Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1156356
`
`Filing date:
`
`08/30/2021
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91266062
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Samil Ozavar
`
`SANDY LIPKIN
`LAW OFFICES OF SANDY LIPKIN
`P.O. BOX 3518
`VENTURA, CA 93006-3518
`UNITED STATES
`Primary Email: sandy@sandylipkin.com
`805-275-1861
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Answer
`
`Sandy lipkin
`
`sandy@sandylipkin.com
`
`/Sandy Lipkin/
`
`08/30/2021
`
`AmendedAnswerCleanNoExhibits.pdf(672148 bytes )
`ExhibitsABCD.pdf(1349023 bytes )
`ExhibitsIJKL.pdf(3968083 bytes )
`ExhibitsEF.pdf(969993 bytes )
`ExhibitG.pdf(5923744 bytes )
`AmendedAnswerTrackedChangesNoExhibits.pdf(741810 bytes )
`ExhibitH.pdf(160598 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91266062
`Serial No. 88781773
`
`) ) ) )
`
`) ) )
`
`) )
`
`Love You Foods, LLC,
`Opposer,
`
`VS.
`
`Samil Ozavar,
`
`Applicant,
`
`AMENDED ANSWER TO OPPOSITION
`
`Applicant Samil Ozavar for his Answer to the Opposition filed in
`
`this proceeding, by his attorneys, alleges as follows:
`
`1,
`
`Applicant seeks to register SMART FUEL in International Class
`
`© for Ketogenic dietary and nutritional supplements; Dietary
`
`
`
`and and_nutritionalnutritional supplements; Dietary
`
`
`
`
`
`supplements
`
`for
`
`endurance
`
`sports;
`
`Protein
`
`dietary
`
`supplements; Vitamin
`
`and mineral
`
`supplements; Weight
`
`management supplements.”
`
`2.
`
`Applicant
`
`filed his application on February 1, 2020 with
`
`assigned serial number 88/781,773, based on his bona fide
`
`intent to use the SMART FUEL mark in commerce.
`
`3,
`
`Applicant acknowledges that Opposer, Love You Foods, LLC, is
`
`a North Carolina limited lability company with a principal place
`
`of business at 1452 A Industry Drive, Burlington, North
`
`Carolina 27125.
`
`

`

`. Applicant acknowledges that Opposeris a health and nutrition
`
`company engaged in manufacturing, distribution, marketing
`
`and sale of snack bars, nut butters, cheese crisps, meat sticks,
`
`bone broth and MCT oil based on an internet search which
`
`leads to the searcher to the DROPANFBOMB.COM webpage.
`
`. Applicant has no information to
`
`agree
`
`that Opposer
`
`is
`
`prominent in the industry.
`
`. Applicant has no basis of information to acknowledge Opposer’s
`
`assertion of use of the mark FAT IS SMART FUEL by Opposer
`
`pre-dates the filing date of Applicant’s trademark application for
`
`SMART FUEL.
`
`. Applicant has no basis of information to acknowledge Opposer’s
`
`assertion that Opposer’s products bearing the FAT IS SMART
`
`FUEL mark has been continuously used in interstate commerce
`
`since at least as early as October 5, 2015 nor that they are
`
`distributed to leading food, drug, grocery, mass and specialty
`
`retailers throughout
`
`the world such as Walmart, CVS, The
`
`Vitamin Shoppe, HEB, GNC or Amazon.com.
`
`. Applicant has no basis of information to acknowledge Opposer’s
`
`assertion that Opposer’s products are advertised and promoted
`
`in the United States via social media, other online media as well
`
`as in traditional print publications and through endorsed
`
`athletes and influencers.
`
`

`

`9. Applicant acknowledges that Opposer is the owner of U.S.
`
`Registered Trademark No. 4,983,021 for
`
`the mark FAT IS
`
`SMART FUEL in Class 29 for “Edible Oils and edible fats; Edible
`
`oils and fats” and that the registration cites the first use of the
`
`mark in interstate commerce to be October 5, 2015.
`
`10. Applicant
`
`acknowledges
`
`that
`
`Opposer’s
`
`4,983,021
`
`registration date and cited date of first use pre-dates thefiling
`
`date of Applicant’s trademark application for SMART FUEL.
`
`ll. Applicant has no basis of
`
`information to acknowledge
`
`whether
`
`the consuming public and trade have
`
`come
`
`to
`
`recognize FAT IS SMART FUELas belonging to the Opposer or
`
`to associate and identify the goods offered under that trademark
`
`registration as belonging to Opposer and is therefore unable to
`
`acknowledge if goodwill exists from any recognition, association
`
`or identification by the consuming public andtrade.
`
`12.
`
`Applicant denies that the registered mark FAT IS SMART
`
`FUELis substantially similar to Applicant’s SMART FUEL mark
`
`simply because both marks contain the words SMART and
`
`FUEL. Applicant asserts that
`
`the word “FAT” dominates in
`
`Opposer’s mark over and above the rest of the words contained
`
`therein because it is the first word in the mark. Furthermore,
`
`since Opposer’s goods are for edible oils and fats,
`
`the
`
`connection between the word FAT and the goods is further
`
`

`

`evidenced. Furthermore, artwork using the mark found on
`
`Opposer’s website emphasize the word FAT over the rest of the
`
`mark through a different font size and color (See Exhibit A).
`
`13. Applicant disputes that the SMART FUEL Application goods
`
`are identical and/or similar to the goods in the FAT IS SMART
`
`FUELregistration. Applicant’s goods are supplements and are
`
`not edible oils or fats as are the goods in Opposer’s registration.
`
`Applicant’s goods are directed toward a ketogenic supplement
`
`but there is nothing in Opposer’s goods as outlined in the FAT
`
`IS SMART FUELregistration that are directed toward a specific
`
`ketogenic diet, but merely to edible oils and fats, which are
`
`suggested by the word FATS in the mark.
`
`14.
`
`SMART FUEL is not the dominant term in the FAT IS SMART
`
`FUEL mark precisely because the goods are for
`
`fats and
`
`because FATis the first word in the mark and as used the word
`
`FAT is separated from the rest of the words in the mark by font
`
`size and color.
`
`15.
`
` Applicant’s goods do not direct the consumeror trade to fats,
`
`oils or the word FAT, but are direct the consumer or trade to
`
`nutritional supplements.
`
`16. Applicant denies that his use and registration of the applied-
`
`for SMART FUEL mark is likely to cause confusion, mistake,
`
`and deception as to the source of Applicants’ goods within the
`
`

`

`meaning of 15 USC 1114 and 1125(a) because the marks are
`
`not substantially similar and the goods are not substantially
`
`similar.
`
`17.
`
`A registered trademark for
`
`stylized SMART FUEL No.
`
`2,264,046 is live and active and has been in use since March
`
`1997 according to the registration certification (Exhibit B). This
`
`registration is for goods in class 5 and are defined as “dietary
`
`supplements for high performance and use by athletes” which is
`
`the same category as Applicant’s goods.
`
`18.
`
`The prosecution history of U.S. Trademark Registration No.
`
`2,204,046 for the stylized SMART FUEL mark indicates that it
`
`has been registered since July 27, 1999 and is currently live,
`
`which means that the Opposer’s registration and the 2,264,046
`
`registration have coexisted in the marketplace since Opposer’s
`
`cited dates of first use (Exhibit C).
`
`19. Opposer’s application was allowed despite the presence of
`
`Registration No. 2,264,046 being live and in existence in the
`
`marketplace, indicating that no refusal based on a likelihood of
`
`confusion was found to disallow Opposer’s trademark by the
`
`Examining Attorney.
`
`20.
`
`Given that Applicant’s goods more closely resemble the
`
`goods
`
`in the 2,264,046 registration, yet no likelihood of
`
`confusion refusal was raised by the Examining Attorney while
`
`

`

`approving Opposer’s registration of 4,983,021, it is reasonable
`
`to conclude that no likelihood of confusion exists between the
`
`2,264,046 registration and Opposer’s mark nor between
`
`Opposer’s registration and Applicant’s mark.
`
`21. Applicant denies that his use and registration of the applied
`
`for SMART FUEL mark will injure and damage Opposer within
`
`the meaning of 15 USC 1063(a) precisely because there is no
`
`likelihood of confusion between the two marks.
`
`22. Applicant’s application should be allowed under 15 USC
`
`1052(d) because neither the applied-for mark nor the goods
`
`associated therewith resemble the mark previously used by
`
`Opposer and is not likely to cause confusion, mistake or to
`
`deceive.
`
`23. Applicant filed the application on February 1, 2020 with a
`
`bona fide intent to use the mark in commerce, which was his
`
`first step in executing his bona fide intent to use the mark in
`
`commerce.
`
`24.
`
`In February 2020, Applicant opened a Twitter page account
`
`for the product. (See Exhibit D).
`
`25. On February 14, 2020 Applicant opened a Facebook page for
`
`the product. (See Exhibit E).
`
`26. On or before July 12, 2020, Applicant communicated with
`
`Anabio Technologies,
`
`a
`
`supplier
`
`for microencapsulated
`
`

`

`ingredients for the SMART FUEL branded products. (See Exhibit
`
`F.).
`
`2/7. On or before July 22, 2020, Applicant communicated with a
`
`Costco broker regarding product development. (See Exhibit G.)
`
`28. On or before September 14, 2020, Applicant communicated
`
`with garryveda.com regardinglabels for the product design. (See
`
`Exhibit H.).
`
`29.
`
`On or before September 14, 2020, Applicant communicated
`
`with Cem Turnerfor alternative label designs. (See Exhibit I.).
`
`30. On or before September 22, 2020, Applicant communicated
`
`with SJ Printing regarding an alternative label design.
`
`(See
`
`Exhibit J).
`
`31. On or before September 23, 2020, Applicant communicated
`
`with and got a price quote from SJ Printing regarding the label
`
`design. (See Exhibit K.)
`
`32. One or before February 19, 2021, Applicant communicated
`
`with an ingredient supplier Enovate Biolife regarding other
`
`products where the SMART FUEL line of products was
`
`mentioned as something that had been discussed prior.
`
`(See
`
`Exhibit L.)
`
`33. Applicant’s process of seeking marketing and production
`
`materials promptly after
`
`filing of
`
`the intent
`
`to use patent
`
`

`

`application demonstrates his bona fide intent to use the mark
`
`in commerce.
`
`34. Applicant
`
`respectfully requests
`
`that
`
`the Opposition be
`
`dismissed and the registration of Application Serial
`
`No.
`
`88/781,773 be allowed.
`
`Dated: August 30, 2021, Ventura, California
`
`Respectfully submitted,
`
`
`
`Sandy Lipkin
`Law Offices of Sandy Lipkin
`P.O. Box 3518
`Ventura, CA 93006-3518
`
`Phone: 805-275-1861
`
`

`

`CERTIFICATE OF TRANSMISSION
`
`the foregoing AMENDED
`I hereby certify that ah copy of
`ANSWER TO OPPOSITION has been transmitted electronically
`to the USPTO on the date below:
`
`
` s
`Sandy Lipkin
`
`oxe
`.
`NAA dep
`
`CERTIFICATE OF SERVICES
`
`I hereby certify that a copy of the foregoing AMENDED ANSWER
`TO OPPOSITION has been served on Craig M., Spisier at Harris
`Beach PLLC by mailing said copy on
`__<)/ >
`cf , Via First
`Class Mail, postage prepaid to:
`
`.
`
`Craig M. Spieier
`Harris Beach PLLC
`333 Earle Ovington Blvd., Suite 901
`Uniondale, NY 11553
`
`
`
`
`
`‘Sandy Lipkin ©
`
`

`

`
`
`

`

`shit
`
`inesetRHEneste
`
`

`

`
`
`

`

`Int. Cl.: 5
`
`Prior U.S. Cls.: 6, 18, 44, 46, 51 and 52
`United States Patent and Trademark Office
`
`Reg. No. 2,264,046
`Registered July 27, 1999
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`
`
`COMMERCE
`IN
`3-0-1997,
`FIRST USE.
`INTERNATIONAL,
`BARIATRIX PRODUCTS
`INCORPORATED CORPORA.—3-0-1997.(CANADA
`
`
`TION)
`1600 46E AVENUE
`LACHINE, QUEBEC, CANADA H8T 339
`FOR: DIETARY SUPPLEMENTS FOR HIGH
`PERFORMANCE AND USE BY ATHLETES, IN
`CLASS 5
`(U.S. CLS. 6, 18 44, 46,
`SIL AND §2).
`
`SER. NO, 75-319,223, FILED 7-3-1997,
`
`CAROLINE WOOD, EXAMINING ATTORNEY
`
`

`

`
`
`

`

`Status Search SN 2264046
`12/15/2020
`
`
`
`For assistance with TSDR, email teas
`and a screenshot of any error messa
`
`
`
`STATUS
`
`DOCUMENTS
`
`MAINTENANCE
`
`
`
`Generated on: This page was generated by FSDR on 2020-42-15 44:49:38 EST
`Mark: SMART FUEL
`
`
`Application Filing Date:
`
`Regiatration Date:
`
` Cuve
`LIVE/REGISTRATION/ssue
`
`The
`mark applicalon nas
`
` reaisteras
`
`
`US Serial Number: 75319223
`US Registration Number: 2264046
`
`Register: Principal
`
`Mark Type: Trademark
`
`TM5 Common Status
`
`Descriptor:
`
`
`
`Status: The registration has been renewed,
`
`Status Date: Aug. 06, 2009
`
`Publication Date: Sep. 01, 1998
`
`uy
`gm
`they
`arg
`2
`A,
`Mark information.
`
`Mark Literal Elements: SMART FUEL
`
`Standard Character Claim: No
`
`Mark Drawing Type: 3-AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S|
`
`Design Search Code(s): 15.07.01 - Gears; Cog wheels
`26.01.02 - Plain single line circles: Circles, plain single line
`26.01.26 - Coils: Swirls: Spirals
`26.03.27 - Ovals that are completely or partially shaded
`OR
`28.03.28 - Oval shape (miscellaneous overall snape): Miscellaneous designs with averal!
`
`irregular ovals
`
`Goods and Servines
`
`Note:
`
`The following syrmbel 8
`
`Far. distary supplements for high performance and use byathletes
`
`international Class(es}: 005 - Primary Class
`
`
`httos://tsdr.uspto.gov/#caseNumber=2264046&caseSearchType=US_APPLICATION&caseType=DEFAU LT&searchType=statusSearch
`
`V3
`
`

`

`12/45/2020
`
`Status Search SN 2264046
`
`Class Status: ACTIVE
`
`Basis: (a)
`
`First Use: Mar. 1997
`
`33D3
`Basis Information (Case Lev Neca
`
`Filed Use: Yes
`Filed [TU: No
`
`Filed 44D: No
`Filed 44E: No
`Filed 668A: No
`Filed No Basis: No
`
`Current Owner(s) information
`
`Owner Name:
`
`1S! BRANDS INC,
`
`Use in Commerce: Mar.
`
`Currently Use: Yes
`
`Currently ITU: No
`Currently 646: No
`Currently 66a: No
`Currently No Basis: No
`
`Owner Address: 3133 ORHARD VISTA DRIVE, SE
`GRAND RAPIDS, MICHIGAN UNITED STATES 49456 |
`
`Legal Entity Type: CORPORATION
`
`otale or Country Where
` Organized:
`
`Attorney/Correspondence Information
`
`- Attorney of Record
`
`Attorney Name: Thomas L. Lockhart
`
`Attorney Primary Email
`Address:
`
`trademarks@varnumlaw.com
`
`_ Correspondent
`
`Correspondent Thomas L. Lockhart
`Name/Address: Varnum, Riddering, Schmidt & Howlett LLP
`333 Bridge Street, P.O. Box 352
`Grand Rapids, MICHIGAN UNITED STATES 49501
`
`Docket Number: cea T6E
`
`
`Attorney Email Authorized: Yas
`
`Phone: 616-336-6000
`
`Fax: 64
`
`
`
`Correspondent e-mail:
`
`trademarks@varnumlaw.com
`
`:
`
`Correspondent e-mail Yes
`Authorized:
`
`- Domestic Representative
`
`Domestic Representative Herbert L. Bello
`Name:
`
`Fax:
`
`(781) 235-6448
`
`Prosecution History
`
`Phone:
`
`(781) 235-445
`
`
`Date
`
`Description
`
`Proceeding Num
`
`hitps://tsdr.uspto.gov/#tcaseNumber=2264046 &caseSearchType=US_APPLICATION&caseType=DEFAU LT&searchType=statusSearch
`
`N ww
`
`

`

`12/15/2020
`
`“Mar. 27, 2019
`
`dul. 27, 2018
`“Mar. 18, 2015
`
`Feb. 04, 2015
`Aug. 06, 2009
`
`Aug, 06, 2009
`“Jul. 30, 2009
`
`Jul. 27, 2009
`“May 22, 2008
`
`“May 22, 2008
`“May 22, 2008
`Apr. 09, 2008
`Sep. 21, 2005
`
`Sep. 16, 2005
`“Jul, 28, 2005
`“Jul, 28, 2005
`“Jun. 28, 2005
`
`_dun. 28, 2005
`“Jun. 28, 2005
`“Jul. 14, 2000
`
`Jul. 27, 1999
`
`“Sep, 28, 1998
`“Sep. 04, 1998
`Jul. 31, 1998
`“Jun, 16, 1998
`“May 43, 1998
`
`Feb, 05, 1998
`Feb. 03, 1998
`
`Status Search SN 2264046
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`COURTESY REMINDER - SEC. 8 (10-YRYSEC. 9 E-MAILED
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`REGISTERED AND RENEWED (FIRST RENEWAL- 10 YRS)
`ior
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEG. 9 GRANTED
`
`ASSIGNED TO PARALEGAL
`
`TEAS SECTION 8 & 9 RECEIVED
`
`
`
`
`
`64504
`
`TTAB RELEASE CASE TO TRADEMARKS
`
`CANCELLATION TERMINATED NO. 999999
`
`CANCELLATION DENIED NO, 999999
`
`AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
`
`REGISTERED - SEC. 8 (6-YR} ACCEPTEI
`
`ASSIGNED TO PARALEGAL
`
`REGISTERED ~ SEC. 8 (6-YR) FILED
`
`PAPER RECEIVED
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`ATTORNEY/DOM.REP. REVOKED AND/OR APPOINTED
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOMREP RECEIVED
`
`CANCELLATION INSTITUTED NO. 989999
`
`39728
`
`REGISTERED-PRINCIPAL REGISTER
`
`EXTENSION OF TIME TO OPPOSE RECEIVED
`
`
`
`PUBLISHED FOR OPPOSITION
`
`NOTICE OF PUBLICATION
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`CORRESPONDENCE RECEIVED IN LAWOFFICE
`
`NON-FINAL ACTION MAILED
`
`ASSIGNED TO EXAMINER
`
`74309
`
`TM oo
`
`tall and Location information
`
`- TM Staff Information - None
`
`File Location
`
`Current Location: POST REGISTRATION
`
`Date in Location: Aug. 06, ;
`
`Assignment Abstract Of Title |
`
`
`Proceedings -
`
`lick to Load
`
`https://tsdr.uspto.gov/#caseNumber=2264046&caseSearchType=US_APPLICATION&caseType=DEFAU LT&searchType=statusSearch
`
`ww oO
`
`

`

`Exhibit LC
`
`

`

`8/26/2021
`
`Mail - sandy sandylipkin.com - Outlook
`
`Smart Fuel Twitter Account
`
`Samil Ozavar <samil@innovativefood.tech>
`Wed 8/25/2027
`1:07 PM
`
`To: sandy sandylipkin.com <sandy@sandylipkin.com>
`
`Dear Sandy,
`
`Here is a screen shot of the My Smart Fuel twitter account
`
`
`2 oo Pitoedwitterc
`
`
`
`GUBPPLEMe|ent racrs
`
`
`
`Edit profile
`
`4,
`
`>
`
`
`
`Home
`
`+: Explore
`
`L: Notifications
`
`© Messages
`
`(.) Bookmarks
`
`(=) Lists
`
`Best Regards,
`
`Samil Ozavar
`President
`innevative
`
`20F Commerce Way
`Totowa, NJ 07512
`Tel: (973)415-7679
`
`
`https://outlook.office.com/mail/inbox/id/AAQKAGNIZDNAMmZILWJkKZDgtNGl4My1hYTcOLTdkKMZU2YmNmNWExOAAQAANSzC%2FMVLEJgHSGdYLY...
`
`1/4
`
`

`

`Exhibit I
`
`

`

`8/26/2021
`
`Mail - sandy sandylipkin.com - Outlook
`
`Fwd: Label Review
`
`Samil Ozavar <sozavar@gmail.com>
`Wed 8/25/2021 12:20 8M
`
`To: sandy sandylipkin.com <sandy@sandylipkin.com>
`Sandy,
`
`Below are the alternative Smart Fuel Label designs made by Cem Turer by Turer Design.
`
`Best Regards,
`Sami
`
`woe nne nee Forwarded message ---------
`From: Cem Turer <cemturer@hotmail.com>
`Date: Mon, Sep 21, 2020 at 7:23 PM
`Subject: Re: Label Review
`To: Samil Ozavar <sozavar@gmail.com>
`
`https://outlook.office.com/mail/inbox/id/AAQkAGNIZDNhMmZiLWJkZDgtNGI4My1 hYTCOLTdkMZU2YmNmNWEXOAAQAFyL4%2FKR%2FKNBQH2rjGEj...
`
`1/3
`
`

`

`8/26/2021
`
`Mail - sandy sandylipkin.com - Outlook
`
`
`
`From: Cem Turer <cemturer@hotmail.com>
`Sent: Monday, September 21, 2020 2:17 PM
`To: Samil Ozavar <sozavar@gmail.com>
`Subject: Re: Label Review
`
`https://outlook.office.com/mail/inbox/id/AAQkAGNIZDNhMmZiLWJkZDgtNGI4My thYTcOLTd kMZU2Y¥mNmNWEXOAAQAFyL4%2FkKR%2FKNBGH2rj9Ej...
`
`2/3
`
`

`

`8/26/2021
`
`Mail - sandy sandylipkin.com - Outlook
`
`From: Samil Ozavar <sozavar@gmail.com>
`Sent: Monday, September 14, 2020 10:26 PM
`
`To: Cem Turer <cemturer@hotmail.com>
`Subject: Label Review
`
`Cem selam,
`
`Senin vaktin olmadigi icin mecburen Apple Cider Vinegar jar tasarimini 99desians'da yaptird
`
`tasarim var. Bir bakin feedback verebilir misin?
`
`Logo danil degil o nedenie pek bir logo calismasi olmadi.
`
`PS. Bu konu kesinitkle private kalmal, TesekkUrler
`
`https://outlook. office. com/mail/inbox/id/AAQkAGNIZDNhMmZiLWJkZDgtNGl4My1hYTcOLTd kKMZU2YmNmNWEXOAAQAFyl4%2FKR%2FKNBGH2rj9Ej...
`
`3/3
`
`

`

`Exhibit J
`
`

`

`8/26/2021
`
`Mail - sandy sandylipkin.cam - Outlook
`
`FW: Supplement Label
`
`Samil Ozavar <samil@innovativefood.tech>
`Wed 8/25/2021 12:03 PM
`
`To: sandy sandylipkin.com <sandy@sandylipkin.com>
`
`( attachments ( MB}
`
`smart fuel acv.png:
`
`From: Samil Ozavar <samil@innovativefood.tech>
`Date: Tuesday, September 22, 2020 at 2:42 PM
`To: <richm@sjprinting.com>
`Subject: Supplement Label
`
`Rich,
`
`It was nice talking to you today.
`
`Attachedis the png file of the supplement label I've mentioned. The vector files will be available
`tomorrow though we'll be making few changes Including the brand logo. Still it will be comparable to this.
`
`Initially we'll place an orderfor 2,500 jars to test the market and afterwards we'll be looking for higher
`numbers. Could you please advise what are your minimum for labels and provide a quote?
`
`Best
`
`Sami
`
`
`https://outlook.office.com/mail/inbox/id/AAQkAGNIZDNAMmZiLWJkZDgtNGl4My 1hYTcOLTdkMzU2YmNmNWExOAAQAF qJGAECNxxPiCQtKsIWHHY...
`
`1/4
`
`

`

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`
`

`

`Exhibit.
`
`

`

`8/26/2021
`
`Mail - sandy sandylipkin.com - Outlook
`
`FW: Supplement Label
`
`Samil Ozavar <samil@innovativefood.tech>
`
`Wed 8/25/2021 12:10 PM
`
`To: sandy sandylipkin.com <sandy@sandylipkin.com>
`
`()
`
`attachments (256 KB)
`
`33207 SMART FUEL.PDE;
`
`Sandy,
`
`Attached/belowis the quote | received for the Smart Fuel Supplement Labels. In a follow-up | will send
`my message to them containing the Smart Fuel artwork.
`
`Best Regards,
`
`Samil Ozavar
`
`President
`
`innevative
`
`FOOD TECHNOLOGIES
`
`20F Commerce Way
`Totowa, NJ 07512
`Tel: (973)415-7679
`
`From: Richard Mazzella <richm@sjprinting.com>
`Date: Wednesday, September 23, 2020 at 9:00 AM
`To: Samil Ozavar <samil@innovativefood.tech>
`Subject: RE: Supplement Label
`
`Hi Samil
`
`Please see attached. Note this is a large label and we put our closest die size on the quote.
`We need 1 week to get the exact die olus a few days more to print and roll.
`
`Look forward to working with you soon,
`Best,
`Rich
`
`From: Samil Ozavar [mailto:samil@innovativefood.tech|
`Sent: Tuesday, September 22, 2020 2:43 PM
`To: Richard Mazzella <richm@sjprinting.com>
`Subject: Supplement Label
`
`Rich,
`
`It was nice talking to you today.
`
`Attached is the png file of the supplementlabel I’ve mentioned. The vector files will be available
`tomorrow though we'll be making few changes including the brand logo. Still it will be comparable to this.
`
`https://outlook.affice.com/mail/inbox/id/AAQkAGNIZDNAMmZILWJKZDgtNGl4My 1hYTcOLTdkMzU2YmNmNWExOAAQAAUNJUKzyaBHnvxX5i1BCjMg...
`
`1/2
`
`

`

`Mail - sandy sandylipkin.com - Outlook
`8/26/2021
`Initially we'll place an orderfor 2,500jars to testthe marketand afterwards we'll be looking for higher
`numbers. Could you please advise what are your minimumfor labels and provide a quote?
`
`Best
`
`Samil
`
`https://outlook.office.com/mail/inbox/id/AAQkAGNIZDNhMmZiLWJkZDgtNGI4My thyTeOLTdkMzU2YmNmNWExOAAQAAJNJUkzyaBHnvxX5i1 BCjMg...
`
`2/2
`
`

`

`Shreeji Printing
`55 Veterans Blvd.
`Carlstadt, NJ 07072
`Tel: (201) 842-9500
`Fax: (201) 842-9502
`to,
`www.sjprinting.com
`
`Tue, Sep 22, 2020
`Date
`Estimate No.
`33207
`
`Account No.
`
`550
`
`PRICE QUOTE
`rseneencimenncepnsan
`Customer
`
`SHREE JI PRINTING CO
`
`In responseto your inquiry, we submit the following quotation:
`
`Application-
`
`4.5" x 11.875"---4C+LAM---SEMI GLOSS/PERM----
`SJ STOCK DIE: 4.5" X 9.5" AT NO CHARGE
`
`Product Size-
`
`4.5 X 11.875 Rectangle with 0.125 C. Radius
`
`Colors-
`Materials-
`
`4 Printed Colors of (CMYK + GLOSS LAM), U.V VARNISH
`Stock#38GB 2.9 WHITE PRIME PAPERS PS W/ALL TAMP Adhesive
`Stock#25 1 CLEAR OVERLAM FILM W/PERM Adhesive
`
`Finishing-
`
`1 Across, on a 3" Core.
`Finished in Rolls of 625,
`Labels Wound Out. Right side Off First.
`(3), 8.71" OD
`
`Non-Recurring Preparation Charges-
`$275.00 Tooling Charges
`
`$275.00 Total
`
`-
`Quantity
`PerM
`Total
`Grand Total
`
`2,500
`$320.76
`$801.90
`$1,076.90
`
`3,000
`$292.97
`$878.91
`$1,153.91
`
`4,000
`$258.78
`$1,035.12
`$1,310.12
`
`5,000
`$238.26
`$1,191.30
`$1,466.30
`
`7,500
`$211.20
`$1,584.00
`$1,859.00
`
`10,000
`$195.03
`$1,950.30
`$2,225.30
`
`All price are F.O.B carlstadt, NJ. Quotes are good for 30 days.
`All requests for press proofs will result in additonal charges.
`Weappreciate your request for a quote.
`
`Thank You,
`
`DILIP PATEL
`
`Sales Representative
`
`

`

`Exhibit L
`
`

`

`8/26/2021
`
`Mail - sandy sandylipkin.com - Outlook
`
`FW: Enovate ingredient portfolio
`
`Samil Ozavar <samil@drinksensbl.com>
`
`Wed 8
`LPM
`
`To: sandy sandylipkin.com <sandy@sandylipkin.com>
`
`
`4 attach:
`2
`fad,
`
`NPI-Rednite- Proven to Boost Endurance & Muscular Efficiencydf,
`
`Sandy,
`
`Please lookat the text from Prashant at Enovate Biolife — an ingredient supplier. They mentioned Smart Fuel brand in the
`wording as we have discussed the issue in detail for aur new brand for supplements.
`
`Best
`Samil
`
`From: Prashant <prashant@enovatebiolife.com>
`Date: Tuesday, February 9, 2021 at 6:09 AM
`To: ‘Samil Ozavar' <samil@drinksensbl.com>
`Subject: RE: Enovate ingredient portfolio
`
`Hi Samil,
`Hope you are well, we haven’t heard from you since some time.
`i was reaching out to share our latest Rednite whitepaper publi
`bished In NPL kindly revi
`
`your Smart fuel range of formulas? Do let me knowif you nee
`
`ingredient info or se
`cl
`AEE
`
`launches. Happyto assist.
`
` >
`Prashant
`
`f{
`
`i
`
`i
`
`i:;
`
`From: Prashant [mailto:prashant@ enovatebiolife.com]
`Sent: Wednesday, September 30, 2020 7:53 PM
`To: 'Samil Ozavar'
`
`Subject: RE: Enovate ingredient portfolio
`
`Thanks for your time today Samii, | amsharing ouringredient partfolic for your guic
`ingredients become relevant for your new product deve
`
`ropment & we can share furtt
`
`us posted, asso ne of these
`
`EYEE:
`BY}
`
`Best Regards,
`Prashant
`
`From: Samil Ozavar [mailto:samil@drinksensbl.com]
`Sent: 29 September 2020 19:20
`To: Prashant
`
`Subject: Re: Call request
`
`Hi Prashant,
`
`We can schedule it for Wednesday at 10:00am.
`
`Best Regards,
`“SENSBL
`
`ksersh Loan
`
`BAGS
`Sami Grawar
`
`by cor:
`
`' wore.drinksends
`chief Strate
`gy Officer
`DRINK SENSBLY © BE HEALTHY
`
`https://outlook.office.com/mail/inbox/id/AAQkAGNIZDNhMmZiLWJkZDgtNGl4My1 hYTCOLTGkMzU2YmNmNWExOAAQAJONeYjOUMBPINISUfPFWbIA%...
`
`1/9
`
`

`

`Exhibit
`
`

`

`8/26/2021
`
`Mail - sandy sandylipkin.com - Outlook
`
`Fw: Get the most out of your Page for My Smart Fuel
`
` Samil Ozavar <sozavar@gmail.com>
`24
`
`To: sandy sandylipkin.com <sandy@sandylipkin.com>
`Coe
`4
`Sandy,
`
`Belowis the message received from Facebook for creating the MY S
`
`is a screenshot,
`
`woe een Forwarded message ---------
`From: Facebook Business <advertise-noreply@support.facebook.com>
`Date: Fri, Feb 14, 2020 at 12:30 PM
`Subject: Get the most out of your Page for My Smart Fuel
`To: Samil Ozavar <sozavar@gmail.com>
`
`httpsoutlook. office.com/mail/inbox/id/AAQkKAGNIZDNHMmZiLW4J kKZDgiNGl4My 1hYTcOLTdkKMzU2Y¥mNmNWExOAAQAACr8smk9YNPtwv1 zyANl2g%...
`
`1/3
`
`ue Neader
`
`

`

`8/26/2021
`
`Mail - sandy sandylipkin.com - Outlook
`
`®
`
`Congratulations on creating a Page for
`art Fuel
`
`You've joined the milllons of businesses, communities and
`
`organizations that use ato cannect and commu
` r Page by csompleting
`
`
`
`3 & x3 sD
`
`Adc a Page description
`
` ieis about.Yourdesorption
`
`S$ whean people lo
`
`our
`
`
`
`Add a profile picture and cover photo
`
`Choosephotos that best represent My Smart Fuel. Logos
`make great profile ¢prvtes5 because they help peopleidentify
`your Pageeasily. Pages with cover photos tend ta get more
`
`Hkes and visits,
`
`
`
`https://outlook. office.com/mail/inbox/id/AAQKAGNIZDNAMmZiILWJKZDgINGI4My 1hYTCOLTdkMzU2YmNMmNWExOAAQAACr8smk9YNPtwv1 ZyANI2Z9%...
`
`

`

`8/26/2021
`
`Mail - sandy sandylipkin.com - Outlook
`
`
`
`
`
`iDnord Tt “
`
`md <a pronto @ a © CC ~— smceiiy=.
`
`cad
`
`foo © ~~ &D your Page
`
`
`
`Siart buliding your community. When people|i
`its
`ar
`for others5to discoverit and see yoltr posts.
`
`
`
`Ready to get started?
`
`
`This emall was sent to sozavar@ameill.com. You can unsi
`
`eacebook, Inc.. Attention: Community Support,
`
`1 Facebook Way, Menlo Park,
`
`Ben
`rootel
`
`https://outlook.office.com/mail/inbox/id/AAQkAGNIZDNhMmZiLWJkZDgtNGl4 My 1hYTCOLTdkMzU2YmNmNWEXOAAQAACr8smkOYN PtwvtzyAN|2q%...
`
`3/3
`
`

`

`Exhibit F
`
`

`

`8/26/2024
`
`Mail - sandy sandylipkin.com - Outlook
`
`FW: Costco Business & Select Customers/Ingredients
`
`Samil Ozavar <samil@innovativefood.tech>
`
`AYER PER
`VA,
`o4 4e
`
`To. sandy sandylipkin.com <sandy@sandylipkin.com>
`Sandy,
`
`Belowis my correspondencewith Jens Bleiel from Anabio Technologies that provides
`microencapsulated ingredients regarding out intention to use their ingredients in our Smart Fuel branded
`products.
`
`Best Regards,
`
`Samil Ozavar
`
`President
`
`INnNeEvative
`
`FOOD TECHNOLOGIES
`
`20F Commerce Way
`Totowa, NJ 07512
`Tel: (973)415-7679
`
`From: Samil Ozavar <samil@innovativefood.tech>
`Date: Thursday, July 23, 2020 at 6:45 AM
`To: Jens Bleiel <jens.bleiel@anabio.je>
`Cc: "Sinéad Bleiel BSc., MSc." <sinead.bleiel@anabio.ie>, Aidan Fitzsimons
`<aidan.fitzsimons@anabio.ie>
`Subject: Re: Costco Business & Select Customers/ingredients
`
`Dear Jens,
`
`Per our previous conversations, i’d like to provide an updated version on issuesI'd like to discuss over
`the phone that should also establish a basis for a potential agreement. Here are the key points:
`
`Rather than a shotgun approach, my preference would be to focus on select high volume customers,
`develop conceptual products and solutions and become their preferred vendors. As part of the strategy
`where I'll be putting a lot of efforts on generating business, I'd be willing to have customer specifics
`exclusivity agreements. | will be offering an ever-updatedlist of target customers and we will consider
`them in the exclusivity category once mutually agreed targets are identified. | will provide key points ina
`separate section of the exclusivity agreement but below are the updates on the individual customers.
`
`We've received a pretty encouraging feedback from Costco. In order to consider an expansion to a
`company their mega-volume Kirkland Signature brand, they'd like to see the performance of a select
`RTD beverage and potentially a nutritional powder mix where the encapsulated products are used.
`Costco requested a quote from us for the Immune Booster RTD Beverage concept and a Plant Protein
`Mix. They will review the quote and samples and if approved we will launch them in Q4 2020. The sales
`performance of these items at Costco hopefully will transition them and/or others to Kirkland Signature.
`The Immune Booster will contain encapsulated probiotics, vitamins and elderberry extract. Plant Protein
`
`https outlook. office.com/mail/inbox/id/AAQKAGNIZDNAMmZiLWJkZDgtNGI4My1 HYTcOLTdkKMzU2YmNmNWEXOAAQANZigxSbay1MolsVsrwMV8Y%...
`
`1/4
`
`

`

`Mail - sandy sandytipkin.com - Outlook
`8/26/2021
`Mix will contain plant proteins, vitamins, probiotics and plant extracts. | will share/discuss technical
`details of both with Sinead to optimize the formulation.
`
`Trader Joe's will be another high potential target. The first product concept of an enhanced powder mix
`containing probiotics and vitamins were submitted and initial review will be held today. In intend to
`expand the applications/products to other categories. May have an early feedback soon.
`
`JJM Packaging
`| will be collaborating a packaging company that also have an integrated coffee business undertheir
`sister Regal Commodities company. Through them | will be reaching out some Multi Level Marketing
`companies such as It Works! Marketing to offer dietary supplements with active ingredients. The first
`product concepts contains Apple Cider Vinegar, Probiotics and Multivitamins.
`
`In addition to developing solutions/productsto its customers, we intend to launch our own branded
`consumer products. The veryfirst one is "Smart Fuel” that is intended to be mostly Keto focused
`products. As you knowl’ve already placed an order for Apple Cider Vinegar, Beta Hydroxy Butyrate -
`BHB- and Butyric Acid -BA-. While we've approved the Apple Cider Vinegar -ACV- , we are not at the
`desired situation with BHB and BA. Out of the 2 BHB samples the first one is almost impossible to
`disperse and had zero impact on my and Sibel’s blood Keto values even at dosages as high as 20g per
`serving. The second BHB samples had a veryoffensive taste and caused significant diarrhea at both
`20g and 10g dosages. 10g dosage increased the blood ketone at a modest 0.4 mmol/l. The BA did not
`have impact on blood ketones at 6g dosage. As to my knowledge, ACV is manufactured and ready to
`ship. I've formulated a combination Ketogenic product that contained all 3 yet I've doubts we may have
`an acceptable BHB and BA ready in time as | intend to introduce them to the market by Q4. | know that
`both BHB and BA are challenging ingredients yet we need to determine the best route on both. Either
`we need to dramatically speed up the development work wherethe potential
`taste/dispersibility/absorption/efficacy will be addressedif you are confident they can be solvedor |
`should reformulate my products and launch them focusing on ACV and perhaps sore other
`formulations. | do not want to delay my branded product launch, and while | have high hopes on BHB
`and BA, if a practical solution is not doable for a potential Q4 launch we should determine the best route
`forward. | will be seeking several other encapsulated ingredients from Anabio while expanding the Smart
`Fuel line down the road.
`
`Encapsulation IntegrityIssues with Minerals and Psyllium Husk
`Previously I’ve shared images/videos and feedback regarding the Encapsulated Minerals and Psyllium
`Husk we've purchased last December. Later I’ve also send samples of the actual products for testing. |
`strongly believed that the integrity of the encapsulations are compromised over time. Once | have your
`feedback following your laboratory analysis we need to determine 2 issues. What we should do with the
`existing material? How can we ensurethat