Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA719304
`ESTTA Tracking number:
`01/08/2016
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91224791
`Defendant
`Glanbia Nutritionals (Ireland) Limited
`ANGELO J. BUFALINO
`VEDDER PRICE P.C.
`222 N. LASALLE STREET SUITE 2400
`CHICAGO, IL 60601
`UNITED STATES
`abufalino@vedderprice.com
`Answer and Counterclaim
`Robert S. Rigg
`rrigg@vedderprice.com, abufalino@vedderprice.com, jmun-
`ro@vedderprice.com, ipdocket@vedderprice.com
`/robert s rigg/
`01/08/2016
`CHICAGO-#2787272-v2-Answer_to_Notice_of_Opposition.pdf(44255 bytes )
`CHICAGO-#2794383-v1-Exhibit_A_-_SOURCE-related_Marks.pdf(124931
`bytes )
`CHICAGO-#2794386-v1-Exhibit_B_-_marks.pdf(107730 bytes )
`Registrations Subject to the filing
`
`Submission
`Filer's Name
`Filer's e-mail
`
`Signature
`Date
`Attachments
`
`Registration No
`Registrant
`
`3930397
`Threshold Enterprises, Ltd.
`23 Janis Way
`Scotts Valley, CA 95066
`UNITED STATES
`Goods/Services Subject to the filing
`
`Registration date
`
`03/15/2011
`
`Class 003. First Use: 2002/03/06 First Use In Commerce: 2002/03/06
`All goods and services in the class are requested, namely: cosmetics, namely, ointments, gels,
`creams, lotions, moisturizers, oils, serums, salves and bath oils, all of which areused for the skin
`
`Registration No
`Registrant
`
`4837774
`Threshold Enterprises, Ltd.
`23 Janis Way
`Scotts Valley, CA 95066
`UNITED STATES
`Goods/Services Subject to the filing
`
`Registration date
`
`10/20/2015
`
`Class 005. First Use: 2015/08/21 First Use In Commerce: 2015/08/28
`All goods and services in the class are requested, namely: Dietary supplements; herbal supplements;
`nutritional supplements; food supplements; vitamins
`Class 035. First Use: 2015/08/21 First Use In Commerce: 2015/08/28
`All goods and services in the class are requested, namely: Wholesale distributorship and mail order
`catalog services in the field of dietary, herbal, nutritional, and food supplements and vitamins
`
`

`
`

`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Marks: TRU SOURCE, TRUSOURCE, and
`Published in the Official Gazette on August 11, 2015
`
`THRESHOLD ENTERPRISES LTD.,
`
`Opposer,
`
`v.
`
`
`
`
`
`Opposition No. 91/224,750 (parent)
`Opposition No. 91/224,7911
`
`GLANBIA NUTRITIONALS (IRELAND)
`LIMITED,
`
`Serial Nos. 86/565,379, 86/565,384,
`86/639,547 and 86/639,563
`
`
`
`Applicant.
`
`ANSWER TO NOTICE OF OPPOSITION
`
`INTRODUCTION
`
`U.S. Trademark Application Serial No. 86/639,563 for the mark
`
` (“Applicant’s
`
`Mark”), in the name of Glanbia Nutritionals (Ireland) Limited, an Ireland limited liability
`
`partnership (“Applicant”), were published for opposition in the Official Gazette on August 11,
`
`2015. Threshold Enterprises Ltd. (“Threshold Enterprises”), a corporation of Delaware with its
`
`principal place of business at 23 Janis Way, Scotts Valley, California 95066, believes it will be
`
`damaged by the registration of Applicant’s Mark in International Classes 05 and 32, and hereby
`
`opposes the same, in accordance with Section 13 of the Trademark (Lanham) Act of 1946, 15
`
`U.S.C. § 1063.
`
`
`1 Per the Board’s Order mailed December 9, 2015, Opposition No. 91224750 and 91224791 are
`consolidated and Opposition No. 91224750 was designated the “parent case.” The Board’s
`Order further stated that separate answers should be filed in each opposition prior to
`commencing the practice of filing a single copy in the parent case. Both consolidated
`oppositions are listed in the caption but separate answers will be filed in each opposition per the
`Board’s Order.
`
`CHICAGO/#2787272.2
`
`

`
`
`
`Threshold Enterprises has obtained the necessary extensions of time in which to file this
`
`Notice of Opposition.
`
`As grounds for the opposition, Threshold Enterprises alleges as follows:
`
`ANSWER TO THE ALLEGATIONS IN THE INTRODUCTION:
`
`Applicant admits that Appl. Ser. No. 86/639,563 was filed in the name of Glanbia
`
`Nutritionals (Ireland) Limited (“GNIL”). Applicant denies that GNIL is an Ireland limited
`
`liability partnership. Applicant states that GNIL is a limited company organized under the laws
`
`of Ireland. Applicant is without sufficient knowledge or information sufficient to form a belief
`
`as to the truth of the allegations regarding Threshold Enterprises and therefore denies the same.
`
`Applicant denies the remaining allegations in the Introduction.
`
`ALLEGATION NO. 1:
`
`On information and belief, Applicant is an Ireland limited liability partnership with a
`principal place of business at Glanbia House, Kilkenny, Ireland.
`
`ANSWER:
`
`Applicant denies that GNIL is a Ireland limited liability partnership. Applicant states that
`
`GNIL is a limited company organized under the laws of Ireland. Applicant admits that GNIL’s
`
`business address is Glanbia House, Kilkenny, Ireland.
`
`ALLEGATION NO. 2:
`
`Applicant filed an application for
`registration for Applicant’s Goods.
`
` on or about May 22, 2015, seeking
`
`ANSWER:
`
`Applicant admits that it filed an application for
`
` on or about May 22, 2015
`
`seeking registration for its mark in connection with dietary and nutritional supplements in class 5
`
`CHICAGO/#2787272.2
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`
`
`and sports training drinks containing dietary and nutritional supplements, namely, ready to drink
`
`beverages; energy drinks; sports drinks in class 32.
`
`ALLEGATION NO. 3:
`
`Threshold Enterprises is the owner of incontestable U.S. Trademark Registration
`No. 1,909,705 for SOURCE NATURALS for “vitamins, herbs and nutritional supplements.”
`SOURCE NATURALS was originally registered by Source Natural, Inc., a wholly owned
`subsidiary of Threshold Enterprises, and was later assigned to Threshold Enterprises. This
`registration is valid, subsisting, uncancelled and conclusive evidence of Threshold Enterprises’
`exclusive right to use SOURCE NATURALS in commerce or in connection with the goods
`specified in the registration.
`
`ANSWER:
`
`Applicant admits that the records of the U.S. Patent and Trademark Office indicate that
`
`Threshold Enterprises is the listed owner of Reg. No. 1,909,705 by way of assignment from
`
`Source Natural, Inc. As to the remaining allegations in Allegation No. 3, Applicant is without
`
`sufficient knowledge or information sufficient to form a belief as to the truth of Allegation No. 3
`
`and therefore denies the same.
`
`ALLEGATION NO. 4:
`
`Since at least thirty years prior to Applicant’s filing date for Applicant’s Marks,
`Threshold Enterprises adopted and has continuously used its SOURCE NATURALS mark and
`its trade name SOURCE NATURALS, INC. in connection with vitamins, herbs and nutritional
`supplements. SOURCE NATURALS is a prominent national brand, with products available
`nationwide in all major markets.
`
`ANSWER:
`
`Applicant is without sufficient knowledge or information sufficient to form a belief as to
`
`the truth of Allegation No. 4 and therefore denies the same.
`
`ALLEGATION NO. 5:
`
`Threshold Enterprises is the owner of U.S. Trademark Registration No. 3,930,397 for
`SOURCE NATURALS for “cosmetics, namely, ointments, gels, creams, lotions, moisturizers,
`oils, serums, salves and bath oils, all of which are used for the skin.” This registration is valid,
`subsisting, uncancelled and conclusive evidence of Threshold Enterprises’ exclusive right to use
`
`CHICAGO/#2787272.2
`
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`
`

`
`
`
`SOURCE NATURALS in commerce or in connection with the goods specified in the
`registration.
`
`ANSWER:
`
`Applicant admits that the records of the U.S. Patent and Trademark Office indicate that
`
`Threshold Enterprises is the listed owner of Reg. No. 3,930,397. As to the remaining allegations
`
`in Allegation No. 5, Applicant is without sufficient knowledge or information sufficient to form
`
`a belief as to the truth of Allegation No. 5 and therefore denies the same.
`
`ALLEGATION NO. 6:
`
`Since at least ten years prior to Applicant’s filing date for Applicant’s Marks, Threshold
`Enterprises adopted and has continuously used its SOURCE NATURALS mark in connection
`with cosmetics, namely, ointments, gels, creams, lotions, moisturizers, oils, serums, salves and
`bath oils, all of which are used for the skin. SOURCE NATURALS is a prominent national
`brand, with products available nationwide in all major markets.
`
`ANSWER:
`
`Applicant is without sufficient knowledge or information sufficient to form a belief as to
`
`the truth of Allegation No. 6 and therefore denies the same.
`
`ALLEGATION NO. 7:
`
`Threshold Enterprises is the owner of U.S. Trademark Registration No. 4,837,774 for
`SOURCE for “Dietary supplements; herbal supplements; nutritional supplements; food
`supplements; vitamins” in Class 05 and “Wholesale distributorship and mail order catalog
`services in the field of dietary, herbal, nutritional, and food supplements and vitamins” in Class
`35. This registration is valid, subsisting, uncancelled and conclusive evidence of Threshold
`Enterprises’ exclusive right to use SOURCE in commerce or in connection with the goods and
`services specified in the registration.
`
`ANSWER:
`
`Applicant admits that the records of the U.S. Patent and Trademark Office indicate that
`
`Threshold Enterprises is the listed owner of Reg. No. 4,837,774. As to the remaining allegations
`
`in Allegation No. 7, Applicant is without sufficient knowledge or information sufficient to form
`
`a belief as to the truth of Allegation No. 7 and therefore denies the same.
`
`CHICAGO/#2787272.2
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`
`
`ALLEGATION NO. 8:
`
`SOURCE is a prominent national brand, with products available nationwide in all major
`markets.
`
`ANSWER:
`
`Applicant is without sufficient knowledge or information sufficient to form a belief as to
`
`the truth of Allegation No. 8 and therefore denies the same.
`
`ALLEGATION NO. 9:
`
`Threshold Enterprises owns common law rights in its SOURCE and SOURCE
`NATURALS marks and SOURCE NATURALS, INC. trade name.
`
`ANSWER:
`
`Applicant is without sufficient knowledge or information sufficient to form a belief as to
`
`the truth of Allegation No. 9 and therefore denies the same.
`
`ALLEGATION NO. 10:
`
`Applicant’s Marks so resemble Threshold Enterprises’ SOURCE and SOURCE
`NATURALS marks and SOURCE NATURALS, INC. trade name that they are likely to cause
`confusion, or to cause mistake or deceive within the meaning of Section 2(d) of the Trademark
`(Lanham) Act of 1946, 15 U.S.C. § 1052(d).
`
`ANSWER:
`
`Denied.
`
`ALLEGATION NO. 11:
`
`Applicant’s Marks are deceptive under Section 2(a) of the Trademark (Lanham) Act of
`1946, 15 U.S.C. § 1052(a) by implying that Threshold Enterprise’s SOURCE and SOURCE
`NATURALS products are not the “true” SOURCE products, and that Threshold Enterprises use
`of SOURCE is false, when that is not the case.
`
`ANSWER:
`
`Denied.
`
`ALLEGATION NO. 12:
`
`Applicant’s Marks are deceptively misdescriptive under Section 2(e) of the Trademark
`(Lanham) Act of 1946, 15 U.S.C. § 1052(e) by implying that the ingredients of the goods
`
`CHICAGO/#2787272.2
`
`-5-
`
`

`
`
`
`associated with Applicant’s Marks come from the original source of such ingredients which, on
`information and belief, is false.
`
`ANSWER:
`
`Denied.
`
`ALLEGATION NO. 13:
`
`By reasons of the foregoing, Threshold Enterprises will be damaged by the registration of
`Applicant’s Marks.
`
`ANSWER:
`
`Denied.
`
`FIRST AFFIRMATIVE DEFENSE
`
`Abandonment/Acquiescence
`
`1.
`
`The marketplace in the United States for dietary and nutritional supplements (and the
`
`Principal Trademark Register) includes over 80 U.S. registered trademarks that include the
`
`expression SOURCE either alone or in combination with other words or elements. Attached as
`
`Exhibit A is a list of 80 U.S. registered trademarks that include the expression SOURCE.
`
`2.
`
`By virtue of the existence of the multitude of other SOURCE-related marks in the
`
`marketplace, Opposer has abandoned any rights that it may have had with respect to SOURCE-
`
`related marks other than marks that include the words “source” and “natural.”
`
`3.
`
`By virtue of the existence of the multitude of other SOURCE-related marks in the
`
`marketplace, Opposer has acquiesced to the use of SOURCE-related marks in the marketplace,
`
`including Applicant’s TRUSOURCE marks, for dietary and nutritional supplements.
`
`SECOND AFFIRMATIVE DEFENSE
`
`Estoppel
`
`4.
`
`On July 10, 2014, Opposer filed Appl. Ser. No. 86/333,714 for the mark SOURCE for
`
`use in connection with cosmetics in class 3, dietary supplements; herbal supplements; nutritional
`
`supplements; food supplements; vitamins in class 5 and wholesale distributorship and mail order
`
`CHICAGO/#2787272.2
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`-6-
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`

`
`
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`catalog services in the field of dietary, herbal, nutritional, and food supplements and vitamins in
`
`class 42.
`
`5.
`
`In connection with Opposer’s SOURCE application, Opposer’s President submitted a
`
`signed Declaration stating, among other things, “The signatory believes that to the best of the
`
`signatory’s knowledge and belief, no other person has the right to use the mark in commerce,
`
`either in identical form or in such near resemblance as to be likely, when used on or in
`
`connection with the goods/services of such other person, to cause confusion or mistake or to
`
`deceive.”
`
`6.
`
`Upon information and belief, Opposer had knowledge of the multitude of SOURCE-
`
`related marks on the principal trademark registration at the time of making the Declaration stated
`
`above in Paragraph 5.
`
`7.
`
`Applicant relied upon the existence of the multitude of SOURCE-related marks on the
`
`principal register for dietary and nutritional supplements and Opposer’s failure to prevent or seek
`
`cancellation of the third party SOURCE related marks when it filed its trademark application for
`
`the mark TRUSOURCE.
`
`8.
`
`Opposer should be estopped from asserting its SOURCE and SOURCE NATURALS
`
`marks against Applicant’s applications after Applicant’s reliance on Opposer’s prior statements
`
`and activities.
`
`THIRD AFFIRMATIVE DEFENSE
`
`Fraud
`
`9.
`
`Upon information and belief, Opposer was aware of other third-party marks, including
`
`federally registered marks, that incorporate the expression SOURCE either alone or in
`
`combination with other words and designs. In light of Opposer’s allegations in its Amended
`
`Notice of Opposition, Opposer’s statement in its Declaration described above in Paragraph 5 was
`
`false.
`
`10.
`
`The existence of third-party marks that are likely to cause confusion or mistake when
`
`compared to Opposer’s SOURCE Mark is material to the registrability of Opposer’s trademark.
`
`CHICAGO/#2787272.2
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`
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`Upon information and belief, Opposer submitted the declaration described in Paragraph 5 above
`
`with the intent to deceive the United States Patent and Trademark Office.
`
`FOURTH AFFIRMATIVE DEFENSE
`
`Unclean Hands
`
`11.
`
`In light of Opposer’s acts of fraud and the related circumstances described above in
`
`Paragraphs 4 through 10, Opposer should not be permitted to use its trademark registrations to
`
`prevent registration of Applicant’s TRUSOURCE marks.
`
`FIFTH AFFIRMATIVE DEFENSE
`
`No Likelihood of Confusion
`
`12.
`
`Applicant’s TRUSOURCE marks are sufficiently different from Opposer’s SOURCE
`
`NATURALS marks and Opposer’s SOURCE mark with regards to their respective uses and
`
`commercial impressions in the marketplace.
`
`13.
`
`Given the differences between Applicant’s and Opposer’s respective marks and the
`
`existence of numerous SOURCE-related marks used on similar or related goods in the
`
`marketplace, no confusion is likely.
`
`CHICAGO/#2787272.2
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`
`
`
`FIRST COUNTERCLAIM
`
`Deceptively Misdescriptive
`
`14.
`
`Threshold Enterprises is listed as the owner of U.S. Trademark Registration No.
`
`1,909,705 for SOURCE NATURALS for “vitamins, herbs and nutritional supplements” and U.S.
`
`Trademark Registration No. 3,930,397 for SOURCE NATURALS for “cosmetics, namely,
`
`ointments, gels, creams, lotions, moisturizers, oils, serums, salves and bath oils, all of which are
`
`used for the skin.” in the records of the United States Patent and Trademark Office (the
`
`“Threshold Marks”).
`
`15.
`
`Upon information and belief, Opposer’s products sold under the Threshold Marks are not
`
`made exclusively of natural ingredients. The Threshold Marks are deceptively misdescriptive
`
`under Section 2(e) of the Trademark (Lanham) Act of 1946, 15 U.S.C. § 1052(e) by implying
`
`that the ingredients of the goods associated with the Threshold Marks are made exclusively of
`
`natural ingredients, which upon information and belief, is false. Consumers may plausibly, but
`
`wrongly, believe that Opposer’s products contain exclusively natural ingredients and such a
`
`consumer may use such a mistaken belief in his/her decision to purchase Opposer’s goods.
`
`16. Wherefore, the Threshold Marks should be cancelled from the Principal Register.
`
`SECOND COUNTERCLAIM
`
`Likelihood of Confusion
`
`17.
`
`On October 20, 2015, Threshold Enterprises’ Appl. Ser. No. 86/333,714 for the mark
`
`SOURCE issued as Reg. No. 4,837,774 (the “SOURCE Registration”).
`
`18.
`
`The mark SOURCE for use in connection with dietary supplements; herbal supplements;
`
`nutritional supplements; food supplements; vitamins is likely to be confused with prior existing
`
`SOURCE-related trademark registrations, including the registrations listed in Exhibit B hereto.
`
`19.
`
`Applicant is damaged by the existence of the SOURCE registration on the principal
`
`register, as shown by Opposer’s Notice of Opposition seeking the refusal of registration of
`
`Applicant’s TRUSOURCE Marks.
`
`20. Wherefore, the SOURCE Registration should be cancelled from the Principal Register.
`
`CHICAGO/#2787272.2
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`

`
`
`
`THIRD COUNTERCLAIM
`
`Non-use
`
`21.
`
`On July 10, 2014, Opposer filed Appl. Ser. No. 86/333,714 as an intent-to-use application
`
`for the mark SOURCE for use in connection with cosmetics in class 3, dietary supplements;
`
`herbal supplements; nutritional supplements; food supplements; vitamins in class 5 and
`
`wholesale distributorship and mail order catalog services in the field of dietary, herbal,
`
`nutritional, and food supplements and vitamins in class 42.
`
`22.
`
`During the prosecution of Opposer’s Appl. Ser. No. 86/333,714 for the mark SOURCE,
`
`Opposer submitted a specimen and statement of use on September 1, 2015 (the “SOURCE
`
`Specimen”).
`
`23.
`
`The Source Specimen does not show the Opposer’s SOURCE mark in use in commerce
`
`as required by 37 C.F.R. § 2.56.
`
`24.
`
`Upon information and belief, Opposer has not used Opposer’s SOURCE mark in
`
`commerce and proven the same as required by 37 C.F.R. § 2.56.
`
`25.
`
`On October 20, 2015, Threshold Enterprises’ Appl. Ser. No. 86/333,714 for the mark
`
`SOURCE issued as Reg. No. 4,837,774 (the “SOURCE Registration”).
`
`26.
`
`Applicant is damaged by the existence of the SOURCE Registration on the Principal
`
`Register, as shown by Opposer’s Notices of Opposition seeking the refusal of registration of
`
`Applicant’s TRUSOURCE Marks.
`
`27. Wherefore, the SOURCE Registration is not entitled to registration on the Principal
`
`Register and should be cancelled.
`
`
`
`WHEREFORE, Applicant prays for relief in the nature of:
`
`PRAYER FOR RELIEF
`
`
`
`Dismissal of Opposer’s Notice of Opposition;
`
`CHICAGO/#2787272.2
`
`-10-
`
`

`
`
`
`
`
`
`
`
`
`Finding of no likelihood confusion between Opposer’s marks Applicant’s
`
`TRUSOURCE marks;
`
`Finding that Applicant’s TRUSOURCE marks are not deceptive or deceptively
`
`misdescriptive;
`
`Finding
`
`that Opposer’s SOURCE NATURAL marks are deceptively
`
`misdescriptive and should be cancelled from the Principal Register;
`
`Finding that Opposer’s SOURCE mark is likely to be confused with previously
`
`existing trademark registration and should be cancelled from the Principal
`
`Register; and/or
`
`
`
`Finding that Opposer’s SOURCE mark does not meet the requirements of the
`
`Lanham Act for registration on the Principal Register because of non-use and
`
`should be cancelled from the Principal Register.
`
`
`
`
`
`Respectfully submitted,
`
`GLANBIA NUTRITIONALS (IRELAND)
`LIMITED
`
`/robert s rigg/
`Robert S. Rigg
`One of Its Attorneys
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`
`Angelo Bufalino
`Robert S. Rigg
`John E. Munro
`Vedder Price P.C.
`222 North LaSalle Street
`Chicago, Illinois 60601
`T: +1 (312) 609 7500
`
`
`
`Dated:
`
`January 8, 2015
`
`CHICAGO/#2787272.2
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`-11-
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`

`
`
`
`CERTIFICATE OF SERVICE
`
` I
`
` hereby certify that a true and complete copy of the foregoing ANSWER TO NOTICE OF
`OPPOSITION has been served on counsel for Opposer by mailing said copy on January 8, 2015,
`via First Class Mail, postage prepaid to:
`
`Rod S. Berman
`Jeffer Mangels Butler & Mitchell LLP
`1900 Avenue of the Stars, 7th Floor
`Los Angeles, CA 90067
`trademarkdocket@jmbm.com
`
`
`/john e munro/
`John E. Munro
`
`
`
`
`
`
`
`
`
`
`
`CHICAGO/#2787272.2
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`

`
`Exhibit [A] – Page [1]
`SOURCE-related Marks
`
`
`Proc. nos.: 91/224,750
`
` 91/224,791
`
`
`
`Trademark with Application
`No. and Registration No.
`
`Status and
`Key Dates
`
`Owner
`
`Goods and Services
`
`(Int'l Class: 05)
`animal feed supplements
`
`
`
`Registered:
`December 5, 2006
`
`
`Source, Inc.
`(Connecticut Corp.)
`101 Fowler Road
`
`
`
`Registered:
`January 24, 2012
`
`
`Source One Global
`Partners
`(Illinois Limited
`Liability Company)
`
`(Int'l Class: 05)
`supplements used as an ingredient for
`the further manufacture of dietary
`supplements
`
`
`
`
`
`Registered:
`April 29, 2014
`
`
`
`Registered:
`July 24, 2007
`
`
`Registered:
`May 13, 2008
`
`
`Registered:
`July 8, 2008
`
`
`Registered:
`July 15, 2008
`
`
`Registered:
`March 3, 2009
`
`
`SOURCE
`
`RN: 3180742
`
`SN: 78796860
`
`QSOURCE
`
`RN: 4091499
`
`SN: 77888071
`
`7 SOURCES
`
`RN: 4523023
`
`SN: 85834172
`
`
`FLORA SOURCE
`
`RN: 3267602
`
`SN: 77034387
`Disclaimer: "FLORA"
`
`OPTISOURCE
`
`
`
`RN: 3428301
`
`SN: 78729062
`
`
`OPC-SOURCE
`
`RN: 3463174
`
`SN: 77081375
`
`COQSOURCE
`
`RN: 3468749
`SN: 77107996
`
`
`INNOVASOURCE
`
`RN: 3583202
`
`SN: 77531567
`
`
`(Int'l Class: 05)
`dietary and nutritional supplements
`
`Flora
`Manufacturing &
`Distributing, LTD.
`(Canada Corp.)
` Canada
`
`Nutri-Health Direct,
`(Int'l Class: 05)
`LLC
`dietary supplements
`(United States
`Limited Liability
`Company)
`
`
`
`
`
`(Int'l Class: 05)
`dietary, vitamin, nutritional and mineral
`supplements; [ drink mixes and bars for
`use as meal replacements, meal
`supplements and for weight management;
`] protein drinks; [ protein bars; food and ]
`beverages for medically restricted diets;
`and medical food supplements for
`recovery after surgery and to maintain
`muscle tissue
`
`(Int'l Class: 05)
`dietary supplements
`
`
`
`(Int'l Class: 05)
`dietary supplements
`
`
`
`(Int'l Class: 03)
`skin cleansing lotions, hand lotions, hand
`creams and disinfectant soaps
`(Int'l Class: 05)
`disinfecting household hand wash and
`sanitizers; all-purpose disinfectants
`
`(Int'l Class: 05)
`herbal supplements
`
`
`
`Societe Des
`Produits Nestle,
`S.A.
`(Switzerland Corp.)
`Case Postale 353
`
`
`
`Source One Global
`Partner, LLC
`(Illinois Limited
`Liability Company)
`
`
`Source One Global
`Partners
`(Illinois Limited
`Liability Company)
`
`Innovasource LLC
`(North Carolina
`Limited Liability
`Company)
`
`
`
`ESSENTIAL SOURCE
`
`
`Registered:
`February 16, 2010
`
`Essential Source,
`Inc.
`
`CHICAGO/#2794383.1
`
`

`
`Exhibit [A] – Page [2]
`SOURCE-related Marks
`
`
`Proc. nos.: 91/224,750
`
` 91/224,791
`
`Trademark with Application
`No. and Registration No.
`
`Status and
`Key Dates
`
`Owner
`
`Goods and Services
`
`
`
`(Int'l Class: 05)
`dietary supplements
`
`
`
`(Int'l Class: 05)
`dietary supplements
`
`
`
`(Int'l Class: 05)
`dietary supplements
`
`
`
`(Int'l Class: 05)
`dietetic substances for medical use,
`dietetic foodstuffs designated for clinical
`nutrition, dietary food supplements
`
`(Int'l Class: 05)
`nutritional products, namely, dietary
`supplements, meal replacement drinks,
`vitamin and mineral supplements;
`functional foods, namely, food products
`that contain an additive for providing
`health benefits beyond the traditional
`nutrients that the product contains,
`namely, snack and dessert bars,
`beverages and shakes, candies, and teas
`that are fortified, enriched and enhanced
`with vitamins, herbs and other
`nutraceutical and dietary supplement
`ingredients, for nutritional functions
`
`(Int'l Class: 32)
`mineral water; aerated water; carbonated
`water; fruit drinks and fruit juices
`
`
`
`(Int'l Class: 32)
`food products, namely, pure fruit juices,
`non-alcoholic fruit juice beverages and
`waters, non-alcoholic fruit juice combos,
`non-alcoholic fruit beverages, non-
`alcoholic fruit juice blends, fruit
`smoothies and 100 percent fruit juices
`
`(Int'l Class: 01)
`
`
`
`(Arizona Corp.)
`
`
`
`Source One Global
`Partners, LLC
`(Illinois Limited
`Liability
`Corporation)
`
`Source One Global
`Partners, LLC
`(Illinois Limited
`Liability
`Corporation)
`Source One Global
`Partners, LLC
`(Illinois Limited
`Liability
`Corporation)
`Societe Des
`Produits Nestle,
`S.A.
`(Switzerland Corp.)
`
`Burdick, Henry
`(United States
`Citizen)
`79-450 Tom Fazio
`Lane South
` La Quinta
` California
` 92253
`
`
`Registered:
`October 10, 2006
`
`
`Registered:
`October 17, 2006
`
`
`Registered:
`September 19,
`2006
`
`
`Registered:
`August 1, 2006
`
`
`Registered:
`April 20, 2010
`
`
`RN: 3748595
`
`SN: 77673100
`
`STEROLSOURCE
`
`RN: 3154615
`
`SN: 76619479
`
`
`TOCOSOURCE
`
`RN: 3159541
`
`SN: 76619255
`
`GAMMASOURCE
`
`RN: 3146048
`
`SN: 76619250
`
`FIBERSOURCE
`
`RN: 3122878
`
`SN: 78554037
`
`PREVENTSOURCE
`
`RN: 3779558
`
`SN: 78729372
`
`
`Llanllyr Water
`Company Limited
`(United Kingdom
`Corp.)
`
`
`
`Registered:
`April 20, 2010
`
`
`Registered:
`April 8, 2014
`
`
`Sun-Rype Products
`LTD.
`(Canada Corp.)
`
`
`
`SOURCE WATER
`
`RN: 3778495
`
`SN: 77199998
`Disclaimer: "WATER"
`
`FRUITSOURCE
`
`RN: 4512265
`
`SN: 85856070
`
`
`PHYTOSOURCE
`CHICAGO/#2794383.1
`
`Registered:
`
`Phytosource, Inc.
`
`

`
`Exhibit [A] – Page [3]
`SOURCE-related Marks
`
`
`Proc. nos.: 91/224,750
`
` 91/224,791
`
`Trademark with Application
`No. and Registration No.
`
`Status and
`Key Dates
`
`Owner
`
`Goods and Services
`
`plant extracts, namely fruit, plant leaf,
`and root extracts, used in the
`manufacture of foods, dietary
`supplements, nutritional supplements,
`and pharmaceuticals
`(Int'l Class: 05)
`herbal supplements; vitamin and mineral
`preparations for use as ingredients in the
`food and pharmaceutical industry
`
`(Int'l Class: 05)
`nutritional supplements, enzymes for
`medical purposes, dietary enzyme food
`supplements
`
`(Kentucky Corp.)
`
`
`
`August 23, 2011
`
`
`Registered:
`December 24, 2013
`
`
`Bohager Holdings,
`LLC
`(Florida Limited
`Liability Company)
`
`
`
`
`
`Registered:
`December 28, 2010
`
`
`(Int'l Class: 32)
`Nestle Waters North
`America, Inc.
`spring water
`(Delaware Corp.)
`
`
`
`(Int'l Class: 05)
`dietary supplements; food supplements;
`ingredients for use in dietary
`supplements, namely, bioflavonoids,
`flavonoids, antioxidants or vitamins
`
`(Int'l Class: 05)
`dietary supplements; nutritional
`supplements; calcium supplements; food
`supplements; mineral supplements;
`homeopathic supplements; protein
`supplements; food for diabetics; herbal
`topical creams, gels, salves, sprays,
`powder, balms, liniment and ointments
`for the relief of aches and pain; medicated
`foot powder
`
`(Int'l Class: 05)
`nutritional supplements
`
`
`
`
`
`Registered:
`February 28, 2012
`
`
`Source One Global
`Partners
`(Illinois Limited
`Liability Company)
`
`
`
`Registered:
`January 19, 2010
`
`
`Royal Source
`Trading Inc.
`(California Corp.)
`
`
`
`Registered:
`July 27, 2010
`
`
`Greg Geremesz
`(United States
`Citizen)
`
`
`
`
`RN: 4015828
`
`SN: 85229668
`
`
`DIGESTSOURCE
`
`RN: 4456042
`
`SN: 85694408
`
`RE-SOURCE
`
`RN: 3896268
`
`SN: 77893101
`
`PMFSOURCE
`
`RN: 4103428
`
`SN: 77573575
`
`
`ROYAL SOURCE
`
`RN: 3740926
`
`SN: 77585534
`
`
`VITA SOURCE
`
`RN: 3825821
`
`SN: 77583154
`
`
`CHICAGO/#2794383.1
`
`

`
`Exhibit [A] – Page [4]
`SOURCE-related Marks
`
`
`Proc. nos.: 91/224,750
`
` 91/224,791
`
`Trademark with Application
`No. and Registration No.
`
`Status and
`Key Dates
`
`Owner
`
`Goods and Services
`
`
`
`LIVETHESOURCE
`
`RN: 3805750
`SN: 77759097
`
`
`Registered:
`June 22, 2010
`
`
`Registered:
`June 9, 2009
`
`
`Registered:
`March 30, 2010
`
`
`Registered:
`May 17, 2011
`
`
`VITAL SOURCE
`
`RN: 3635024
`
`SN: 77609389
`
`
`ORGANIC SOURCE
`
`RN: 3768679
`
`SN: 77611652
`Disclaimer: "ORGANIC"
`
`FRUITSOURCE
`
`RN: 3963128
`
`SN: 77959381
`
`HEMASOURCE
`
`RN: 4338717
`
`SN: 85742593
`
`
`SOURCEINNERG
`
`RN: 4058724
`
`SN: 85159612
`
`SLIMSOURCE
`
`CHICAGO/#2794383.1
`
`The Source Vitamin
`(Int'l Class: 05)
`Company, Inc.
`natural herbal supplements; vitamin and
`(Florida Corp.)
`mineral supplements
`(Int'l Class: 35)
`multi-level marketing business services;
`promotion and marketing services and
`related consulting; providing business
`marketing information
`(Int'l Class: 41)
`business training; educational services,
`namely, conducting classes, workshops,
`seminars, conferences in the field of
`multi-level marketing and distribution of
`training material in connection therewith;
`providing on-line training, namely,
`tutorials, seminars, webinars, training
`manuals, weekly informational phone
`calls, for sale of multi-level vitamins,
`minerals and herbal supplements in the
`field of multi-level marketing
`
`(Int'l Class: 05)
`dietary and nutritional supplements;
`dietary supplements; food supplements;
`liquid nutritional supplement; mineral
`nutritional supplements; mineral
`supplements; nutritional supplements
`
`(Int'l Class: 32)
`fruit beverages
`
`Wellnessone, Inc.
`(Minnesota Corp.)
`
`
`
`
`
`Jonathan Cadoux
`(United States
`Citizen)
`
`
`
`(Int'l Class: 05)
`dietary supplements; nutraceuticals for
`use as a dietary supplement
`
`
`
`Advanced
`Ingredients, LLC
`(California Limited
`Liability Company)
`
`
`
`Registered:
`May 21, 2013
`
`
`Hemasource, Inc.
`(Utah Corp.)
`
`
`Registered:
`November 22, 2011
`
`
`Achieve Optimal
`Wellness Inc.
`(Florida Corp.)
`
`(Int'l Class: 05)
`disposable and consumable medical
`supplies, namely bandages for dressing,
`gauze, sanitary preparations for medical
`use, medical adhesive tape
`(Int'l Class: 10)
`(Int'l Class: 42)
`
`(Int'l Class: 05)
`powdered nutritional supplemental drink
`mix
`
`
`
`
`
`Registered:
`
`Lifestyle Fitness,
`
`(Int'l Class: 05)
`
`

`
`Exhibit [A] – Page [5]
`SOURCE-related Marks
`
`
`Proc. nos.: 91/224,750
`
` 91/224,791
`
`Trademark with Application
`No. and Registration No.
`
`Status and
`Key Dates
`
`Owner
`
`Goods and Services
`
`LLC
`(Florida Limited
`Liability Company)
`
`dietetic foods adapted for medical use;
`nutritional energy bars for use as a meal
`substitute; medicinal herbs; meal
`replacement snacks; nutritional drinks
`used for meal replacement; and meal
`replacement powders
`(Int'l Class: 41)
`educational services, namely, conducting
`seminars, lectures, and workshops in the
`fields of weight loss, weight control,
`nutrition, and fitness
`(Int'l Class: 44)
`weight loss center services, namely,
`providing weight loss program services in
`the fields of weight reduction, diet,
`planning and supervision; nutrition
`counseling; body contouring treatments,
`namely, cosmetic body care services in
`the nature of body wraps; and liposuction
`and surgical body shaping services,
`namely, body contouring services
`
`Societe Des
`(Int'l Class: 32)
`Produits Nestle S.A.
`spring water, drinking water, bottled
`(Switzerland Corp.)
`drinking water
`
`
`
`
`RN: 3880556
`
`SN: 77635998
`
`
`November 23, 2010
`
`
`Registered:
`November 26, 2013
`
`
`
`
`
`
`(Int'l Class: 05)
`dietary and nutritional supplements
`
`
`
`Registered:
`October 26, 2010
`
`
`Malone, John
`(United States
`Citizen)
`
`
`(Int'l Class: 05)
`dietary and nutritional supplements
`
`
`
`(Int'l Class: 03)
`(Int'l Class: 05)
`individual-and multiple-vitamin
`supplements; liquid vitamin supplements;
`chewable vitamin supplements; dietary
`supplements used for weight loss
`(Int'l Class: 40)
`contract manufacturing of skin creams
`and foundation, body cleansing scrub,
`sunscreen creams, anti-aging
`moisturizer, skin moisturizer, creams for
`cellulite reduction, facial cleanser, hair
`shampoos and conditioners, private label
`cosmetics, individual-and multiple-
`vitamin supplements, liquid vitamin
`supplements, chewable vitamin
`
`Registered:
`September 22,
`2009
`
`
`Registered:
`September 24,
`2013
`
`
`Hyper Network
`Solutions of
`Florida, LLC
`(Florida Limited
`Liability Company)
`
`Pure Source, Inc.
`(Florida Corp.)
`
`
`RESOURCE
`
`RN: 4439155
`
`SN: 85867185
`
`SUNLAND SOURCE