throbber
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
`ESTTA637935
`ESTTA Tracking number:
`11/10/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91203539
`Plaintiff
`American Council on Exercise
`NEIL D GREENSTEIN
`TECHMARK
`3525 DEL MAR HEIGHTS ROAD, 780
`SAN DIEGO, CA 92130
`UNITED STATES
`steven.mashal@acefitness.org, markr@branfrman.com, ndg@techmark.com,
`cmp@techmark.com
`Testimony For Plaintiff
`Neil D. Greenstein
`ndg@techmark.com, cmp@techmark.com
`/ndg-pto/
`11/10/2014
`2014-11-10-NDG-Final-Notice of Filing of Testimony Transcript-Cedric Bry-
`ant.pdf(7288 bytes )
`2014-06-27-ACE. v. MARTIN-Dated 2014.06.11-C. Bryant Depo Transcript-For
`Filing.pdf(3763724 bytes )
`Exh. 10-2014-05-19-Notice of Testimony Depo-Cedric X. Bryant.PDF(101771
`bytes )
`Exh. 11-ACE Fitness Expert Profiles-Website-Stamp.pdf(245158 bytes )
`Exh. 12-Bryant ACE PT Manual_4thEd_GHIJK-Stamp.pdf(209270 bytes )
`Exh. 13-Bryant ACE_GFI_Manual_CDEF-Stamp.pdf(172250 bytes )
`Exh. 14-Bryant ACE_HealthCoach_BCDE-Stamp.pdf(696642 bytes )
`Exh. 15-Bryant AHFS-Stamp.pdf(313235 bytes )
`Exh. 16-Bryant ACE_EssExSci_lores_GHIJK-Stamp.pdf(549894 bytes )
`Exh. 17-ACE study removes the -it-s too dangerous- excuse _ Dallas Morning
`News.pdf(184240 bytes )
`Exh. 18-Bryant Early Publications-Stamp.pdf(444766 bytes )
`Exh. 19-Bryant ACE_FNSmanual-Stamp.pdf(635420 bytes )
`Exh. 20-Bryant SeniorFitness_ABCD-Stamp.pdf(473399 bytes )
`Exh. 21-ACE Exercise Ball-DSCN3366.pdf(5275746 bytes )
`Exh. 22-ACE Certified Portfolio-DSCN3365.pdf(5636516 bytes )
`Exh. 23-Best Places to Work-DSCN3363.pdf(5370308 bytes )
`Exh. 24-San Diego Proclamation-DSCN3364.pdf(5617872 bytes )
`Exh. 25-Web Marketing Award-DSCN3362.pdf(5103656 bytes )
`Exh. 26-ACE Water-View 1-Stamp.pdf(240458 bytes )
`Exh. 27-ACE Water-View 2-Stamp.pdf(215266 bytes )
`
`

`
`AMERICAN COUNCIL ON EXERCISE
`
` Opposer,
`
`
`
`
`vs.
`
`
`
`)
`)
`)
`)
`) Opposition No. 91203539
`)
`)
`)
`
`)
`
`Applicant.
`________________________________________________)
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Trademark Application Ser. No. 85284664
`Mark: ACE WATER (words only)
`
`
`
`WILLIAM JOHN MARTIN,
`
`
`
`NOTICE OF FILING
`
`Pursuant to Trademark Rules 2.123 and 2.125, Opposer American Council on Exercise
`(“ACE”) submits the trial deposition transcript (including errata pages and certificate of service
`on Applicant) and exhibits of Opposer’s witness, Cedric X. Bryant, which was taken on June 11,
`2014.
`
`I hereby certify that a true and complete copy of this Notice of Filing is being served on
`Applicant today by first class mail, postage pre-paid, addressed as follows:
`
`W. John Martin, M.D.
`1634 Spruce Street
`South Pasadena, CA 91030
`
`Dated: November 10, 2014
`
` /s/ Neil D. Greenstein
`Neil D. Greenstein
`
`- 1 -
`
`

`
`
`
`H_UICHEN_GS
`SERV
`.Uhgohgg
`
` ORIGINAL
`
`IN THE UNITED STATES PATENT AN
`
`'7 TRADEMAKK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL
`
`BOARD
`
`In the matter of Trademark
`85284664
`
`Application Ser. No.
`Mark:
`ACE WATER
`(words only)
`
`AMERICAN COUNCIL ON
`
`EXERCISE,
`
`Opposer,
`
`vs.
`
`Opposition
`No. 9l203539
`
`WILLIAM JOHN MARTIN,
`
`Applicant,
`
`TESTIMONY DEPOSITION OF CEDRIC XAVIER BRYANT,
`
`Ph.D.,
`
`a witness herein, noticed by TechMark,
`
`Greenstein Law, P.C.,
`
`at 462 Stevens Avenue,
`
`Solana Beach, California, at 10:03 a.m., on
`
`Wednesday,
`
`June ll,
`
`20l4, before Anne E. Pothier,
`
`CSR 9262.
`
`Hutchings Number 509923
`
`t 800.697.3210
`
`wvvw.hutchings.com
`
`400 N‘ Tustin Ave., Ste 301
`Santa Ana, CA 92705 ;
`
`
`ififififilflfifififififififih
`
`

`
`CEDRIC XAVIER BRYANT,Ph.D.
`
`— 6/11/2014
`
`Page 2
`
`APPEARANCES OF COUNSEL:
`
`CD\lO‘\U‘|:J>-U.)[\)I—‘
`
`9
`
`10
`
`11
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`12
`
`13
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`19 L
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`20
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`21
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`22 A
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`23
`
`24 I
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`25
`
`For Opposer American Council on Exercise:
`
`TECHMARK
`
`GREENSTEIN LAW, P.C.
`
`BY NEIL D. GREENSTEIN
`
`3525 Del Mar Heights Road, Suite 780
`
`San Diego, California
`
`92130
`
`(858) 704-0515
`
`NDG@Techmark.com
`
`and
`
`AMERICAN COUNCIL ON EXERCISE
`
`BY STEVEN MASHAL, CORPORATE COUNSEL
`
`4851 Paramount Drive
`
`San Diego, California
`
`92123
`
`(858) 576-6544
`
`Steven.mashal@acefitness.org
`
`For Applicant William John Martin:
`
`W.
`
`JOHN MARTIN, M.D., Ph.D.
`
`(Telephonic appearance)
`
`IN PROPRIA PERSONA
`
`1634 Spruce Street
`
`South Pasadena, California
`
`91030
`
`(626) 616-2868
`
`Wjohnmartin@hotmail.com
`
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`
`ITIGATION SERVICES - GLOBAL LEGAL SERVICES
`800.697.3210
`
`

`
`II‘|'—‘©KO(I)\lOWU1nJ>-LL)l\)|—‘
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`
`CEDRIC XAVIER BRYANT,Ph.D.
`
`-
`
`6/l1/2014
`
`WITNESS
`
`6
`
`DIRECT
`EXAM
`
`CROSS
`EXAM
`
`REDIRECT
`EXAM
`
`E X H I B I T S
`
`EXHIBIT
`
`DESCRIPTION
`
`IDENTIFIE
`
`Exhibit
`
`Notice of Taking Testimony
`Deposition of Cedric X.
`Bryant, Ph.D.; Certificate
`of Service
`
`ACE Fitness Expert Profiles’
`
`ACE Personal Trainer Manual,
`Fourth Edition, Cover Page,
`Table of Contents, and
`Page 576
`
`ACE Group Fitness Instructor
`Manual, Third Edition,
`Cover Page, Copyright Page,
`and Table of Contents
`
`ACE Health Coach Manual,
`Cover Page, Copyright Page,
`Table of Contents, and
`Pages 149 to 151
`
`Exhibit
`
`Exhibit
`
`Exhibit
`
`ACE Advanced Health & Fitness
`
`Specialist Manual, Cover
`Page, Copyright Page,
`Table of Contents, and
`Pages 112 to 117
`
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`
`800.697.3210
`
`

`
`CEDRIC XAVIER BRYANT,Ph.D.
`
`- 6/11/2014
`
`Page 4
`
`I N D E X -
`
`(Continued)
`
`E X H I B I T S -
`
`(Continued)
`
`EXHIBIT
`
`DESCRIPTION
`
`IDENTIFIED
`
`Exhibit 16 ACE's Essentials of
`Exercise Science for Fitness
`Professionals, Cover Page,
`Copyright Page, Table of
`Contents,
`and Pages 181
`and 182
`
`22
`
`Exhibit 17
`
`News
`
`The Dallas Morning
`Article,
`"ACE Study Removes
`the
`‘It's Too Dangerous‘
`Exercise for not Trying
`Hot Yoga"
`
`Exhibit 18
`
`The StairMaster Fitness
`Handbook, A User's
`Guide to Exercise
`
`
`
`Testing and Prescription,
`Cover Page and Copyright
`Page; ACSM‘s Guidelines
`for Exercise Testing and
`5th Edition,
`Prescription,
`The StairMaster
`Cover Page;
`Fitness Handbook, A User's
`Guide to Exercise Testing
`and Prescription, 2nd Edition,
`Cover Page and Copyright
`Page; Exercise Science,
`101 Frequently Asked
`Questions about
`‘Health & Fitness‘ and
`‘Nutrition & Weight Control,‘
`Cover Page and Copyright Page
`
`Exhibit 19
`
`ACE Fitness Nutrition
`Manual, Cover Page,
`Copyright Page, Table of
`Contents, Introduction,
`and Pages 96 to 100
`
`Exhibit 20
`
`ACE Senior Fitness
`Manual, Cover Page,
`Copyright Page, and
`Table of Contents
`
`
`
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`HUTCHINGS LITIGATION SERVICE
`800.697.3210
`
`- GLOBAL LEGAL SERVICES
`
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`
`OO\1O\U‘|s1>-(;L)l\)|4
`
`CEDRIC XAVIER BRYANT,Ph.D. -
`
`6/11/2014
`
`Page 5
`
`I N D E X —
`
`(Continued)
`
`E X H I 3 I T S —
`/
`
`(Continued)
`
`EXHIBIT
`
`DESCRIPTION
`
`IDENTIFIED MARKED
`
`44
`
`45
`
`44
`
`45
`
`Exhibit
`
`Exhibit
`
`Exhibit
`
`Exhibit
`
`Exhibit
`
`Exhibit
`
`Exhibit
`
`Photograph of ACE
`Fitness Ball
`
`Photograph of ACE
`Portfolio
`
`Photograph of San Diego
`Business Journal Award
`
`Photograph of The City
`of San Diego Proclamation
`
`Photograph of Web
`Marketing Association
`Award
`
`Photograph of ACE Water
`Bottle
`
`Photograph of ACE Water
`Bottle
`
`
`
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`
`GLOBAL LEGAL SERVICES
`
`

`
`CEDRIC XAVIER BRYANT,Ph.D.
`
`- 6/11/2014
`
`Page 6
`
`CEDRIC XAVIER BRYANT, Ph.D.,
`
`a witness herein, having been sworn, testifies as
`
`follows:
`
`-DIRECT EXAMINATION-
`
`BY MR. GREENSTEIN:
`
`Q. Could you please state your full name,
`
`including your middle name and any nicknames, and spell
`
`it for the court reporter.
`
`A. Cedric Xavier Bryant, C—e—d—r—i—c, middle name
`
`Xavier, X—a—v—i—e—r, last name Bryant, B—r—y—a—n—t.
`
`Q. Okay. And I have for the court reporter here
`
`as part of the exhibits -- and I'm starting the exhibits
`
`here at Exhibit Number 10.
`
`I believe we ended
`
`Dr. Martin's deposition at 8, so we'll just leave 9
`
`blank for now so that we can make sure we don't overlap
`
`on any exhibit numbers.
`
`And I have marked this as Exhibit Number 10, and
`
`this is the Notice of Taking Testimony Deposition of
`
`Mr. Bryant, which had been served on Dr. Martin back on
`
`May 19th.
`
`(Whereupon the document referred to is identified
`
`on the record and has been marked as Exhibit 10 for
`
`10:03
`
`identification.)
`
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`HUTCHIN
`
`GS LITIGATION SERVICES
`
`- GLOBAL LEGAL SERVICES
`
`800.697.3210
`
`

`
`CEDRIC XAVIER BRYANT,Ph.D.
`
`— 6/ll/2014
`
`Page
`
`MR. GREfiNSTfiIN: And that is also part of the
`
`electronic exhibits.
`
`You have both paper and the
`
`electronic copy here.
`
`Q. Okay. Dr. Bryant, can you please provide your
`
`educational background.
`
`A.
`
`Sure.
`
`I have a Ph.D.
`
`in physiology from
`
`Penn State University, which I received in l989. And I
`
`have taught at a number of universities since that time,
`
`Penn State, West Point,
`
`the military academy,
`
`United States Military Academy at West Point, during
`
`which point at West Point I was involved in a project to
`
`get the soldiers educated and ready with regard to
`
`Operation Desert Storm, which really focused on the
`
`thermoregulatory challenges that they would face doing
`
`battle in that environment.
`
`And a lot of that focused on the importance of
`
`hydration and, you know, consuming adequate fluids,
`
`namely water and some electrolyte—enhanced beverages,
`
`to
`
`help ensure that the soldiers could maintain appropriate
`
`thermoregulation in that type of environment.
`
`Q. Okay. Prior to your Ph.D., what education did
`
`you get?
`
`A.
`
`I have a master's in exercise science from
`
`Penn State as well, and I have a bachelor's from Rutgers
`
`University.
`
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`
`HUTCHINGS LITIGATION SERVICES - GLOBAL LEGAL SERVICES
`800.697.3210
`
`

`
`CEDRIC XAVIER BRYANT,Ph.D.
`
`— 6/11/2014
`
`Q. With respect to your work experience, you
`
`mentioned a little bit with the military.
`
`Could you also go through briefly your work
`
`experience from getting your Ph.D. onward.
`
`A.
`
`Sure.
`
`The laboratory where I received my
`
`Ph.D., and I subsequently went back as part of the
`
`faculty, was the Noll Human Performance Laboratory, and
`
`it's well noted for having one of the leading
`
`environmental physiology laboratories in the world.
`
`And we did a lot of research looking at altitude
`
`issues as well as thermoregulatory and heat
`
`stress—related issues from an occupational standpoint
`
`and from an athletic performance standpoint.
`
`And so my career has really involved a lot of focus
`
`at looking at issues related to thermoregulatory stress
`
`and how we can do things to serve as countermeasures to
`
`protect the human from those stressors.
`
`And hydration is one of the key means of doing so
`
`because the primary mechanism by which humans maintain a
`
`normal body temperature when exposed to heat stress is
`
`through evaporative cooling. We perspire. That
`
`perspiration will be evaporated and, as a result, it
`
`cools the body.
`
`What dictates how much sweating occurs and how soon
`
`sweating occurs is the level of one's hydration, and
`
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`25
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`HUTCHINGS LITIGATION SERVICES - GLOBAL LEGAL SERVICES
`800.697.3210
`
`

`
`CEDRIC XAVIER BRYANT,Ph.D. — 6/11/2014
`
`Page 9
`
`that's really a function of what we consume in terms of
`
`fluids. And what we know is that making sure that
`
`individuals maintain adequate levels of hydration is
`
`going to greatly reduce their risk of sustaining a heat
`
`illness or injury when doing any type of physical
`
`activity or physical work.
`
`And so much of my career is really focused on
`
`educating people in terms of how to deal with those
`
`challenges and stressors, and really one of the most
`
`effective ways to do that is to consume adequate amounts
`
`of drinking water and fluids.
`
`Q. And in this work experience, what companies
`
`have you worked for?
`
`A.
`
`I've worked for several different universities,
`
`which I mentioned earlier, Penn State, Arizona State,
`
`and the United States Military Academy at West Point.
`
`I've also worked in the commercial sector for
`
`StairMaster Sports/Medical Products as their Senior VP
`
`of Research and Development.
`
`And the focus there was designing the exercise
`
`equipment and products. But one of the things that we
`
`also did, which was pretty unique,
`
`is that we had a
`
`Health & Fitness Institute, which I was a director of.
`
`And a lot of our focus there was on trying to help
`
`instruct people in terms of how to best utilize the
`
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`HUTCHINGS LITIGATION SERVICES — GLOBAL LEGAL SERVICES
`800.697.3210
`
`

`
`CEDRIC XAVIER BRYANT,Ph.D. — 6/11/2014
`
`Page 10
`
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`exercise products as well as having the most pleasurable
`
`experience with the products, if you will. And a lot of
`
`that really focused on, again, hydration because
`
`whenever we expend energy, particularly at high levels,
`
`we produce what we refer to as a lot of metabolic heat.
`
`And if the individual isn't able to effectively
`
`dissipate that heat,
`
`they can get themselves into
`
`problems, and the experience becomes a very unpleasant
`
`one. And that's why the whole understanding and
`
`appreciation of adequate and proper hydration is crucial
`
`to any type of human work or physical activity.
`
`Q. And after you were employed by StairMaster, who
`
`were you employed by?
`
`A.
`
`The American Council on Exercise, which is
`
`commonly referred to as ACE, you know,
`
`in the popular
`
`press as well as in the industry.
`
`Q. And how long have you been employed at ACE?
`
`A.
`
`I've been employed at ACE for 13 years.
`
`19 I
`
`. And how long were you employed at StairMaster?
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`.
`
`I was at StairMaster for 10 1/2 years.
`
`. What is your title at ACE?
`
`.
`
`I'm the chief science officer.
`
`Q. And can you explain your job responsibilities.
`
`A. My job responsibilities consist of creation of
`
`virtually all of our educational materials from our
`
`
`
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`HUTCHINGS LITIGATION SERVICES - GLOBAL LEGAL SERVICES
`800.697.3210
`
`

`
`CEDRIC XAVIER BRYANT,Ph.D. — 6/11/2014
`
`Page ll
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`certification materials to our preparatory materials for
`
`those individuals that are becoming certified.
`
`I also serve as an expert spokesperson for the
`
`organization with various media outlets on a variety of
`
`topics related to health, fitness, and nutrition.
`
`I also am involved in managing our external
`
`research program where we will conduct research studies
`
`on various products, programs,
`
`trends that we see in the
`
`health and fitness sector.
`
`In fact, our organization
`
`received the moniker from the Wall Street Journal as
`
`kind of being the "Workout Watchdog."
`
`Q. When did you receive that moniker?
`
`A. That was as far back as l997, actually.
`
`'
`
`Q. And can you describe for me, generally, what
`
`"
`
`the nature of ACE's business is.
`
`A. We are a certification, education, and training
`
`organization for health and fitness professionals, but
`
`we also —— because of our nonprofit focus and mission,
`
`we also do quite a bit in the area of consumer education
`
`and protection.
`
`The protection occurs on two dimensions, by making
`
`sure that the professionals who work with the consumers
`
`are appropriately trained and then also directly
`
`educating the consumers with regard to safe, sound
`
`practices as well as helping them to be able to make
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`HUTCHINGS LITIGATION SERVICES - GLOBAL LEGAL SERVICES
`800.697.3210
`
`

`
`CEDRIC XAVIER BRYANT,Ph.D.
`
`- 6/11/2014
`
`Page 12
`
`informed decisions with regard to many of the products
`
`and programs that are frequently marketed to the
`
`consumers to help them to be able to make informed
`
`decisions.
`
`Q.
`
`I hand you —— and also on the computer in front
`
`of you is Exhibit Number 11. Again, this has been
`
`premarked, and this is a printout of a webpage from the
`
`Acefitness.org website discussing the ACE fitness expert
`
`profiles.
`
`(Whereupon the document referred to is identified
`
`on the record and has been marked as Exhibit 11 for
`
`identification.)
`
`MR. GREENSTEIN:
`
`
`
`Q. And I see that you are listed there; is that
`
`correct?
`
`A. That is correct, yes.
`
`Q. And is that profile about you accurate?
`
`A.
`
`It is accurate, yes.
`
`Q. Okay. Can you describe for me whether you have
`
`had any speaking engagements.
`
`A. Yes.
`
`I'm a frequent speaker, both domestically
`
`and internationally, at various health, fitness, and
`
`nutrition trade shows, conferences, symposia.
`
`Q. And do those health and fitness speaking
`
`engagements that you've participated in involve drinking
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`HUTCHINGS LITIGATION SERVICES -
`
`GLOBAL LEGAL SERVICES
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`800.697.3210
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`CEDRIC XAVIER BRYANT,Ph.D. - 6/11/2014
`
`Page 13
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`A. Yes,
`
`they do. Yes.
`
`Q.
`
`In what way?
`
`A. Well,
`
`there are —— For example,
`
`just last
`
`summer,
`
`I led a panel discussion of a variety of experts
`
`answering different questions, kind of everything you'd
`
`want to know but didn't know where to go for the answer
`
`type of a thing regarding various aspects to health,
`
`fitness, and nutrition.
`
`And one of the more frequently posed questions
`
`deals with how do we optimize performance?
`
`And one of
`
`the ways to do that is to look at different nutritional
`
`considerations, and among the most important is making
`
`sure that the clients that you're working with are
`
`drinking adequate amounts of water and fluids.
`
`Q. Have you authored any books or manuals?
`
`A. Yes,
`
`I have.
`
`Q. Okay.
`
`I hand you what has been premarked
`
`Exhibit Number 12, which is a cover page and table of
`
`contents of a —— and,
`
`I’m sorry, also page 576 from a
`
`manual that's called the ACE Personal Trainer Manual.
`
`(Whereupon the document referred to is identified
`
`on the record and has been marked as Exhibit 12 for
`
`identification.)
`
`MR. GREENSTEIN:
`
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`
`HUTCHINGS LITIGATION SERVICES - GLOBAL LEGAL SERVICES
`800.697.3210
`
`

`
`CEDRIC XAVIER BRYANT,Ph.D. - 6/11/2014
`
`Page 14
`
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`Do you recognize those pages?
`
`Yes,
`
`I do.
`
`Q. And what was your involvement in conjunction
`
`with that manual?
`
`A.
`
`I was the chief technical editor for that
`
`Q. And is this a fairly popular manual that ACE
`
`produces?
`
`A. Yes, it is.
`
`It is really our most popular
`
`manual, and we probably sell in excess of 20,000 copies
`
`of this manual annually.
`
`Q. What is the purpose of this manual?
`
`A.
`
`It is an educational resource for health and
`
`fitness professionals who are focused on the discipline
`
`of personal training.
`
`Q. And you may also want to take a look at what is
`
`numbered page 576, but which is page 4 of the document.
`
`Does this manual have any relationship to fitness
`
`and hydration and drinking water?
`
`Are you still there, Dr. Martin?
`
`THE COURT REPORTER: Off record for a moment?
`
`MR. GREENSTEIN: Off the record for a moment.
`
`(Interruption in the deposition.)
`
`MR. GREENSTEIN:
`
`I don't know if you heard this
`
`question, so why don't I have the court reporter read
`
`
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`HUTCHINGS LITIGATION SERVICES - GLOBAL LEGAL SERVICES
`800.697.3210
`
`

`
`
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`CEDRIC XAVIER BRYANT,Ph.D. — 6/11/2014
`
`Page 15,
`
`back the last question.
`
`(The record is read by the reporter:
`
`"And you may also want to take
`
`a look at what is numbered page 576,
`
`but which is page 4 of the document.
`
`"Does this manual have any
`
`relationship to fitness and
`
`hydration and drinking water?")
`
`THE WITNESS: Yes, it does. What it does,
`
`this --
`
`then you may need some of the commercially produced --
`
`there's a table on this page that provides the
`
`guidelines that the National Athletic
`
`Training Association has put forth for individuals to
`
`follow who are engaged in physical activity with respect
`
`to drinking water and fluids.
`
`And basically,
`
`the basic premise is that it tells
`
`the person to consume adequate amounts of fluids prior
`
`to activity and water to drink at regular intervals
`
`during the activity, and then following the activity,
`
`to
`
`drink water and other beverages, depending upon the
`
`duration of the activity,
`
`to replenish what's been lost.
`
`And kind of the general rule of thumb is that if
`
`the activity is of a moderate intensity and is below one
`
`hour, drinking water will meet your needs.
`
`If the
`
`activity is of a higher intensity and longer duration,
`
`
`
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`
`HUTCHINGS LITIGATION SERVICES - GLOBAL LEGAL SERVICES
`800.697.3210
`
`

`
`CEDRIC XAVIER BRYANT,Ph.D. - 6/11/2014
`
`Page 16
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`some sports beverages like your Gatorades and Powerades
`
`as an example.
`
`MR. GREENSTEIN:
`
`Q.
`
`I now hand you what has been marked
`
`Exhibit Number 13, which is the cover page, copyright
`
`page, and table of contents of a document entitled
`
`"ACE Group Fitness Instructor Manual."
`
`(Whereupon the document referred to is identified
`
`on the record and has been marked as Exhibit 13 for
`
`identification.)
`
`MR. GREENSTEIN:
`
`Q. Do you recognize those pages?
`
`A. Yes,
`
`I do.
`
`Q. And what are those pages?
`
`A. These are the pages from the manual that is
`
`directed toward those individuals who work with clients
`
`in a group setting,
`
`formerly referred to as aerobic
`
`dance and now more generically group fitness
`
`instruction, where you have large groups of individuals
`
`who are led by one kind of expert or instructor who
`
`leads them in a physical activity experience.
`
`And this manual as well focuses on the importance
`
`of appropriate and proper hydration. And really those
`
`same basic principles that are outlined in the Personal
`
`Trainer Manual are also outlined in this manual with
`
`
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`
`HUTCHINGS LITIGATION SERVICES - GLOBAL LEGAL SERVICES
`
`800.697.3210
`
`

`
`CEDRIC XAVIER BRYANT,Ph.D.
`
`— 6/ll/2014
`
`Page 17
`
`regard to depending upon intensity and duration will
`
`dictate how much and what type of fluid one should
`
`consume.
`
`If it's moderate in duration,
`
`less than 60 minutes,
`
`then drinking or consuming water is adequate to meet
`
`one‘s needs.
`
`If it‘s a higher intensity activity and
`
`greater than an hour,
`
`then you may need some
`
`electrolyte—enhanced beverage as well as with some extra
`
`carbohydrate, which you see in the commercially marketed
`
`beverages like Gatorade and Powerade.
`
`Q. And is this ACE Group Fitness Instructor
`
`Manual, Exhibit 13, a popular manual?
`
`A.
`
`It is. We probably —— We have about 13,000
`
`group fitness instructors that are certified by us.
`
`Q. You described a little bit about fitness and
`
`hydration with respect to this particular manual.
`
`Is that something —— Is fitness and hydration an
`
`important part of this manual?
`
`A. Yes, because one of the things that —— if you
`
`get back to one of the fundamental purposes of ACE
`
`organizationally is a certifying organization, one of
`
`the reasons why that's done is for consumer protection.
`
`And one of the areas where safety is a critical
`
`issue is with regard to helping individuals avoid
`
`experiencing some type of a heat illness or injury as a
`
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`HUTCHINGS LITIGATION SERVICES - GLOBAL LEGAL SERVICES
`800.697.3210
`
`

`
`CEDRIC XAVIER BRYANT,Ph.D. - 6/11/2014
`
`Page 18
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`result of the demands that occur when one‘s physically
`
`active in any type of a heat—stressful environment.
`
`So it's really a fundamental focus of all the
`
`manuals.
`
`Particularly, we talk about kind of injury
`
`prevention.
`
`Q. And did you have any personal involvement in
`
`the creation of this manual?
`
`A. Yes.
`
`I was the chief editor of this manual as
`
`Q. Okay.
`
`I hand you what has been premarked
`
`Exhibit Number 14, and the cover page refers to this as
`
`the ACE Health Coach Manual. And you will see in the
`
`bottom left, I have numbered each of these pages as --
`
`these are just portions out of this ACE Health Coach
`
`Manual.
`
`(Whereupon the document referred to is identified
`
`on the record and has been marked as Exhibit 14 for
`
`identification.)
`
`MR. GREENSTEIN:
`
`Q.
`
`So I would ask you to take a look at that and
`
`tell me if you recognize that document.
`
`A. Yes,
`
`I do.
`
`Q. Can you tell me what it is.
`
`A.
`
`It's the ACE Health Coach Manual,
`
`which is
`
`our —— it's the manual that supports our certification
`
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`HUTCHINGS LITIGATION SERVICES - GLOBAL LEGAL SERVICES
`800.697.3210
`
`

`
`CO\1O\U‘|nl>-(Ju)l\)|~‘
`
`CEDRIC XAVIER BRYANT,Ph.D.
`
`- 6/11/2014
`
`Page
`
`program that's aimed at helping to give professionals
`
`the skills to really help individuals with the process
`
`of behavior and to really coach them through making
`
`those lifestyle changes that are going to enhance their
`
`health profiles, basically.
`
`Q. Now, with respect to Exhibit Number 14, we do
`
`have selected pages of the manual there.
`
`Can you tell me the focus of those pages.
`
`A. What you have is you've extracted some pages
`
`from the nutrition -— one of the nutrition chapters and
`
`focusing on the importance o: proper water consumption
`
`as it relates to helping -— to, again, help the
`
`individual avoid injury and optimize performance.
`
`And there is a nice figure illustration that shows
`
`when certain percentages 0: body weight is lost and what
`
`happens in terms of the individual's performance, again,
`
`showing f— and that's on page 6 of the document and it's
`
`Figure 6-8. And it kind of clearly illustrates the risk
`
`one takes if they don't properly consume water and other
`
`beverages.
`
`Q. What is the overall purpose of this Exhibit 14?
`
`A.
`
`It is to educate and inform the readers of this
`
`manual to understand the important role that proper
`
`water consumption and general fluid consumption has with
`
`lO:23
`
`regard to optimal performance as well as avoidance of
`
`
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`HUTCHINGS LITIGATION SERVICES - GLOBAL LEGAL SERVICES
`800.697.3210
`
`

`
`CEDRIC XAVIER BRYANT,Ph.D.
`
`— 6/11/2014
`
`Page 20
`
`injury.
`
`Q.
`
`A.
`
`Is this a popular manual?
`
`It is. This is one that is growing in its
`
`popularity because it's really kind of an emerging
`
`discipline, but it's arguably our fastest growing one.
`
`Q.
`
`I hand you what has been premarked
`
`Exhibit Number 15, which has a cover page ACE Advanced
`
`Health & Fitness Specialist Manual. Again,
`
`there are
`
`excerpts from this manual. And to the extent we need to
`
`reference particular page numbers,
`
`there are numbers in
`
`the bottom left corner.
`
`(Whereupon the document referred to is identified
`
`on the record and has been marked as Exhibit 15 for
`
`arthritis, a variety of conditions.
`
`identification.)
`
`MR. GREENSTEIN:
`
`Q. Can you describe for me what is in that
`
`exhibit.
`
`A. Okay. This is the manual that supports our
`
`highest level of credential that we offer, and it's
`
`really designed for training and educating those
`
`individuals who are going to work with folks who have
`
`special medical conditions, a variety of chronic
`
`illnesses, whether it's diabetes, hypertension,
`
`individuals who are older in age or suffering from
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`HUTCHINGS LITIGATION SERVICES - GLOBAL LEGAL SERVICES
`800.697.3210
`
`

`
`CEDRIC XAVIER BRYANT,Ph.D. - 6/11/2014
`
`Page
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`21
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`And so it's really for that kind of special
`
`populations market, and it's really —— as the name
`
`connotes, it's an advanced credential.
`
`And as I look through this exhibit,
`
`there again is
`
`a lot of information with regard to the important role
`
`that proper hydration, water and fluid consumption, have
`
`with regard to helping individuals, you know, avoid any
`
`type of untoward events as well as being able to
`
`optimiz

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