE FATA
`
`

`
`Fresh Hemp has expended considerable money and effort in promoting and
`16.
`advertising its hemp heart products. The amount Fresh Hemp has spent each year on advertising
`for all o( its products from 2009 through 2012 is:
`
`2009. $661,397
`2010. $453,058
`2011. $874,394
`2012. $947695
`
`I estimate that 50% of those expenses were devoted to the promotion and advertising of our hemp
`heart products.
`
`As of the date of this affidavit, the term "hemp hearts is used by a large
`17.
`number of companies and third parties to refer to shelled hemp seeds. Exhibits 24 through 43,
`attached hereto, are true copies of screen captures showing a representative sample of this usage.
`
`In February 2013, Fresh Hemp obtained trademark registration of the Heart
`18.
`Design In Canada. A true copy of the Canadian Ceitificte of Registration is attached hereto as
`Exhibit 44.
`
`To the best of my knowledge, Opposer has not filed any claims in the United
`19.
`States for infringement against any party for any rights it alleges in the term "hemp hearts?
`
`To the best of my knowledge, Opposer has been aware for many years of
`20.
`Fresh Hemps use of the term hemp hearts* on packaging and promotional material for its hemp
`heart products distributed and sold in the United States.
`
`To the best of my knowledge, Opposer has never filed a trademark
`21.
`registration for the term hemp heart? in the United States.
`
`Prior to this Opposition proceeding, I was not aware of any instances where
`22.
`a person or entity has expressed confusion about the source of hemp heart products produced by
`Fresh Hemp or the Opposer.
`
`MlIZ9FATA
`
`SWORN (OR AFFIRMED) BEFORE ME at (cid:9)
`tO 0 - (cid:9)
`,Canada on _t_,2013. (cid:9)
`
`’1’l
`
`I
`
`Page 3- AFFIDAVIT OF MIKE FATA (cid:9)
`
`ucwm
`1ThO6Os
`
`R3C8Z3
`CO4)95T-83O4
`
`’exp’r’/
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that I served the foregoing AFFIDAVIT OF MIKE FATA on:
`
`Bianca L. Scheirer
`Scheirer Law Office
`Nelson Square
`808 Nelson Street, Suite 1700
`P0 Box 12148
`Vancouver, BC
`CANADA V6Z 21 (cid:128) 12
`Attorney for Opposer
`
`0 by electronic means through the Court’s Case Management/Electronic Case
`File system on the date set forth below;
`
`O by faxing a copy thereof to each attorney at his last-known facsimile
`number on the date set forth below;
`
`by mailing a copy thereof in a sealed, first-class postage prepaid envelope,
`addressed to each attorney’s last-known address and depositing in the U.S.
`mail at Portland, Oregon on the date set forth below;
`
`O by causing a copy thereof to be hand-delivered to said attorneys at each
`attorney’s last-known office address on the date set forth below;
`o by sending a copy thereof via overnight courier in a sealed, prepaid
`envelope, addressed to each attorney’s last-known address on the date set
`forth below.
`
`by concurrently emailing this document to each attorney’s last-known email
`address on the date set forth below.
`
`DATED: August 1, 2013
`
`TONKON TORP LLP
`
`By: (cid:9)
`
`/3"’1,
`
`Eric Beach, OSB #105783
`Attorneys for Applicant
`
`034963/09004/479215 5v I
`
`Page 1 - CERTIFICATE OF SERVICE
`
`

`
`What Is Hemp, Shelled Hemp Seeds, Hemp Seeds Health Benefits ...
`
`http://www.hemphearts.com/HempHeartsHistory.htm
`
`How To Obtain Maximum Benefit From Our Products
`History Of Hemp Hearts™ In Promoting Health
`Complete Customer Health Surveys About Hemp Hearts™ And Health
`Categorized Customer Health Surveys About Hemp Hearts™ And Health
`Hemp Hearts™ As The Nutritional Foundation For Self-Sufficient, Extended-Family, Hemp Farms
`
`History of Hemp Hearts™, shelled hemp seeds, In Promoting
`Health
`
`Questions?? Email: roger@hemphearts.com or call mobile 403-315-4154
`After thirty years of supplying myself with sufficient ordinary food
`(mostly starches) to be able to work sixteen hour days farming, as well
`as building and installing machines for local food processing plants - I
`was a fifty year old wreck. I had high blood pressure, high blood sugar,
`chronic prostate inflammation, several digestive disorders, extensive
`arthritic pain and I caught many contagious diseases every year.
`Chronic back pain would not allow me to lay down -- I had to learn to
`sleep sitting up; I could not empty my bladder -- fiber optics revealed
`an inflamed prostate blockage; I was too heavy to climb most ladders -
`the rungs broke; I avoided children – the very sight of their runny noses
`seemed to initiate respiratory illnesses from which I did not fully
`recover for months. I frequented medical clinics and pharmacies.
`Over ten years ago a group of farmers, among the first in Canada to
`become licensed to grow industrial hemp, brought me some hemp seeds
`and asked if I could build a machine to remove the shells from the
`seeds. I eventually built a series of machines and provided the farmers
`with an excellent sample of the first Hemp Hearts™, shelled hemp
`seeds, -- but no one was willing to purchase my machines.
`I did not eat Hemp Hearts™, shelled hemp seeds, myself, for several
`months, but when I first tried them in large quantity early one morning
`on a small bowl of oat meal, I noticed that I could easily refrain from
`eating again until late afternoon. This was astonishing to me. At that
`time in my life I normally began each day with bacon, eggs, hash
`browns, toast, pancakes, syrup and six cups of coffee -- yet I was
`always so weak and hungry again in only two hours that it was
`impossible for me to function without more food. In those days,
`whenever I stopped for gasoline I would consume two of the largest
`
`1 of 5
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`
`Exhibit 1
`Page 1 of 5
`Affidavit of Mike Fata
`
`

`
`What Is Hemp, Shelled Hemp Seeds, Hemp Seeds Health Benefits ...
`
`http://www.hemphearts.com/HempHeartsHistory.htm
`
`candy bars on the store shelf. Very gradually over twenty years, I had
`become one hundred pounds heavier than I had been in High School
`and I attributed most of my health problems to my excess weight.
`For the next fifty days I ate Hemp Hearts™, shelled hemp seeds, and
`oatmeal for breakfast, drank tea frequently and consumed nothing later
`-- except for two bottles of beer, evenings. After fifty days of this
`strange diet I was fifty pounds lighter and all of my typical late onset
`health problems were already somewhat alleviated. Although this diet
`was very effective for satisfying hunger and providing sufficient energy,
`it produced unpredictable and sometimes watery stools. I did not dare
`walk the few hundred feet to my shop each morning until I had gone to
`the bathroom twice. I did not dare to go anywhere without toilet paper
`and I frequently had to divert to side roads on my way to the city.
`Being mechanically minded, I decided to try eating Hemp Hearts™,
`shelled hemp seeds, with huge amounts of celery instead of oatmeal --
`hoping that the long fibers in the celery would hold my stools together,
`making them less watery. For one week I consumed Hemp Hearts™,
`shelled hemp seeds, with as much celery as I could eat every morning
`and instead of beer I consumed more celery at night. My stools were
`consistently like ropes -- definitely not watery.
`I soon experimented with different vegetables and fruit and discovered
`that large quantities of any raw, unprocessed, non-starchy fruit or
`vegetables would produce perfect bowel movements when consumed
`with virtually any quantity of Hemp Hearts™, shelled hemp seeds, but
`the introduction of significant amounts of starch or blended, ground,
`cooked food always made bowel movements unpredictable. For another
`fifty days I ate at least five heaping tablespoons of Hemp Hearts™,
`shelled hemp seeds, for breakfast with raw vegetables and yogurt or
`with fruit and yogurt and consumed no food later until about six pm
`when I had a few more vegetables without dressing. I lost another fifty
`pounds and was amazed to notice that all of my typical late onset health
`problems had totally disappeared.
`That change was over ten years ago. None of my typical late onset
`health problems have since returned. I can easily work eighteen hour
`days; I never experience any illness.
`But I was certainly not the first to discover that the “heart” of the hemp
`
`2 of 5
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`
`Exhibit 1
`Page 2 of 5
`Affidavit of Mike Fata
`
`

`
`What Is Hemp, Shelled Hemp Seeds, Hemp Seeds Health Benefits ...
`
`http://www.hemphearts.com/HempHeartsHistory.htm
`
`seed could be used to change diets and reverse serious health
`conditions. The Latin name for the hemp plant, cannabis sativa, means
`most perfect food, but for at least seven thousand years before the plant
`was given its Latin name, human history was frequently linked to the
`use of hemp seeds for health and energy. Until recently, machines were
`not available for removing the shells from hemp seeds. Previously, to
`obtain the equivalent of five heaping tablespoons of Hemp Hearts™,
`shelled hemp seeds, by consuming whole seeds as harvested, would
`require the extensive chewing of about twenty tablespoons of very
`abrasive material—an extremely unpleasant task. The “hearts” of hemp
`seeds, therefore, have only been previously available in significant
`quantities to those who learned to separate the “hearts” from the shells
`by making a paste called “oil”, or by dissolving the seed contents to
`make a liquid called “hemp milk”.
`The most comprehensive and amazing scientific study ever performed
`on the effect of the “heart” of the hemp seed on human health was
`undertaken by Dr. Jan Kabelik, director of The Institute of Hygiene and
`Epidemiology at Palacky University, Dr. F. Santavy, director of the
`Institute of Medical Chemistry at Palacky University and Dr. Josef
`Sirek, Chairman of the Tuberculosis Hospital at Jince, Czechoslovakia.
`For over thirty years, when modern drugs were not available, these
`doctors and their many colleagues used the dissolved “hearts” of hemp
`seeds in a residential hospital setting, as well as in many homes nearby,
`to cure tuberculosis in all of the individuals treated--mostly children.
`Their records of their procedures and results are meticulous. Their study
`spanned a period of war when there was sometimes not much food
`available locally. It involved many individuals who arrived at their
`residential hospital in a severely malnourished state where the hemp
`diet was accompanied by other protein foods, but it also involved many
`other individuals who were supplied with hemp foods in their homes
`where their diet did not otherwise change from the diet that had
`precipitated the disease. All were cured. The doctors credited their
`success to the unique protein composition of hemp seeds. A portion of a
`report on this comprehensive study follows—as it was presented to a
`convention of doctors: Hemp as a Medicament.
`
`By word of mouth, shelled hemp seeds have been introduced to
`hundreds of
`thousands of
`individuals.
`In thousands of
`
`3 of 5
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`
`Exhibit 1
`Page 3 of 5
`Affidavit of Mike Fata
`
`

`
`What Is Hemp, Shelled Hemp Seeds, Hemp Seeds Health Benefits ...
`
`http://www.hemphearts.com/HempHeartsHistory.htm
`
`conversations, our customers have provided us with the
`information that resulted in an amazing diet described as: How To
`Obtain Maximum Benefit From Our Products.
`Their personal experiences with Hemp Hearts™ are described
`in their own handwriting in: Customer Comments About Hemp Hearts™
`And Health
`Questions?? Email: roger@hemphearts.com or call mobile 403-315-4154
`
`HEMP HEARTS™
`SHELLED HEMP SEEDS
`Health Canada License 01-T0052-C-01
`
`Adventures in Growth: Self-Sufficient Hemp Farms
`
`4 of 5
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`
`Exhibit 1
`Page 4 of 5
`Affidavit of Mike Fata
`
`

`
`What Is Hemp, Shelled Hemp Seeds, Hemp Seeds Health Benefits ...
`
`http://www.hemphearts.com/HempHeartsHistory.htm
`
`5 of 5
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`
`Exhibit 1
`Page 5 of 5
`Affidavit of Mike Fata
`
`

`
`SHELLED HEMP SEED
`
`ORGANIC SHELLED HEMP SEED
`ORGANIC SHELLED HEMP SEED
`Our Organic Shelled Hemp Seeds, also known as Hemp Hearts,
`From Hemp’s amazing seed Manitoba Harvest Certifi ed Organic
`are made by removing the hard outer shell of the hemp seed and
`Shelled Hemp Seed is created. We’ve taken the most nutritious
`packaging the most nutritious part of the seed, the inner kernel.
`part of the hemp seed, the inner kernel, removed the hard shell and
`Manitoba Harvest Organic Shelled Hemp Seed is a delicious and
`sealed it in a modifi ed atmosphere package to lock in its freshness.
`rich source of Omega-3 and Omega-6 Essential Fatty Acids (EFAs)
`Manitoba Harvest Certifi ed Organic Shelled Hemp Seed (also
`including Gamma-Linolenic Acid (GLA) and Stearidonic Acid
`(SDA) “Super Fatty Acids”. Shelled Hemp Seeds also provide an
`known as Hemp Hearts) has a pleasant nutty fl avor, similar to
`abundance of Essential Amino Acids (Protein) with 11g per serving.
`sunfl ower seeds. Th is tasty nutritional powerhouse is the choice
`topping for salad, cereal and yogurt. It is also used as an ingredient
`Sprinkle them on salad, cereal, yogurt or use in your favourite cooking
`for nutrition bars and baking. Shelled Hemp Seed is a delicious
`or baking recipe. They have a light nutty flavour similar to sunflower
`healthy snack right from the bag.
`seeds. Keep the temperature below 350 F (176 C) so you do not
`damage the precious Omegas.
`Shelled Hemp Seed is an excellent source of the Omega-3 and
`To ensure quality, Manitoba Harvest packages our Shelled Hemp
`Omega-6 Essential Fatty Acids (EFAs) and delivers these EFAs in
`Seed in light impermeable and inert gas flushed packaging. This
`a balanced 3.75:1 ratio. As well, Shelled Hemp Seed contains the
`protects the Omegas from light and oxygen which will cause
`rare fatty acid Gamma-Linolenic Acid (GLA). Beyond this, Shelled
`rancidity. Our Shelled Hemp Seed bags are also reusable.
`Hemp Seed is a super source of protein, containing all the Essential
`Our Organic Shelled Hemp Seed is made from Manitoba Harvest
`Amino Acids.
`Certified Organic hemp seed that is grown under organic standards
`Suggested Use: 2-4 Tbsp daily. Refrigerate after opening.
`by OC/PRO. Our Organic Hemp Seed contains no Genetically
`Modified Organisms (GMOs).
`Ingredients: Organic shelled hemp seed
`Suggested Use: 2-4 Tbsp daily. Refrigerate after opening.
`Contains no additives or preservatives. Gluten Free. Nut Free.
`340g Organic Shelled Hemp Seed SRP- $14.99
`Ingredients: Organic shelled hemp seed
`Soy Free. Nut Free. Gluten Free. Contains no additives or
`preservatives.
`SHELLED HEMP SEED
`12oz Organic Shelled Hemp Seed SRP- $14.99
`Manitoba Harvest Shelled Hemp Seed is produced from hemp seed
`that is grown sustainably without herbicides or pesticides. Contains
`SHELLED HEMP SEED
`no Genetically Modifi ed Organisms (GMOs).
`Manitoba Harvest Shelled Hemp Seed has the same nutritional
`profile, great taste, and applications as our Organic Shelled Hemp
`56g Shelled Hemp Seed SRP- $2.99
`Seed. Manitoba Harvest Shelled Hemp Seed is not certified organic
`227g Shelled Hemp Seed SRP- $8.99
`but made from hemp seed still grown sustainably without the use
`of any pesticides, herbicides or fungicides. No sprays of any kind
`are sprayed on our crops. Our hemp seed contains no Genetically
`Modified Organisms (GMOs).
`2oz Shelled Hemp Seed SRP- $2.99
`8oz Shelled Hemp Seed SRP- $8.99
`
`Label under construction, temporary mock-up.
`Label under construction, temporary mock-up.
`Manitoba Harvest Hemp Foods & Oils, CHFA HEMP PRO 70 Presentation, April 2009.
`
`11
`
`FH000001
`
`Exhibit 2
`Page 1 of 1
`Affidavit of Mike Fata
`
`

`
`Exhibit 3
`Page 1 of 2
`Affidavit of Mike Fata
`
`

`
`- CUT OR TEAR HERE ---------------------- >4 -
`
`V RESEALABLE STRIP (cid:9)
`
`RE$EA1I1E STRIP ’V
`
`Manitoba Harvest Shelled Hemp Seeds, also known
`as Hemp Hearts, are made by removing the hard
`outer shell and packaging the most nutritious part of
`Calories frsmFat 90
`the hemp seed, the inner kernel. To ensure quality,
`%DaitvValue
`8.6t_15fL Manitoba Harvest processes and packages all of our
`0.7g
`3%
`own products daily in our kosher and USDA organic.
`00 (cid:9)
`certified factltty. Our hemp seed a grown without
`pesticides by Canadian family farmers,
`
`Nutrition Facts (cid:9)
`rving Size 2Tbsp(3Og)
`
`Amount Per SeMng
`cwrkslBo
`
`Total Fat
`Saturated Fat
`Trans Fat (cid:9)
`tu t
`OMEGA (cid:9)
`OMEGA.6Pyunsaturote3
`05555’9 Monsunsaturates (cid:9)
`Cholwsrol (cid:9)
`Sodium
`MI Carbohydrates
`Dstarykber
`
`6.2g
`0,8g
`trw
`tag
`7a
`
`-I Commitment to Quality, from Seed to Shelf,
`
`-
`
`"
`t%
`0%
`2%
`6%
`
`0%
`
`(cid:9) source of
`Shelled Hemp Seeds are a deli
`Omega 3 & 6 Essential Fatty Acids (EFA’s), GLA
`and SDA Super Fatty Acids and provides all of the
`Essential Amino Acids (Protein).
`
`Protein
`
`’ttmlnt
`,riInC
`
`ron
`Potassium
`Janet
`raininelB1l
`Fbsflminitti
`yoxidinelB6i
`rntcActd
`I Phosphorus
`I (cid:9)
`Zinc
`Copper
`rwgsness
`b (cid:9)
`t 1i ’h (cid:9)
`
`5)51
`
`ft g
`flu
`5mt
`
`ting
`320 mg
`t,& ILI
`0.39 mg
`036mp
`0.3 mg
`210 p
`363 Mg
`171 Mg
`tag
`0.15 M9
`3 M
`
`t
`
`tth (cid:9)
`
`Sprinkle them on salad, cereal, and yogurt. They
`can also be used in your favorite cooking or baking
`recipe. Keep the temperature below 350 F (176 C)
`50 you do not damage the precious Omegas.
`To your health!
`
`20’!
`15%
`8%
`Ingredients: Shelled Hemp Seed (cid:9)
`26%
`Manufactured by Manitoba Harvest Hemp Foods & Oils
`21%
`155
`Winnipeg, MB. Canada R2R 1V4
`www.manitobaharvest.com
`52%
`info@manitobaharvest.com
`36/
`43 -
`1-800-665-HEMP
`20%
`Product of Canada
`8/
`tO%
`Soy Free. Nut Free. Gluten Free.
`Contains no additives or preservatives
`Refrigerate after opening
`
`.
`
`WN-1101 _ry-, (cid:9)
`Iootfe!1_
`
`Packaged on:
`
`l (cid:9)
`Best IBefore:
`
`-.-
`
`Visit our website at www.manitobaharvest.com
`
`;r.i.isisir!
`
`Exhibit 3
`Page 2 of 2
`Affidavit of Mike Fata
`
`(cid:9)
`

`
`Hemp Products | Shelled Hemp Seeds | Hemp Oil
`
`http://web.archive.org/web/20091228062520/http://www.hemph...
`
`http://www.hemphollow.com/
`47 captures
`3 Mar 00 - 3 Jun 13
`
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`NOV DEC JAN
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`MotherNature's SUPERFOOD!
`
`Oh the beauty of Mother Nature ---
`
`Empress Sativa Hulled Hemp Seeds are a true gift to
`mankind. This tiny, innocent, unassuming fruit of the
`Cannabis sativa L plant known as HEMP, packs a
`nutritional punch unrivaled by any other on the planet.
`Loaded with the most concentrated source of essential
`nutrients known, they are a perfect source for the omega
`fatty acids 3, 6, & 9, bringing you several times more
`omega 3 than fish. They are a perfect protein source,
`more digestible than soy, they contain more amino acids
`Click to enlarge image(s)
`than milk, meat, or eggs, they provide you with more energy than energy bars without the sugar and
`much less saturated fat. They are the perfect food for those who wish to cut down or be free of gluten,
`sugar, milk, nuts and meat.
`
`A five tablespoon serving per day - taken in the morning will hold you through lunch with complete
`nourishment.
`
`With proper nourishment like that gained from a daily intake of Hemp Seeds, and a rest from having to
`process high starch, high sugar, high saturated fat content foods, your body will heal many of the
`modern day health issues faced. Issues like high cholesterol, high blood pressure, type II diabetes,
`irritable bowl syndrome diseases like celiacs and crohns, skin & hair problems, depression, and the list
`goes on ...
`
`Give yourself the gift of a whole, healthy food on a regular basis and live a better life ...
`
`SKU 09-0001
`Weight 908.0 g
`Hulled Hemp Seeds
`Chose your quantity and save with volume
`
`1 Tub - 454g/1 Lb (Save 20%) (+$0.00)
`
`2 Tubs - ea. 454g/1 Lb (Save 22%) (+$13.99)
`
`9 Tubs - ea. 454g/1 Lb (Save 24%) (+$99.03)
`
`Autoship 9 Tubs - ea. 454g/1 Lb per qtr (Save 25%) (+$91.92)
`
`10 lb Vacuum sealed - bulk orders (+$104.00)
`
`Qty
`
`Price $19.99
`Sale Price $15.99
`
`Add to Cart
`
`Add to Wish List
`
`Per Five Tablespoon Serving (55g):
`314 calories of energy from 20g of protein
`23.2g unsaturated fats (14.9g Omega 6, 4.7g
`Omega 3, and 3.5g Omega 9)
`
`Benefits
`.55mg vitamin C
`.07mg vitamin B6
`
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`7/31/13 6:15 AM
`
`Exhibit 4
`Page 1 of 3
`Affidavit of Mike Fata
`
`

`
`Hemp Products | Shelled Hemp Seeds | Hemp Oil
`
`http://web.archive.org/web/20091228062520/http://www.hemph...
`
`NOV DEC JAN
`
`28
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`2009
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`2002
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`2011
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`47 captures
`3 Mar 00 - 3 Jun 13
`
`3.3g fiber
`2.6mg iron
`40.6 mg calcium
`5mg soduim
`5 mg vitamin E
`
`See More on Hemp Seeds (Hearts)
`The Facts of Hemp Seeds
`
`1200 IU vitamin D
`2.2 IU vitamin A
`.38 g potassium
`.4 g phosphorus
`
`Still Need More Convincing ... Need to know WHY every family
`in North America should be eating Hemp Food Daily?
`Click Here
`
`Note: All prices in Canadian Dollars
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`Date & Apple Energy Bars
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`Hemp Bark
`Price $4.00
`Sale Price $3.00
`
`Hemp Burger Mix
`Price $17.99
`Sale Price $15.99
`
`Hemp Coffee
`Price $19.00
`Sale Price $16.00
`
`Hemp Milk - HEMP MOO
`(27X250ml cartons)
`
`2 of 3
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`7/31/13 6:15 AM
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`Exhibit 4
`Page 2 of 3
`Affidavit of Mike Fata
`
`

`
`Hemp Products | Shelled Hemp Seeds | Hemp Oil
`
`http://web.archive.org/web/20091228062520/http://www.hemph...
`
`47 captures
`3 Mar 00 - 3 Jun 13
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`2002
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`NOV DEC JAN
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`28
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`2009
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`2011
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`Hemp Nutrition Cookie
`Price $1.60
`Sale Price $1.50
`
`Lip Balm
`
`HEMP Your Way to Health - Our 30 Day Challenge
`
`Are you Sick and Tired of Being Sick and Tired?
`
`Sign up to win a year's Free Supply of Hemp Seeds
`
`Draw - December 20, 2009
`
`Copyright 2009© HempHollow.com, Edmonton, AB, Canada
`(owned and operated by Wilmar Farms Inc.)
`info@hemphollow.com
`
`Image
`
`3 of 3
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`7/31/13 6:15 AM
`
`Exhibit 4
`Page 3 of 3
`Affidavit of Mike Fata
`
`

`
`mum's original
`
`http://web.archive.org/web/20100722050541/http://www.mums...
`
`22
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`2010
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`2011
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`APR JUL
`
`2009
`
`http://www.mumsoriginal.com/
`133 captures
`9 Jan 02 - 14 Jun 13
`
`Go
`
`Mum’s Original™ Featured Products
`Mum’s Original™ Slow Roasted Hemp Hearts
`Mum’s Original Slow Roasted Hemp Hearts are
`RAWsome. Not only are these raw, but our Roasted
`Hemp Hearts taste fabulous. Crunchy and richly
`nutty-tasting our hulled Hemp Hearts are a delicious
`way to boost your complete protein and EFAs! One
`tablespoon provides 5g of easily digestible
`vegetable protein and over 1.2g of Omega 3. Rich in
`chlorophyll, vitamin E, enzymes and GLA, our
`Roasted Hemp Hearts can be eaten on their own or
`easily sprinkled on cereal, yogurt, pasta, soups,
`salads and used in smoothies. Roasted at less than
`117F, these not only taste awesome but are truly
`RAWsome.
`330 Gram bag.
`
`Click here to view all Mum’s Original™ products
`
`Copyright © 2010, Stealth Health Foods Inc | All rights reserved.
`
`1 of 1
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`7/31/13 5:20 AM
`
`Exhibit 5
`Page 1 of 1
`Affidavit of Mike Fata
`
`

`
`Organic Hemp Hearts | Where to Buy Hemp Hearts
`
`http://web.archive.org/web/20110426151158/http://store.nutiva...
`
`http://store.nutiva.com/organic-hemp-hearts/
`
`Go
`
`MAR APR
`
`9 captures
`26 Apr 11 - 21 May 13
`
`2010
`
`Nutiva
` - nourishing people & planet®
`Organic Hemp Hearts
`Hemp Hearts are a raw, vegan, gluten-free, and certified organic source of protein, vitamins, minerals and essential fatty
`acids.
`
`They are a versatile superfood with many uses, and are a favorite among athletes and health conscious foodies who
`want to add a flavorful and nutritious food to their recipes.
`Available Sizes:
`Click to enlarge
`Note hemp hearts and hempseed are the same delicious thing!
`
`DEC
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`2012
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`26
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`2011
`
`Rating:
`Did You Know?
`Hemp hearts can be added to just about any food for a protein and Omega fatty acid rich boost to your diet. The proportion of fatty acids in one tablespoon of hemp
`heart oil can fulfill the daily requirement of EFAs, and unlike flax oil, clinical studies have shown that daily intake of hemp oil will not create a deficiency or imbalance
`of EFAs.
`
`1 of 3
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`7/31/13 4:34 AM
`
`Exhibit 6
`Page 1 of 3
`Affidavit of Mike Fata
`
`

`
`Organic Hemp Hearts | Where to Buy Hemp Hearts
`
`http://web.archive.org/web/20110426151158/http://store.nutiva...
`
`9 captures
`26 Apr 11 - 21 May 13
`
`2010
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`MAR APR
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`2012
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`26
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`2011
`
`Nutiva's Organic Raw Shelled Hemp Hearts:
`Contain 33% protein; 9% omega-3; rich in iron, vitamin E, and GLA (gamma-linolenic acid)
`Are a good source of dietary fiber, calcium and antioxidants including chlorophyll.
`Are legally grown by Canadian farmers
`Omega fatty acids, such as those found in Nutiva's hemp hearts are vital for the health of skin and hair, strong bones and joints, heart health, proper metabolic and
`reproductive function. Omega-3 fatty acids may help reduce inflammation associated with arthritis and other joint issues as well. Clinical signs of essential fatty acid
`deficiency includes skin rashes, dry hair, hair loss, slow wound healing, stunted growth in children, and an increased susceptibility to infection.
`Hemp hearts are generally safe for people with nut or seed allergies, and are