Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1002406
`09/16/2019
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
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`91242068
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
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`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Plaintiff
`Leola Anifowoshe
`
`LESLIE WM ADAMS
`LESLIE WM ADAMS & ASSOCIATES
`3700 BUFFALO SPEEDWAY, SUITE 420
`HOUSTON, TX 77098
`UNITED STATES
`lwa@lesliewmadams.com, info@lesliewmadams.com,
`cem@lesliewmadams.com
`713-728-6360
`
`Plaintiff's Notice of Reliance
`
`Leslie Wm. Adams
`
`info@lesliewmadams.com, lwa@lesliewmadams.com, ale@lesliewmadams.com
`
`/Leslie Wm. Adams/
`
`09/16/2019
`
`NOTICE OF RELIANCE 091619.pdf(36825 bytes )
`OPPOSITION EX 1_compressed.pdf(5233278 bytes )
`OPPOSITION EX 2.pdf(2761374 bytes )
`OPPOSITION EX 3.pdf(652388 bytes )
`OPPOSITION EX 4.pdf(363734 bytes )
`OPPOSITION EX 5_compressed.pdf(5298944 bytes )
`OPPOSITION EX 6.pdf(20009 bytes )
`OPPOSITION EX 7.pdf(107071 bytes )
`OPPOSITION EX 8.pdf(122453 bytes )
`OPPOSITION EX 9.pdf(2623911 bytes )
`OPPOSITION EX 10.pdf(1841466 bytes )
`OPPOSITION EX 11.pdf(1110087 bytes )
`OPPOSITION EX 12.pdf(1389548 bytes )
`OPPOSITION EX 13.pdf(315379 bytes )
`OPPOSITION EX 14.pdf(723323 bytes )
`OPPOSITION EX 15_compressed.pdf(1524292 bytes )
`OPPOSITION EX 16.pdf(1265392 bytes )
`
`

`

`IN THE UNITED STATES TRADEMARK AND PATENT OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application No. 87729236
`For the mark: NZURI BODY ESSENTIALS
`Published in the Official Gazette on June 19, 2018
`
`
`LEOLA ANIFOWOSHE AND
`TESSYLIM ANIFOWOSHE
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`OPPOSERS,
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`V.
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`ELEGANT BEHAVIOR, LLC
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`APPLICANT.
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`§
`§
`§
`§
`§
`§
`§
`§
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`OPPOSITION NO. 91242068
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`
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`OPPOSERS’ NOTICE OF RELIANCE
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`Opposers, Leola Anifowoshe and Tessylim Anifowoshe, pursuant to 37 C.F.R. §2.122 and
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`
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`TMBP §704, Trademark Rules 2.121 through 2.125, as amended August 2019, hereby give their
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`reliance upon the following materials herein referenced as Exhibits to this Notice of Reliance.
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`Insofar as this Notice of Reliance is being filed on Monday, September 16, 2019, the Opposers
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`assert it is timely pursuant to 37 C.F.R. §2.196, because the testimony period for the applicant
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`ended on Sunday, September 15, 2019.
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`1.
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`Exhibit 1 – Certificate of Formation and Public Information Reports of Nzuri, LLC
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`was
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`obtained
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`from
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`the Texas Secretary
`
`of State’s website,
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`accessible
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`at
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`https://direct.sos.state.tx.us/acct/acct-login.asp. These documents are relevant to rebut Applicant’s
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`affirmative defenses and support Opposers superior rights on the mark as rightful owners
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`2.
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`Exhibit 2 – Pages from the internet from June 27, 2018, from the websites accessible
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`at
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`https://www.hairvitaminstore.com/category-s/1883.htm
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`https://www.amazon.com/s?k=nzuri&ref=nb_sb_noss_2 and https://www.heb.com/search/?q=nzuri
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`evidencing Nzuri’s products offered for sale to the public from vendors such as Opposers, Amazon
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`

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`and HEB. These documents are relevant as they will rebut Applicant’s affirmative defenses and
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`will show Opposers mark would be in fact confused and diluted while consumers would be
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`deceived.
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`3.
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`Exhibit 3 – Nzuri’s news article was published on d-mars.com on July 29, 2014, it
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`is accessible at https://issuu.com/d-mars/docs/hw37 and Nzuri’s collaboration with Torrei Hart
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`from pages from the internet from June 27, 2018, from the website accessible at
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`https://www.essence.com/torrei-hart-launches-new-natural-hair-care-line-products/ are relevant
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`to this matter as it will rebut Applicant’s affirmative defenses and support the existence of the
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`likelihood of confusion, the dilution, and the fame acquired by Nzuri’s mark.
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`4.
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`Exhibit 4 – Nzuri’s Trademark Application filed on September 08, 2011, S/N:
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`85417780 was obtained from the electronic database records of the United States Patent and
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`Trademark Office. This document is relevant to this matter as it will rebut Applicant’s affirmative
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`defenses and confirm Opposers’ right in the mark.
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`5.
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`Exhibit 5 – The Office Action issued on January 3, 2012 was obtained from the
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`electronic database records of the United States Patent and Trademark Office. This document is
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`relevant to this matter as it will rebut Applicant’s affirmative defenses. This document will further
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`support Opposers’ contentions that Opposers had sought Class 3 protection but were refused, and
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`will show that Applicant’s Trademark application should be refused by the same analysis used to
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`refuse Opposers’ application.
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`6.
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`Exhibit 6 – Examiner’s Amendments issued on June 5, 2012 and June 7, 2012. was
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`obtained from the electronic database records of the United States Patent and Trademark Office.
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`This document is relevant to this matter as it will rebut Applicant’s affirmative defenses. This
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`Notice of Reliance
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`2
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`Opposition No. 91242068
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`

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`document will further support that Opposers’ actions were reviewed by the Examining Attorney
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`and were subsequently approved.
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`7.
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`Exhibit 7 – Nzuri’s Registration Certificate No. 4378376, issued on August 6, 2013
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`was obtained from the electronic database records of the United States Patent and Trademark
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`Office. This document is relevant to this matter as it will rebut Applicant’s affirmative defenses.
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`This document will further support Opposers’ superior and established rights.
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`8.
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`Exhibit 8 – Nzuri Body Essential’s Illinois Secretary of State Trademark
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`Registration No. 110515 was obtained from the Illinois Secretary of State’s website. This
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`document is relevant to this matter as it will rebut Applicant’s affirmative defenses. This document
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`will further support that Applicant’s do not hold legal rights superior to Opposers.
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`9.
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`Exhibit 9 – Pages from the Internet on August 23, 2019, from the website accessible
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`at https://www.nzuribodyessentials.com/shop evidencing Nzuri Body Essential’s products offered
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`for sale as of August 23, 2019 that will rebut Applicant’s affirmative defenses and will demonstrate
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`the products offered by Applicant. The documents full further show products that at the time of
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`the pages were extracted were sold but have now been removed from their website. The products
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`removed are those that will cause the likelihood of confusion, dilution and deceptiveness.
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`10.
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`Exhibit 10 – Pages from the Internet on September 12, 2019, from the website
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`accessible at https://www.nzuribodyessentials.com/shop evidencing the current products that
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`Applicant is offering and the removal of the products that will cause likelihood of confusion
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`dilution and deceptiveness among Opposers’ customers.
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`11.
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`Exhibit 11 – List of products sold by Nzuri Body Essential with dates of first date
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`of sale and description of the products sold. This document was produced by Applicant’s during
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`the discovery period. This document is relevant to this matter as it will rebut Applicant’s
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`Notice of Reliance
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`3
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`Opposition No. 91242068
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`

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`affirmative defenses. This document will further support Opposers’ superior and established
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`rights.
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`12.
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`Exhibit 12 – Pages from the Internet on September 14, 2019, from the website
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`accessible at https://www.nzuribytavon.com/shop/ evidencing all of the current products offered
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`by Nzuri by Tavon. This is relevant to this matter as it will rebut Applicant’s affirmative defenses.
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`13.
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`Exhibit 13 – Nzuri by Tavon’s Trademark Application filed on April 20, 2018, S/N:
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`87886127 and Nzuri by Tavon’s Trademark Registration No. 5637050, were obtained from the
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`electronic database records of the United States Patent and Trademark Office. This document is
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`relevant to this matter as it will rebut Applicant’s affirmative defenses.
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`14.
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`Exhibit 14 – Pages from the Internet on August 21, 2019, from the website
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`accessible
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`at
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`https://www.walmart.com/browse/beauty/face-
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`makeup/zuri/1085666_1007040_4989345/YnJhbmQ6WnVyaQieie?grid=true&page=1#searchPr
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`oductResult evidencing all of the current products offered by Zuri. This is relevant to this matter
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`as it will rebut Applicant’s affirmative defenses.
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`15.
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`Exhibit 15 – Zuri Trademark Registration No. 1028316, Zuri Trademark Renewal
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`Application filed on November 04, 2015, S/N: 73022964 and Zuri Trademark Registration No.
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`1122638 and Zuri Trademark Renewal Application filed on April 18, 2019, S/N: 73172373, were
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`obtained from the electronic database records of the United States Patent and Trademark Office.
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`This document is relevant to this matter as it will rebut Applicant’s affirmative defenses and will
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`show that Applicant’s Trademark application should be refused by the same analysis used to refuse
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`Opposers’ application.
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`16.
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`Exhibit 16 – Nzuri Makeup Company Trademark Application filed on March 06,
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`2019, S/N:88327354 and Office Action issued on May 21, 2019, were obtained from the electronic
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`Notice of Reliance
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`4
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`Opposition No. 91242068
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`

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`database records of the United States Patent and Trademark Office. These documents are relevant
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`to this matter as it will rebut Applicant’s affirmative defenses.
`
`Respectfully submitted,
`
`LESLIE WM. ADAMS & ASSOCIATES
`
`
`
`Leslie Wm. Adams
`Texas Bar No. 00869810
`Alexis L. Espejel
`Texas Bar No. 24109846
`Charles I. Murnane
`Texas Bar No. 24074775
`3700 Buffalo Speedway, Suite 420
`Houston, Texas 77098
`Tel. (713) 728-6360
`Fax 713-728-6366
`Info@LeslieWmAdams.com
`COUNSEL FOR OPPOSERS
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and accurate copy of Opposers’ Notice of Reliance has been
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`served on the following by delivering said copy on September 16, 2019 via email to counsel for
`Applicant at the following address:
`
`
`Saper Law Office, LLC
`Matthew R. Grothouse
`505 North LaSalle, Suite 350
`Chicago, Illinois 60654
`(312) 527-4100 (Telephone)
`matt@saperlaw.com
`COUNSEL FOR APPLIANT
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`By:
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`Leslie Wm. Adams
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`Notice of Reliance
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`5
`
`Opposition No. 91242068
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application No. 87729236
`For the mark: NZURI BODY ESSENTIALS
`Published in the Official Gazette on June 19, 2018
`
`
`
`
`LEOLA ANIFOWOSHE AND
`
`TESSYLIM ANIFOWOSHE
`
`
`
`OPPONENT,
`
`
`
`
`
`
`V.
`
`
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`
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`ELEGANT BEHAVIOR, LLC
`
`
`
`
`APPLICANT.
`
`
`
`
`
`
`
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`EXHIBIT 1
`
`
`OPPOSITION NO. 91242068
`
`

`

`Secretary of State
`PO. Box 1369?
`Austin. TX 78711-3697
`FAX: 51214635709
`..
`Fling Fee= $300
`
`
`
`--
`
`Certificate of Formation
`Limited Liability Company
`
`Filed in the Office of the
`Secretary of State of Texas
`Filing #: 301473439 03:30:2011
`Document #: 386703120004
`Image Generated Electronically
`for Web Filing
`
`The filing entity being formed is a limited liability company. The name of the entity is:
`
`Article 1 - Entity Name and Type
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`NzuriI LLC
`
`137A. The initial registered agent is an organization (cannot be company named above) by the name of:
`
`Article 2 — Registered Agent and Registered Office
`
`Leslie Wm. Adams and Associates
`
`OR
`
`VB. The initial registered agent is an individual resident of the state whose name is set forth below:
`
`0. The business address of the registered agent and the registered office address is:
`Street Address:
`
`3900 Essex Lane Suite 1111 Houston TX 77027
`
`Consent of Registered Agent
`
`FA. A copy of the consent of registered agent is attached.
`OR
`
`173. The consent of the registered agent is maintained by the entity.
`
`Article 3 - Governing Authority
`
`FFA. The limited liability company is to be managed by managers.
`OR
`
`THE. The limited liability company will not have managers. Management of the company is reserved to the members.
`
`The names and addresses of the governing persons are set forth below:
`
`Manager 1: Leola Anifowoshe
`
`Title: Manager
`
`Address: 5923 Mettler Lane Richmond TX, USA 77469
`
`Article 4 - Purpose
`
`The purpose for which the company is organized is for the transaction of any and all lawful business for which limited
`liability companies may be organized under the Texas Business Organizations Code.
`
`Supplemental Provisions I Information
`
`

`

`To the fullest extent permitted by applicable law, no member, manager, officer
`or agent of the Company shall be personally liable for the debts, obligations or
`liabilities of the Company or its members, including liability under a
`judgment, decree or order of a court and except for an act or omission not in
`good faith or that involves intentional misconduct or knowing violation of the
`law; nor shall any Member, manager, officer or agent be liable to the Company
`for monetary damages for any act or omission in such person's capacity as a
`member, manager, officer or agent. In addition to the circumstances in which a
`Member or manager shall not be liable pursuant to the provisions of this
`Article, a member or manager shall not be liable to the fullest extent permitted
`by any provision of the statutes of Texas, as hereafter written, amended, or
`enacted, that further limits the liability of a member or manager. Any repeal
`or amendment of this Article, or the adoption of any other provision of this
`Certificate of Formation inconsistent with this Article, by the members or the
`managers of the Company shall be prospective only and shall not adversely affect
`any limitation on the personal liability of such person to the Company existing
`at the time of such repeal, amendment or adoption of an inconsistent provision.
`
`[The attached addendum. if any. is incorporated herein by reference]
`
`Organizer
`
`The name and address of the organizer are set forth below.
`Leslie Wm. Adams
`3900 Essex Lane Suite 1111 Houston, Texas 77027
`
`IVA. This document becomes effective when the document is filed by the secretary of state.
`0R
`
`Efiecflvenessomeng
`
`VB. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its
`signing. The delayed effective date is:
`
`Execution
`
`The undersigned affirms that the person designated as registered agent has consented to the appointment. The
`undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or
`fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of
`law governing the entity to execute the filing instrument.
`
`Leslie Wm. Adams, Attorney in Fact
`Signature of Organizer
`
`FILING OFFICE COPY
`
`

`

`[—000134977581
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`SECTION C Enter the information required for each corporation or LLC. if any, that owns an interest of 10 percent or more in this entity or limited
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`I'lexas 505 file number, ifanylPercentage ofownership I
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`TexasFranchiseTaxPublicInformationRepo F E EEi0%fl Alk
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`This report MUST be signed andfiledto satisfyfranchise tax requirements
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`officers. directors. or managers change throughout the year.
`SECTION it Name. title and mailing address of each ofi'lcer. director or manager.
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`1 0 0 0 O 0 0 0 0 0 0 0 8
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`for Sections A. B. and C. if necessa ry.‘l'he Information Iwill be available for. public inspection.
`I declare that the infon-natlon in this document and any attachments Is true and correct to the best of my knowledge and belief, as of the date below. and that a copy of this report has
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`To be filed by Corporations Limited liability Companies (“.0 and Financial i
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`SECTION A Name, title and mailing address of each officer, director or manager.
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`SECTION B Enter the information required for each corporation or LLC If any, in which this entity owns an Interest of 10 percent or more.
`Name of owned {subsidiary} corporation or limited liability company
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`Texas 505 file number. If any
`Percentage of ownership
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` Name of owned (subsidiary) corporation or limited liability company
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`SECTION C Enter the Information required for each corporation or LLC. if any, that owns an interest of 10 percent or more in this entity or limited
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`I declare that the infon-natlon in this dacument and any attachments is true and correct to the best of my knoMedge and belief as ofthe date below. and that a copy of this report has
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`been mailed toeachperson named inthis reportwhoIs an officer. directoror manager and whoIsnotcurrentlyremployed bythis.or a related.corporation or limited liabilitycompany.
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`Filing Number: 301473439
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`Name of owned (parent) corporation. LLC. LP PA or financial institution
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`Percentage of ownership
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`
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`PM“ I!!!I'd/I09" This report must he signed to satisfy franchise tax requirements.
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`Name of owned [subsidiary] corporation. Ll-C. LP, PA or financial limitation
`Texas SOS file number. ifany
`Percentage of ownership
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`
`Percentage oi ownership
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`Name of owned [parent] corporation. LLC. LP. PA or financial institution
`Texas 505 file number, ifany
`Percentage oi ownership
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`
`
`
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`
`I declare that the information in this document and any attachments is true and correct to the best oi my knowledge and belief. as ofthe date below. and that a copy ofthis report has
`been mailed to each person named in this report Iirirl'io is an officer. director. member. general partnoror manager and who is not currently employed by this or a related corporation.
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