throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA687022
`ESTTA Tracking number:
`07/31/2015
`
`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 ex-
`tension
`Address
`
`DERMAdoctor, Inc.
`08/01/2015
`
`1901 McGee Street
`Kansas City, MO 64108
`UNITED STATES
`
`Attorney informa-
`tion
`
`Wade Kerrigan, Esq.
`Husch Blackwell LLP
`4801 Main Street, Suite 1000
`Kansas City, MO 64112
`UNITED STATES
`pto-kc@huschblackwell.com Phone:816-983-8000
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`86494017
`07/31/2015
`
`Publication date
`Opposition Peri-
`od Ends
`
`06/02/2015
`08/01/2015
`
`YURRKU LLC
`300 Broad Street #406
`Stamford, CT 06901
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 005. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Dietary and nutritional supplements con-
`taining vitamins
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`The mark is merely descriptive
`
`Trademark Act section 2(d)
`Trademark Act section 2(e)(1)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application
`No.
`Registration Date
`
`86502562
`
`NONE
`
`Word Mark
`
`KAKADU C
`
`Application Date
`
`01/13/2015
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 003. First use: First Use: 2014/03/12 First Use In Commerce: 2014/03/12
`Skin care products, namely, non-medicated skin care preparations
`Class 005. First use: First Use: 2014/03/12 First Use In Commerce: 2014/03/12
`Skin care products, namely, medicated skin care preparations
`
`Attachments
`
`86502562#TMSN.png( bytes )
`Notice of Opposition.pdf(5862588 bytes )
`
`Certificate of Service
`
`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.
`
`Signature
`Name
`Date
`
`/Wade Kerrigan/
`Wade Kerrigan, Esq.
`07/31/2015
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Application Filed By:
`
`Yurrku, LLC
`
`Serial No. (cid:9)
`
`86/494,017
`
`Filed: (cid:9)
`
`January 2, 2015
`
`Published: (cid:9)
`
`June 2, 2015
`
`Mark: (cid:9)
`
`KAKADU PLUM
`
`Commission for Trademarks
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`ATTN: BOX TTAB - FEE
`
`NOTICE IN OPPOSITION
`
`DERMAdoctor, Inc. believes that it will be damaged by registration of the mark shown in
`
`Serial No. 86/494,017 and hereby opposes registration of that mark. Serial No. 86/494,017 is an
`
`application of Yurrku LLC filed January 2, 2015 and published for opposition in the Official
`
`Gazette on June 2, 2015.
`
`The grounds for opposition are as follows:
`
`1.
`
`DERMAdoctor, Inc. ("Opposer") is a Missouri corporation, having a place of
`
`business at 1901 McGee Street, Kansas City, Missouri 64108.
`
`2.
`
`Upon information and belief, Yurrku LLC ("Applicant") is a corporation of
`
`Delaware having a place of business at 300 Broad Street #406, Stamford, Connecticut, 06901.
`
`3.
`
`Opposer is the owner of, among other marks, the mark KAKADU C, U.S. App.
`
`No. 86/502,562, applied-for on January 13, 2015 for skin care products, namely non-medicated
`
`care preparations in International Class 003 and skin care products, namely, medicated skin care
`
`KCP-4599934-2
`
`(cid:9)
`(cid:9)
`

`
`preparations in International Class 005 (the "DERMAdoctor Mark"). A TEAS printout of the
`
`DERMAdoctor Mark is attached as Exhibit A.
`
`4.
`
`Since at least as early as March 12, 2014, Opposer has sold skin care products,
`
`products throughout the United States in connection with the DERMAdoctor Mark. Proof of
`
`Opposer's use of the mark is shown in advertisements attached as Exhibit B.
`
`5.
`
`By reason of Opposer's use of its DERMAdoctor Mark, the DERMAdoctor Mark
`
`has begun to achieve widespread and favorable public recognition and has become an asset of
`
`great value as a symbol of Opposer's services and goodwill.
`
`6.
`
`Opposer has invested a great deal of time and money in promoting its goods under
`
`the DERMAdoctor Mark and it continues to use and promote these goods under the
`
`DERMAdoctor Mark.
`
`7.
`
`By virtue of Opposer's continuous, exclusive and widespread use of the
`
`DERMAdoctor Mark, the DERMAdoctor Mark is entitled to a broad scope of protection.
`
`8.
`
`On January 2, 2015, Applicant filed an application, Application Ser. No.
`
`86/494,017 to register the mark KAKADU PLUM for use in connection with "Dietary and
`
`nutritional supplements containing vitamins" in International Class 003.
`
`9.
`
`On information and belief, Applicant has not used Applicant's mark KAKADU
`
`PLUM. On information and belief, Applicant has not made any use of Applicant's mark
`
`KAKADU PLUM within the United States in connection with the goods named in Applicant's
`
`application.
`
`10.
`
`Opposer acquired trademark rights in and to the DERMAdoctor Mark for
`
`Opposer's goods that predate actual and/or constructive use by Applicant of the mark KAKADU
`
`PLUM.
`
`KCP-4599934-2
`
`

`
`11.
`
`Applicant's mark KAKADU PLUM has the same or highly similar appearance,
`
`meaning, sound, connotation and commercial impression in comparison to Opposer's
`
`DERMAdoctor Mark. Applicant's KAKADU PLUM mark is highly similar to the
`
`DERMAdoctor Mark and as such is likely to be confused with the DERMAdoctor Mark.
`
`12.
`
`Applicant's goods offered under the mark KAKADU PLUM are highly similar
`
`and in some cases are identical to the goods of the Opposer provided under the DERMAdoctor
`
`Mark. Both Applicant's goods and Opposer's goods are in the field of skin care, nutrition and
`
`personal care products.
`
`13.
`
`Applicant's goods are directed to the same or related class of consumers as those
`
`of Opposer's goods provided under the DERMAdoctor Mark and Applicant's goods under the
`
`mark KAKADU PLUM are sold in the same or similar channels of trade.
`
`14.
`
`Applicant's mark KAKADU PLUM, when used for the goods recited in the
`
`opposed application, is likely to cause confusion, mistake, or deception within the meaning of
`
`Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d).
`
`15.
`
`Use of and the application for registration by Applicant of the mark KAKADU
`
`PLUM is without Opposer's consent.
`
`16.
`
`Registration of the mark KAKADU PLUM by Applicant will provide Applicant
`
`with prima facie exclusive rights therein, and would harm Opposer by interfering with Opposer's
`
`exclusive rights to the DERMAdoctor Mark.
`
`17.
`
`Opposer has the right to continue using the DERMAdoctor Mark in connection
`
`with its goods and related goods and services and to use the mark without interference by
`
`Applicant and without confusion, mistake, or deception.
`
`KCP-4599934-2
`
`

`
`18.
`
`Applicant's mark KAKADU PLUM is merely descriptive of the qualities,
`
`ingredients or characteristics of Applicant's goods recited in Applicant's application. A kakadu
`
`plum is an edible fruit produced by the Terminalia ferdinandiana tree native to Australia and is
`
`known to have a number of health benefits. The kakadu plum is known to contain certain
`
`vitamins. Proof of such knowledge is shown by the www.healthwithfood.org website article and
`
`others attached as Exhibit C.
`
`19.
`
`The kakadu plum is commonly used in dietary and nutritional supplements. Proof
`
`of such common use is shown in the advertisements attached as Exhibit D. Due to the kakadu
`
`plum's common use in dietary and nutritional supplements, consumers may well assume that any
`
`"dietary and nutritional supplements containing vitamins" sold under the mark KAKADU
`
`PLUM derive from the kakadu plum.
`
`20.
`
`Applicant's mark KAKADU PLUM, when used for the goods recited in the
`
`opposed application, is merely descriptive under Section 2(e)(1) of the Trademark Act, 15 U.S.C.
`
`§ 1052(e).
`
`21.
`
`Opposer hereby appoints Wade Kerrigan, Husch Blackwell Sanders LLP, 4801
`
`Main Street, Suite 1000, Kansas City, Missouri, 64112 as its attorney to act on its behalf and to
`
`receive all correspondence related to this opposition.
`
`By
`
`Audrey Kunin M. ., President
`DERMAdocto \Inc.
`
`KCP-4599934-2
`
`

`
`WHEREFORE, Opposer believes that it will be damaged by the registration of
`
`KAKADU PLUM to Applicant and prays the registration be denied.
`
`Respectfully Submitted,
`
`1 ,ta, '2-----
`Wade Kerrigan
`Husch Blackwell Sanders LLP
`4801 Main Street, Suite 1000
`Kansas City, Missouri 64112
`(816) 983-8000
`Attorney for Opposer
`
`KCP-4599934-2
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing NOTICE OF OPPOSITION
`was served on the following via U.S. First Class mail, postage prepaid, in this 3 M. day of July
`
`2015:
`
`Yurrku LLC
`300 Broad Street #406
`Stamford, Connecticut 06901
`
`71/J4(4ft/
`Attorney for Opposer
`
`KCP-4599934-2
`
`

`
`EXHIBIT A
`EXHIBIT A
`
`

`
`United Rat
`
`- rk Office
`
`Home) SKe Index' Se.a mil FAQ I edossary I Guide8 Coni:acts I eBus
`
`ss I (cid:9)
`
`News'
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Mon Jul 20 03:20:56 EDT 2015
`
`1S tiamg paw UsE.R
`
`STRUCTURE!) FREE FGRM
`Logout I Please logout when you are done to release system resources allocated for you.
`
`ves f)!cr SEARCH OG
`
`on
`
`HELP
`
`Record out of
`
`ASSIGN Status ; TTAB Status
`TSDR
`return to TESS)
`
`( Use the "Back" button of the Internet Browser to
`
`KAKADU C
`
`Word Mark
`
`Goods and
`Services
`
`KAKADU C
`IC 003. US 001 004 006 050 051 052.
`G & S: Skin care products, namely, non-medicated skin care
`preparations. FIRST USE: 20140312.
`FIRST USE IN COMMERCE: 20140312
`
`IC 005. US 006 018 044 046 051 052.
`G & S: Skin care products, namely, medicated skin care
`preparations. FIRST USE: 20140312.
`FIRST USE IN COMMERCE: 20140312
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`Code
`
`Serial Number
`
`Filing Date
`
`Current Basis
`
`(4) STANDARD CHARACTER MARK
`
`86502562
`January 13, 2015
`1A
`
`Original Filing
`Basis
`
`1A
`
`Owner
`
`Attorney of
`Record
`
`Type of Mark
`
`Register
`
`Live/Dead
`Indicator
`
`(APPLICANT) DERMAdoctor, Inc. CORPORATION MISSOURI 1901 McGee Street Kansas City
`MISSOURI 64108
`
`Wade Kerrigan
`
`TRADEMARK
`PRINCIPAL
`
`LIVE
`
`(cid:9)
`

`
`EXHIBIT B
`' EXHIBIT B
`
`

`
`Publication
`
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`
`News4Jax. corn (WXJT-TV Segment)
`
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`
`StyleNews.PeopleStyleWatch.com
`
`KCTV5.com
`
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`Joyus/People Style Watch: Video aired on
`www iovus com
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`Joyus/Syndicated Partner AOL: Homepage feature
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`Allure.com
`Allure.com
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`
`MimiChatter. corn
`
`Sephora Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`
`Weather. corn
`
`AZFamily.com
`
`NewBeauty.com
`Mimichattercorn
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`DERMAdoctor Email Blast
`Allure.com
`ElvisDuran.com
`Jovus/People Style Watch: Video aired on
`www iovus com
`
`RetailMeNotcom
`
`Yahoo! News
`
`Yahoo! Screen
`
`Allure YouTube
`
`SheScribes.com
`
`MimiChattercom
`
`Weather. corn
`
`DERMAdoctor Kakadu CTM Publicity
`
`Product Placement
`Date (cid:9)
`Online Magazines, Websites, Videos and Email Blasts
`January 4, 2015
`Kakadu CT" Serum
`January 4, 2015
`Kakadu CTM Detox Mask
`January 8, 2015
`Kakadu CTM Serum
`January 8, 2015
`Kakadu CTM Detox Mask
`January 29, 2015
`Kakadu CTM Serum
`January 29, 2015
`Kakadu CTM Detox Mask
`Dr. Kunin and Kakadu CTM Amethyst Clay Detox Mask and Serum in "Superfoods For
`Your Skin"
`Kakadu CTM Serum
`Kakadu CTM Detox Mask
`Kakadu CTM Amethyst Clay Detox Mask in "This Super-Fruit Face Mask Is the Next Big
`Thing in Skincare" as part of Joyous partnership
`Kakadu CTM Amethyst Clay Detox Mask in "Beauty and Style Tips for Landing a New
`Love"
`Kakadu CTM Serum
`Kakadu CTM Detox Mask
`
`January 31, 2015
`
`February 1, 2015
`February 1, 2015
`
`February 10, 2015
`
`February 12, 2015
`
`February 12, 2015
`February 12, 2015
`
`February 12, 2015
`
`Kakadu CTM Detox Mask
`
`February 15, 2015
`February 15, 2015
`February 16, 2015
`February 19, 2015
`February 19, 2015
`February 22, 2015
`February 22, 2015
`February 26, 2015
`February 26, 2015
`March 1, 2015
`March 1, 2015
`March 5, 2015
`March 5, 2015
`March 8, 2015
`March 8, 2015
`March 12, 2015
`March 12, 2015
`March 15, 2015
`March 15, 2015
`
`March 17, 2015
`
`March 19, 2015
`March 19, 2015
`March 19, 2015
`
`March 25, 2015
`
`March 27, 2015
`
`March 30, 2015
`April 1, 2015
`April 2, 2015
`April 2, 2015
`April 5, 2015
`April 5, 2015
`April 8, 2015
`April 13, 2015
`
`Kakadu CTM Serum
`Kakadu CTM Detox Mask
`Kakadu CTM Detox Mask
`Kakadu CTM Serum
`Kakadu CTM Detox Mask
`Kakadu CTM Serum
`Kakadu CTM Detox Mask
`Kakadu CTM Serum
`Kakadu CTM Detox Mask
`Kakadu CTM Serum
`Kakadu CTM Detox Mask
`Kakadu CTM Serum
`Kakadu CTM Detox Mask
`Kakadu CTM Serum
`Kakadu C M Detox Mask
`Kakadu CTM Mask in "Is Kakadu Plum the Newest Must-Have Beauty Ingredient?"
`Kakadu CTM Serum in "Is Kakadu Plum the Newest Must-Have Beauty Ingredient?"
`Kakadu CTM Serum
`Kakadu CTM Detox Mask
`Kakadu CTM Serum in "Create Your Own Korean Skin Care Routine, Without Using Any
`Airline Miles"
`Kakadu CTM Detox Mask
`Kakadu CTM Serum
`Kakadu CTM Detox Mask
`
`Kakadu CTM Serum in "Springtime Superfoods... in Our Vanity Cabinets" with
`registered dietician, Sharon Richter
`Dr. Kunin and Kakadu CTM Serum and Mask in "Favorite Over the Counter Skin Care
`Products"
`Kakadu CTM Mask in "The 10 Products You Need to Shrink Your Pores"
`Kakadu CTM Serum in "I Swear By: DERMADoctor Kakadu CTM Serum"
`Kakadu CTM Eye Soufflé
`Kakadu CTM Face Crème
`Kakadu CTM Eye Soufflé
`Kakadu CTM Face Crème
`Kakadu CTM Serum in "What is Ferulic Acid, Anyway?"
`Kakadu CTM Mask in "What's Trending?"
`
`April 13, 2015
`
`Kakadu CTM Serum
`
`April 16, 2015
`
`April 17, 2015
`
`April 17, 2015
`
`April 17, 2015
`
`April 21, 2015
`
`April 22, 2015
`
`April 28, 2015
`
`Kakadu CTM Mask in "The Bright Stuff: 12 Cosmetics that Prove Vitamin C is Pure
`Sunny Delight"
`Kakadu CTM Mask and Serum in "Kakadu Plum: Hottest New Beauty Ingredient" with
`Allure editors Cat O'Neill and Sophia Panych
`Kakadu CTM Mask and Serum in "Kakadu Plum: Hottest New Beauty Ingredient" with
`Allure editors Cat O'Neill and Sophia Panych
`Kakadu CTM Mask and Serum in "Kakadu Plum: Hottest New Beauty Ingredient" with
`Allure editors Cat O'Neill and Sophia Panych
`Kakadu CTM Eye Souffle and Face Crème "Win an Awesome Assortment of Beauty
`Products from UTLA Beauty (giveaway ends 5/2/15)"
`Kakadu CTM Eye Soufflé in "10 New Eye Creams That Will Make You Look
`rested...Even When You're Not"
`Dr. Kunin and Kakadu CTM Amethyst Clay Detox Mask in "Spring Renewal"
`
`Impressions,
`viewers,
`subscribers
`
`67,509
`67,509
`67,436
`67,436
`68,310
`68,310
`
`285,134
`
`68,256
`68,256
`
`1,990,605
`
`613,811
`
`68,065
`68,065
`
`confidential
`
`67,903
`67,903
`confidential
`67,948
`67,948
`67,854
`67,854
`67,825
`67,825
`67,763
`67,763
`67,715
`67,715
`67,615
`67,615
`5,473,848
`5,473,848
`67,567
`67,567
`
`19,136
`
`confidential
`67,474
`67,474
`
`36,138,900
`
`523,090
`
`1,480,490
`19,136
`67,331
`67,331
`67,248
`67,248
`4,831,708
`135,947
`
`confidential
`
`13,312,567
`
`1,756,263
`
`14,752,782
`
`65,984
`
`109,184
`
`49,821
`
`36,138,900
`
`

`
`Publication
`
`Popsugarcom
`Allure. corn
`Allure. corn
`BeautyBlogofaKind. corn
`Bettertv Better Show
`Allure. corn
`BeautyAndTheFeastBlog.com
`Allure. corn
`Sephora Email Blast
`Today. corn
`
`DERMAdoctor Kakadu CTM Publicity (continued)
`
`Product Placement
`Date (cid:9)
`Online Magazines, Websites, Videos and Email Blasts
`May 18, 2015
`Kakadu CT^^ Detox Mask
`June 8, 2015
`Kakadu CTm Serum in "5 Beauty Picks We're Obsessing Over"
`Kakadu CTM Serum
`June 9, 2015
`June 10, 2015
`Kakadu CT"' Detox Mask
`June 12, 2015
`Kakadu CT^^ Detox Mask in "Super Foods For Beauty"
`June 15, 2015
`Kakadu CT^^ Serum in "Want Brighter Skin? Why Vitamin C is the Answer"
`June 15, 2015
`Kakadu CT"' Serum in "Skin Brighteners: Vitamin C Face Oils"
`June 19, 2015
`Kakadu CTM Serum in "Why You Should Wear This Daytime Skin Product at Night"
`Kakadu CTM Serum
`July 26, 2015
`TBD
`Kakadu CT"' Detox Mask
`
`Publication
`
`Date
`
`Product Placement
`
`Broome Advertiser (Australian Newspaper)
`
`Ulta WK49 Magazine
`Ulta WK49 Magazine
`Ulta WK52 Magazine
`Ulta WK52 Magazine
`Ulta WK4 Magazine
`Ulta WK4 Magazine
`Ulta WK7 Magazine
`Ulta WK7 Magazine
`Dr. Oz The Good Life
`Ulta WK15 Magazine
`Shape Magazine
`Ulta WK19 Magazine
`Good Housekeeping Magazine
`InStyle Magazine
`Cosmopolitan Magazine
`Cosmo for Latinas
`
`February 5 2014
`
`January 4, 2015
`January 4, 2015
`January 25, 2015
`January 25, 2015
`February 22, 2015
`February 22, 2015
`March 15, 2015
`March 15, 2015
`April 2015 Issue
`
`Print
`"Super Fruit Key in Skincare Range" article about Dr. Kunin's visit toAustralia for the
`Kakadu Plum harvest and to learn about Kakadu Plum
`Kakadu CTM Serum
`Kakadu CTM Detox Mask
`Kakadu CTm Serum
`Kakadu CT^^ Detox Mask
`Kakadu CT° Serum
`Kakadu CT"' Detox Mask
`Kakadu CTM Eye Soufflé
`Kakadu CT" Face Crème
`Kakadu CT"" Mask in "Rx: Beauty Updates, Fixes & Finds"
`Kakadu CT"" Serum
`May 10, 2015
`Kakadu CTM Detox Mask
`June 2015 Issue
`July 2015 Issue
`Kakadu CTM^ Face Crème
`July/Aug 2015 Issue Kakadu CT"" Serum (Good Housekeeping Seal of Approval — Lab Pick)
`Kakadu CTM Serum
`August 2015 Issue
`Kakadu CTM Detox Mask
`August 2015 Issue
`August 2015 Issue
`Kakadu CT"" Serum Cost770 for Latinas Beauty Awards 2015 Winner in Serum category
`
`Broadcast
`
`Date
`
`Product Placement
`
`Impressions,
`viewers,
`subscribers
`
`8,706,344
`4,831,708
`4,831,708
`6,778
`750,000
`4,831,708
`33,346
`4,831,708
`confidential
`TBA
`
`Impressions,
`viewers,
`subscribers
`
`not provided
`
`12 million
`12 million
`12 million
`12 million
`12 million
`12 million
`12 million
`12 million
`3,200,000
`12 million
`1,638,925
`12 million
`4,336,758
`7,025,052
`3,019,778
`2,180,000
`
`Impressions,
`viewers,
`subscribers
`
`unknown, still
`available online
`
`The Dr. Oz Show
`
`March 21 2011
`
`The Morning Show WJXT-TV Jacksonville, FL
`
`January 31, 2015
`
`Better Kansas City KCTV 5
`
`February 12, 2015
`
`Wake Up With Al
`
`Good Morning Arizona KTVK-TV
`
`Elvis Duran & The Morning Show
`
`Wake Up With Al
`
`March 25, 2015
`
`March 27, 2015
`
`April 13, 2015
`
`April 28, 2015
`
`Broadcast
`Dr. Kunin talks about the Australian fruit Kakadu Plum, Vitamin C and Anthocyanins
`
`Dr. Kunin and Kakadu Cm^ Amethyst Clay Detox Mask and Serum in "Superfoods For
`Your Skin"
`Kakadu CTM Amethyst Clay Detox Mask in "Beauty and Style Tips for Landing a New
`Love"
`Kakadu CTM Serum in "Springtime Superfoods... in Our Vanity Cabinets" with
`registered dietician, Sharon Richter
`Dr. Kunin and Kakadu CTm Serum and Mask in "Favorite Over the Counter Skin Care
`Products"
`Kakadu CTM Mask in "What's Trending?"
`Dr. Kunin and Kakadu CT' Amethyst Clay Detox Mask in "Spring Renewal"
`
`41,186
`
`18,191
`
`620,000
`
`31,264
`
`12,442,600
`
`620,000
`
`

`
`mem
`
`ie
`
`Broom, khan-riser
`Thursday, Fehresty13, 2014
`
`Super fruit key in skincare range
`
`f: Kim Courtenay
`
`A national media celebrity from
`the United States, who is the chief
`executive of an international
`:vosmotie company recently
`travelled to Broome to film a
`documentary on the local hush
`fruit gubinge, which will be -a key
`ingredient in a new range of
`skineare products her company is
`developing.
`Dr Audrey Kunio, a
`dermatologist and founderof the
`prestige skincaro brand
`Dermadoctor believes medicine
`and nature can be combined to
`great effect in developing
`skincare products, She also said
`day's consumers were
`increasingly, Mterested in the
`story behind these natural
`ingredients.
`"Gubinge is an absolute super
`fruit and there is a fantastic story
`to be told about ITS incredible
`levels of Vitamin C and
`antioxidants and the way local
`people are engaged in
`Ah°rigin` d
`developing a siistainable, organic
`industry that's also helping to
`preserve their traditional
`culture," she said
`"When it becomes more readily
`available, there will be a huge
`international demand for it."
`A frequent guest on the popuku-
`Oz television show, Dr Kunin's
`advice and products are regularly
`-Featured in DS journals and
`newspapers, as well as
`high-profile lifestyle, health and
`women's magazines.
`Based in Kansas City Missouri,
`Dr Kunin said she 61st learned of
`gubinge while searching the
`internet for natural sources of
`
`Pat Torres and Vat Sibosado explain
`
`the finer points of local bush foods to Dr
`
`Audrey Kunin. Picture: Peter Strain
`
`Vitamin C and antioxidants that
`are highly sought after as
`anti -ageing agents in skincare
`products.
`The prized bush fruit, also
`known as Kakadu Plum, is
`uniquely Australian and occurs
`naturally from the Kimberley in
`WA to Kakadu in the NT
`The market is supplied entirely
`front wild harvesting, but
`cultivation is set to play an
`increasingly important role as the
`industry develops.
`When Dr Kunio featured the
`small green bush fruit during one
`of her appearances on Dr Oz, she
`said the response from the
`American public was enormous.
`As a result she decided to develop
`
`a range of skineare products
`using extracts from the fruit.
`The short documentary, filmed
`and awund Broome, will be
`part of the' romotion used to
`launch the new range, which is
`due for release next January
`Dr Kunin and her brain/
`manager, Emily Minter, made the
`journey to llnoome on short
`notice after hearing the main
`harvest of gubinge took place in
`January
`"We were virtually on the next
`plane to Australia," she said.
`During their live days in.
`Broome they visited the Bahl
`Burn Training and Research
`Centm at 12 Mile where, over the
`past eight years programs
`
`delivered through Kimberley
`Training Institute (KTI) have
`developed cultivation models for
`gubinge and other high-value
`native plants as well as new
`concepts in carbon farming .
`Late last year KT1 signed an
`amement with traditional
`own ers Nvamba Brun Yawuru to
`further develop the site as a
`centre of excellence in native
`plant cultivation and carbon
`fanning, maximising
`opportunities for, and
`involvement with, Aboriginal
`communities.
`. Dr Kunin said the cultivation
`model being employed at Balu
`Burrs, termed savannah
`enrichment, where the gubinge
`
`trees are grown within the
`existing native vegetation, was a
`wonderful concept
`"Growing the fruit in
`plantations that preserve and
`enrich the natural environment
`ensures a pure organic product
`and is another great ml' keting
`angle," she said.
`Dr Kunin and Ms Minter also
`travelled to Bidyadanga
`community 120kni south of
`Broome, where gubinge trees
`planted in community training
`programs since 21103 are now
`producing bumper crops.
`At Bidyadanga. Dr Kunio
`interviewed traditional elder
`Merridoo (cid:9)
`who in -196.1t, as
`a yeimg boy, was pa.rt of one of the
`last family groups to walk into
`civilisation from the traditional
`life in the Great Sandy Desert. Mr
`Walbidi has been a driving force
`in the establishment of the hush
`food plantations at Bidymianga.
`When speaking to Dr Kunin, he
`stated the health benefits of
`traditional bush foods,
`"When we lived in the desert it
`teas all we had to eat and there
`was no diabetes, no heart
`disease," he said "ft was a hard
`life but bush foods kept people
`strong and healthy"
`Bidyadanga community
`chairman James Yanawana was
`hopeful Dr Kunin's visit would
`encourage an expansion or tho
`plantations of gubinge and other
`traditional bush foods at the
`community and reintroduction of
`horticultural training.
`
`Kim Courtenay Is a horticulture
`lecturer at Kimberley Training
`Institute,
`
`Didyadanga community chairman lames Yanawana. Dermadoctor representatives
`Emily Minter and Dr Audrey Kunln, and traditional elder Merridoo Walbidi with a
`cultivated gubinge tree laden with fruit at Bidyadanga community.
`Niece: Km Courtenay
`
`

`
`Ba at THE UNIVERSITY OF
`WESTERN
`144 AUSTRALIA
`
`*) News I
`
`News channels
`
`Alumni
`
`Appointments
`
`Ms and Culture
`
`Awards and Prizes
`
`The Campaign
`
`r UWA (cid:9)
`
`Quids Links
`
`News
`
`UWA Website (cid:9)
`
`Go H.
`
`UWA Home > News r Groups > Science Matters > Bush fruit gains American celebrity endorsement
`
`Universrty News
`Bush fruit gains American celebrity
`endorsement
`
`Related aieas
`
`RESEARCH
`
`•11..C.101111°11
`
`Follow @uwanews
`
`Stories
`
`Vitamin C-rich native fruit ripe for
`cash crop study
`Chinese wonder fruit genome to
`aid world fruit breeding
`Country practice lures city doctors
`to the bush
`A touch of the tat bush
`Congratulationspr Kim Isaacs
`
`Business and Industry
`
`Wednesday, 5 February 2014
`
`Events
`
`International
`
`Research
`
`Science
`
`Teaching and Learning
`
`Media statements
`
`Find an expert
`
`Contact us
`
`A US television celebrity and dermatologist who is
`CEO of an international cosmetic company recently
`travelled to Broome to film a documentary on the
`native fruit gubinge, also known as Kakadu plum,
`which will be a key ingredient in a new range of skin
`care products her company is developing.
`
`Dr Audrey Kunin, who founded the online range of
`'Dermadoctor' lotions, said medicine and nature
`could be combined to great effect in developing skin
`care products and that today's consumers were
`increasingly interested in the story behind the natural
`ingredients.
`
`A wild Australian native fruit with 10 times more vitamin C than oranges and rich in healthy
`anti-oxidants, gubinge is the subject of a UWA-led project investigating the domestication
`of Kakadu plums in enrichment plantings to help Australia's fledgling bush tucker industry
`expand as a major Aboriginal enterprise.
`
`UWA's Dr Liz Barbour is leading the project, which also involves the Kimberley Training
`Institute, the Department of Parks and Wildlife, the Northern Territory Government and
`Charles Darwin University. An Indigenous Steering Committee oversees their work.
`
`Dr Kunin said gubinge was a "super fruit" with a fantastic story to be told about its
`incredible levels of Vitamin C and antioxidants and the way local Aboriginal people were
`engaged in developing a sustainable, organic industry which will help preserve their
`traditional culture.
`
`Dr Kunin is a frequent guest on the popular "Dr Of' television show and her adVice and
`products are regularly featured in US journals and newspapers and magazines_ She said
`she first learned of gubinge while searching the Internet for natural sources of Vitamin C
`and antioxidants which are highly sought after as anti-aging agents in skin care products.
`
`The prized bush fruit is uniquely Australian and occurs naturally from the southwest
`Kimberley in WA to Kakaclu in the Northern Territory_ When Dr Kunin featured it during
`one of her appearances on Or 02 she said the response from the American public was
`enormous. As a result she decided to develop a range of skin care products using
`extracts from the mill.
`
`The short documentary was filmed in and around Broome and will be part of the promotion
`used to launch the new range, due for release next January.
`
`During Dr Kunin's stay in Broome she visited the Balu Bum Training and Research Centre
`at 12 Mile where over the last eight years the Kimberley Training Institute (KM has
`developed sustainable cultivation models for gubinge and other high-value native plants as
`well as new concepts in carbon farming.
`
`Late last year KTI signed an agreement with local traditional owners Nyamba Bum Yawuru
`to further develop the site as a centre of excellence in native plant cultivation and carton
`farming, maximising opportunities for and involvement with Aboriginal communities_
`
`Dr Kunin also travelled to Billyadanga community 130lort south of Broome where gubinge
`trees planted during comniunity training programs from 2003 onwards are now producing
`bumper crops.
`
`Al Bidyadanga, Dr Kunin met Traditional Elder Merridoo Wain* who as a young boy in
`1963 was a member of one of the last family groups living the traditional life in the Great:
`Sandy Desert Mr Walbidi has been a driving force in the establishment of the bush food
`plantations at Biclyadanga.
`
`(cid:9)
`

`
`When Dr Kunin asked him why he felt growing traditional bush foods was important he
`said: When we lived in the desert it was all we had to eat and there was no diabetes, no
`heart disease. II was a hard fife but bush foods kept people strong and healthy "
`
`Bidyadanga Community Chairman James Yanawana said he was hopeful Dr Kunirt's visit
`would encourage an expansion of gubinge enrichment plantings and other traditional bush
`foods as well as reintroduce the horticultural training.
`
`Dr Kunin also interviewed iocal Aboriginal women Pat Torres and Val Sibosado who are
`independently developing value-added products and business opportunities related to
`gubinge and other bush foods.
`
`Media references
`
`Dr Liz Barbour (Research Development Adviser) (+61 8) 6488 8525
`David Stacey (UWA Public Affairs) (+61 8) 6488 3229 r (+61 4)32 637 716
`
`The University of
`Western Australia
`
`; University Homepage
`
`; Future Students
`
`> Current Students
`; Staff
`
`> Business and industry
`> Alumni and Filends
`
`> Media
`
`University ttews
`> Staff togiti
`
`University information (cid:9)
`
`> This Page
`
`htri.drony neminvaedilau/201402056435fresearen s
`-fruit-gains-strierican-celebrily
`-endorsement
`
`CRICOS Cade: 001260 (cid:9)
`
`> .Accessibilfty (cid:9)
`
`> Campus map
`Contact the University
`
`> Indigenous Conunitment
`
`> Terms of use
`
`•
`•
`•
`
`

`
`p'151-
`
`GOOD
`KEEPING
`
`FAST, FRESH
`RECIPES
`
`BEAlin
`ACKY
`A K E OVERS
`HEALTHY
`SMOOTHIES ,
`SALADS
`8e more...
`
`aA sLussi
`
`BAGS, SHOES & BL1NG FROM 4
`
`unammisimiens,c,
`
`N-
`
`(A355
`
`

`
`YOUR LOOK
`fashion beauty
`
`HOUSEKESPITIO
`
`As seen on the
`Creatures of the
`Wind runway.
`
`trending
`
`SILVER TIPS
`
`Try this modern (easier?) take on the French rnani. Paint nails
`nude, let dry, then hold the brush from a silver polish' (we
`tested these sparklers) horizontally and glide each tip under it,
`says Deborah Lippmann, founder of the eponymous nail line.
`1. OPI Nail Lacquer In Lucerne-tainty Look Marvelous, $10, ulta,com
`2. Sally Hansen Insta-Ombre Nail Color in Grey-diant, $6.
`3. Revlon Transforming Effects Nail Enamel in Holographic Pearls, $5.
`
`secret ingredient
`
`<AKADU
`
`Ka-ka-what? Say it like
`"kah-kuh-DOO." This tiny
`Australian plum's extract
`is being touted as the
`latest, greatest source
`of skin-brightening,
`protective vitamin C.
`"Kakadu plum extract
`is a good natural source
`of C and contains gallic
`and ellagic acids and
`vitamin E, making
`it antioxidant-rich,"
`says GH Senior Product
`Analyst Mary Clarke.
`"If stabilized in a
`skincare formula,
`it may help improve
`skin tone and boost
`collagen production,"
`Lab pick (above): DermaDoctor
`Kakadu C 20% Vitamin C Serum,
`$95, sephora.com
`
`An itty-bitty
`crossbody holds
`the essentials—
`phone, cash,
`lip gloss, done?
`
`•
`
`s
`
`I
`
`Marc by Marc Jacobs for
`100% Bloomingdale's bag. $298, (cid:9)
`exclusively at bloomingdales.com
`
`$110, banana
`republic.com
`
`41)
`• 411 • •
`• • •
`F (cid:9)
`
`$99, punchcase.com
`
`
`
`$85, cambridge
`satchel.com
`
`$22, shoppriceless.corn
`
`THAT'S
`GENIUS!
`
`Bug spray doesn't have to bugyou. Aromaflage perfumes double as insect repellents
`to pretty-smelling essential oils like set orange and ceriarwood. And they even fit
`
`thanks
`in a mini bag!
`
`12 GH July 2015
`
`$30 each , aromaflage,com
`
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`

`
`BE
`BEAUTIFUL.
`BE IN
`SHAPE
`
`LOSE
`
`Fresh
`3eai
`
`S
`TOTAL BODY
`TONEUp!
`AN LEGS
`1\1 BUTT
`F. ARMS
`
`essica
`ALBA
`Strong, Sexy
`Successful
`p171
`
`MIND-
`
`LOWING EX
`
`One Move
`Does It
`
`SAVE
`MONEY,
`DROP
`POUNDS!
`12 SUPER
`IDEAS FOR
`SUPERFOODS
`
`June 2015
`$499
`
`06
`
`14 47 50 78
`
`OiSPL AY 6Afr (cid:9)
`
`9 h I
`
`
`vE
`
`

`
`The 5:2
`skin die
`
`YOU'VE HEARD of the food version,
`a plan that has you eat normally
`five days a week, then restrict calo
`ries for t he remaining Iwo. Now
`that concept is being applied to
`wur beauty routine. 'Vs a good
`idea to go makeup free two days
`a week to let our skin detox from
`pollutants

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket