Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA919887
`
`Filing date:
`
`09/04/2018
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91233167
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Nutrimost LLC
`
`LAURA L BEOGLOS
`SAND & SEBOLT
`4940 MUNSON STREET, N. W AEGIS TOWER SUITE 1100
`CANTON, OH 44718-3615
`UNITED STATES
`docket@sandandsebolt.com, laurab@sandandsebolt.com
`330-244-1174
`
`Defendant's Notice of Reliance
`
`Laura L. Beoglos
`
`docket@sandandsebolt.com, laurab@sandandsebolt.com
`
`/Laura L. Beoglos/
`
`09/04/2018
`
`2975028US1AO D Second NOR Part 1 of 4 - Web Pages.pdf(5449879 bytes )
`2975028US1AO D Second NOR Part 2 of 4 - Web Pages.pdf(5287152 bytes )
`2975028US1AO D Second NOR Part 3 of 4 - Web Pages.pdf(5916538 bytes )
`2975028US1AO D Second NOR Part 4 of 4 - Web Pages.pdf(3133629 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Nutri/System IPHC, Inc.,
`
`Opposition No. 91233167
`
`v.
`
`NutriMost, LLC,
`
`Opposer,
`
`Applicant.
`
`Application No. 87089928
`
`Mark: NutriMost Wellness & Weight Loss
`
`APPLICANT'S SECOND NOTICE OF RELIANCE
`
`PLEASE TAKE NOTICE that, pursuant to Rule 2.122 of the Trademark Rules of
`
`Practice, Applicant NUTRIMOST, LLC. hereby makes of record and will rely on the following
`
`documents, copies of which are attached hereto.
`
`2.
`
`A collection of printouts of third party web pages using the wording "WEIGHT
`
`LOSS" for weight loss goods and services. These documents are relevant to the issue of the
`
`strength of Opposer's pleaded marks, to the issue of the similarity of the patties' respective
`
`marks, to the number and nature of other marks which include the wording 'WEIGHT LOSS,"
`
`and the extent to which Opposer has the right to exclude others from use of "WEIGHT LOSS"
`
`on marks for weight loss goods and services.
`
`NUTRIMOST, LLC
`
`~~e~~ Sand & Sebolt
`
`4940 Munson St., NW
`Aegis Tower, Suite 1100
`Canton, OH 44718-3615
`330-244-1174
`laurab@sandandsebolt.com
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that, on September 4, 2018, I caused a copy of the foregoing SECOND
`
`NOTICE OF RELIANCE to be served via e-mail and U.S. mail upon the following:
`
`Lisa A. Lori, Esq.
`KLEHR I HARRISON I HARVEY I BRANZBURG LLP
`1835 Market Street, Suite 1400
`Philadelphia, PA 19103
`Direct Dial (215) 569-2586
`llori@klehr.com
`
`~ ~h&o
`
`SAND & SEBOLT
`4940 Munson St. NW
`Aegis Tower, Suite 1100
`Canton, OH 44718
`Telephone: (330) 244-1174
`
`Attorneys for the Applicant
`
`

`

`8/31/2018
`
`Cannan Valley - Pace Yourself
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`Cannan Valley - Pace Yourself
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`Additional Medical Services:
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`9/4/2018
`
`Medical Weight Loss Plans for Women - Physician supervised medical weight loss in Keller TX , Get Weight Loss
`
`WEIGHT LOSS, ENERGY & WELLNESS
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`f\Jewl Coo1Sculpting
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`HCG Diet
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`Have Questions?
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`lfl PrintNew
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`http://www.thiniquekeller.com/medical-weight-loss-plans-for-women/
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`1/2
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`

`

`9/4/2018
`
`Medical Weight Loss Plans for Women - Physician supervised medical weight loss in Keller TX , Get Weight Loss
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`Office Hours
`lvlon: Closed
`am-· 7:00pm
`WEIGHT LOSS, ENERGY & WELwm;~o
`Jam - 7:00rim
`Thu: 1 ·1 :OOam - 7:00prn
`Fri: 8:00arn ·- 1 :OOprn
`Sat 8:00am - 1 :OOpm
`Sun: Closed
`
`At your conveniently located Thinique
`lvledical Weight Loss Clinic in the
`/1lliance/l<eller area of Fort Worth, TX,
`our medically supervised weight loss
`program supports behavior
`rnodincotion and nutritional education
`In help our patients succeed.
`
`Contact Details
`Fort Worth, Alliance/l<eller area
`44,'0 Heritage Trace Parkway, Ste 308
`Fort Worth, TX 7624'1
`
`inf o@Jth i niq uekeller. com
`
`Phone:(817) 717-5100
`
`SHOP NOW
`
`* Results are not guaranteed. Results will vary based on each patient's physical health, family history, diet and exercise, physical condition and
`adherence to the Thinique program. The weight loss results described herein may or may not be typical. References to "losing inches" or "inches
`lost" means total combined inch loss from the waist, hips and thighs. No prescriptions or treatments (including testosterone injections) will be
`given unless a clinical need exists based on an examination, any necessary testing or labs, a medical consultation and current medical history.
`
`*Nothing herein should be construed as a representation that "B-12" or "B Complex/MIC" injections are medically necessary or will cause weight
`loss. These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease.
`
`** No testosterone treatments will be given unless a clinical need exists, based upon an examination, necessary testing or labs, a medical
`consultation and a current medical history. Results may vary from patient to patient based on factors such as weight, age, diet, and health.
`
`* Results and Patient Experience May Vary. *In the U.S., the CoolSculpting procedure is FDA-cleared for the treatment of visible fat bulges in the
`submental area, thigh, abdomen and flank, along with bra fat, back fat, underneath the buttocks (also known as banana roll), and upper arm. In
`China, the Cryolipolysis system is used for fat layer reduction of the abdomen and flanks. In Taiwan, the CoolSculpting procedure is cleared for the
`breakdown of fat in the flank (love handle), abdomen, and thigh. Outside the U.S., China and Taiwan, the CoolSculpting procedure for non-invasive
`fat reduction is available worldwide. ZELTIQ, CoolSculpting, the CoolSculpting logo, and the Snowflake design are registered trademarks of ZELTIQ
`Aesthetics, Inc.© 2017. All rights reserved. CoolSculpting is the treatment doctors use most for non-invasive fat removal.
`
`Copyright Thinique Medical Weight Loss 2013-2017
`Disclaimer I Privacy Policy I Terms of Use
`
`http://www.thiniquekeller.com/medical-weight-loss-plans-for-women/
`
`2/2
`
`

`

`9/4/2018
`
`About Us J Equilibrium Weight Loss & Longevity
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`"bout us
`
`T
`
`i \JV u
`
`ss e C S
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`Ke 2008 Equilibrium has been the leader in science-based, medically supervised weight loss.
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`e understand the struggle of losing those unwanted extra pounds and the impact that extra weight has on your
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`Equilibrium, we offer personalized weight-loss and vitality programs based on your genetics, lifestyle, and goals.
`Jr clients are real people with real lives. In our clinics, our medical doctors and caring team have created a space fc
`otivation and accountability, leading to real results. We're confident in the weight-loss solutions we offer and
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`https://www.eq-clinics.com/abouU
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`1/3
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`

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`9/4/2018
`
`About Us I Equilibrium Weight Loss & Longevity
`
`e would love to partner with you and empower you in your personal transformation!
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`) r P cess
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`;it one of our top-rated clinics to meet with one of our professional weight loss specialists. To serve you best, we w
`ur goals, health concerns, the degree of weight that you wish to lose, and your time frame in doing so.
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`f\lT!\CT
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`/\i\!
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`Name*
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`First
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`2/3
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`

`9/4/2018
`
`About Us I Equilibrium Weight Loss & Longevity
`
`https://www.eq-cJinics.com/abouU
`
`3/3
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`

`

`9/4/2018
`
`About Us -1513 Wellness
`
`Menu
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`(http://1513wellness.com/)
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`About Us
`
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`1/2
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`9/4/2018
`
`About Us - 1513 Wellness
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`Our Office
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`2017 © Silk Bike Media
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`2/2
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`

`9/4/2018
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`in-chittena ngo-new-v.ork). and ~v.racuse (httRS: //www.weightlosscnv..com/med ical-weig ht-loss-in-sv.racuse-new-v.ork).
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`Copyright© 2015 Weight Loss New York I Medical Website Deslg!!_(bl\Q://www.ifxmedical.com/l. I Privacv. Policy_(httQs://www.welghtlosscnv..com/orivacy_:Qollcv.).
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`Medical Weight Loss of NY, PLLC does not participate in any insurance plans.
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`5/5
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`

`

`9/4/2018
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`Hello Greenlite I How Hello Greenlite's Virtual Weight Loss Works
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`9/4/2018
`
`Hello Greenlite I How Hello Greenlite's Virtual Weight Loss Works
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`I'm Reac:ly
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`9/4/2018
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`D
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`Oe!jv<jr lo
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`Health & Personal Care
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`Amazon.com: Heuer MD Research Cardiashred, 120 Count: Health & Personal Care
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`Health & Household > Vitamins & Dietary Supplements > Vitamins > Vitamin B > B6
`
`Heuer MD Research Cardiashred, 120 Count by Heuer MD Research
`2 customer reviews
`
`MEDICAL DOCTOR FORMULATED mm
`
`CLINICAL STRENGTH
`
`LOSE WEIGHT FASr.*
`TORCH rATt*
`IGNIH EN£RGY1*
`PROMOlE L[A', MASS•*
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`32 POTENT ACTIVE INGREDlfNTS
`
`OIETAR'r'
`SUPPLEMENT
`
`!')(} Cnp!t'ts
`11nscn•nr.:,
`
`About the product
`Medical Doctor Formulated 5 in 1 Heart Healthy Weight Loss with 32 Potent Ingredients for Weight
`Loss, Energy Ignition, Calorie Burning, Lean Muscle Building and Heart Health
`
`• Multiple Weight Loss Drivers in Full Clinically Proven Effective Amounts
`
`, 15 Heart Healthy Vitamins and Minerals up to 150% of RDA along with Omega 3 and CoQ10
`
`Currently unavailable.
`We don't know when or if this item will be back in
`stock.
`
`Deliver to Canton 44701
`
`r··--- -·- ·------A-ddt~Li~---------- J
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`Share
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`Metatrition, Exclusively on Amazon
`
`........ 1
`
`.......... .-~""
`t,.,_,, .. ,,
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`"'"
`
`I
`
`Metatrition
`Activated B
`Complex, 90 Count
`$15.99
`
`Metatrition
`Activated Multi
`Mineral
`Combinations, 180
`Count
`$30.50
`
`Metatrition Coq10
`Ubiquino[
`Nutritional
`Supplements, 30
`Count
`$20.50
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`Amazon.com: Heuer MD Research Cardiashred, 120 Count: Health & Personal Care
`
`9/4/2018
`Have a question?
`
`Find answers in product info, Q&As, reviews
`
`Product description
`
`CardiaShred is Medical Doctor Formulated 5 in 1 product for weight loss, heart health, energy, calorie burning and lean muscle building. Marvin Heuer, M.D.F.A.A.F.P. who has
`practiced medicine for over 30 years draws on his clinical, pharmaceutical and nutraceutical development experience to create this revolutionary product. CardiaShred contains
`32 potent active ingredients providing multiple weight loss drivers; 15 heart healthy vitamins and minerals up to 150% RDA in addition to omega 3 and CoQ1 O; high level of
`EGCG, caffeine, Cissus CQR300, Advantra Z for Energy and Calorie Burning; and COP (creatinol-o-phosphate), ALA for Lean Muscle Building. Athletes and bodybuilders have
`higher incidences of heart disease and sudden cardiac death than in the general public. In 2008 heart disease caused almost 25% of deaths - almost one in every four in the
`U.S. Elite athletes with 8 - 9.9% body fat have higher incidence of sudden cardiac events than general public. More than one third of U.S. adults (35.7%) are obese and almost
`17% of youth were obese in 2009 - 2010. (NIH survey 2009 - 2010) By the Numbers {per day): COP - 1500mg, Caffeine - 350mg, Cissus Quadrangularis CQR300 - 300mg, Green
`Tea {50% EGCG) -300mg, Omega 3 (fish body oil source) - 200mg, Citrus Aurantium (Advantra Z 6%) -100mg.
`
`Product details
`Product Dimensions: 3.2 x 3.2 x 6.2 inches
`
`Shipping Weight: 8 ounces
`
`Domestic Shipping: Currently, item can be shipped only within the U.S. and to APO/FPO addresses. For APO/FPO shipments, please check with the
`manufacturer regarding warranty and support issues.
`
`International Shipping: This item is not eligible for international shipping. Learn More
`
`ASIN: B008M6SYDO
`
`UPC: 736211834539
`
`Average Customer Review:
`
`2 customer reviews
`
`Amazon Best Sellers Rank: #810,379 in Health & Household (See Top 100 in Health & Household)
`#354 in Health & Household > Vitamins & Dietary Supplements > Vitamins > Vitamin B > B6
`#7449 in Health & Household > Vitamins & Dietary Supplements > Weight Loss > Supplements
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`Important information
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`Legal Disclaimer
`Statements regarding dietary supplements have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease or health condition.
`
`Customer Questions & Answers
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`
`https://www.amazon.com/Heuer-MD-Research-Cardiashred-CounUdp/B008M6SYDO
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`2/4
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`

`9/4/2018
`
`Amazon.com: Heuer MD Research Cardiashred, 120 Count: Health & Personal Care
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`I
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`See all 2 customer reviews
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`Top customer reviews
`
`chefsteph
`
`It works OK.
`
`June 3, 2014
`Verified Purchase
`
`I've purchased this product in anticipation of a noticing a huge difference in my weight loss. It helped somewhat but I do
`not eat heavily anyway. However, I do have a problem with anything containing sugar. It really did not help in that
`particular situation. If I could completely eliminate sugar in its entirety from my diet, I would purchase CardiaShred
`again.
`
`Comment
`
`Report abuse
`
`Kimberly Williams
`
`Save your money!!
`February 25, 2014
`Verified Purchase
`
`This is my first (and last!) "diet pill" purchase. This product did NOTHING additional for me. I exercise regularly and took
`this product for 4 weeks along with stricter dieting hoping break my plateau and lose more than the standard 1.5-2 lbs
`a week ... No better results than what I previously lost through diet and exercise alone. (1.5 lbs/wk). I'll never buy a "diet"
`pill again. They're all scams!!
`
`[-- Helpf;;;-1
`
`Comment
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`See both reviews
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`Disclaimer: While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different
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`https://www.amazon.com/Heuer-MD-Research-Cardiashred-Count/dp/B008M6SYDO
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`9/4/2018
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`Amazon.com: Heuer MD Research Cardiashred, 120 Count: Health & Personal Care
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