Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1249114
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`Filing date:
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`11/20/2022
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding no.
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`91267229
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`Party
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`Correspondence
`address
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`Submission
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`Filer's name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`Plaintiff
`Advance Magazine Publishers Inc.
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`JORDAN A LAVINE
`FLASTER GREENBERG PC
`1835 MARKET STREET SUITE 1050
`PHILADELPHIA, PA 19103
`UNITED STATES
`Primary email: jordan.lavine@flastergreenberg.com
`Secondary email(s): krishna.jani@flastergreenberg.com,
`linda.ladzenski@flastergreenberg.com
`215-279-9389
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`Plaintiff's Notice of Reliance
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`Jordan LaVine
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`jordan.lavine@flastergreenberg.com
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`/Jordan LaVine/
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`11/20/2022
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`Opposer Seventh Notice of Reliance - 1 of 2 - 11.20.22.pdf(5578301 bytes )
`Opposer Seventh Notice of Reliance - 2 of 2 - 11.20.22.pdf(5959921 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Advance Magazine Publishers, Inc., :
`Opposer,
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`v.
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`Nitashia Johnson,
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`Applicant.
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`Opposition No. 91267229
`Application Serial No. 90094604
`Mark: THE SELF PUBLICATION
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`OPPOSER’S SEVENTH NOTICE OF RELIANCE
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`Pursuant to 37 C.F.R. §2.122(e), Opposer Advance Magazine Publishers, Inc. hereby gives
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`notice of its reliance upon the attached printouts of articles from the LexisNexis database. The 11
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`articles are representative articles published in The Los Angeles Times from June 15, 2003 to
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`December 11, 2018 in which Opposer’s SELF trademarks appear.
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`These articles are relevant to this opposition because they demonstrate that in the period of
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`time before the filing of Applicant’s application, Opposer’s SELF trademark has appeared in a
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`large number of articles referring to Opposer and its products in a wide range of news and media
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`outlets, including some of the most widely read U.S. newspapers and periodicals; i.e., newspapers
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`and periodicals that are read by the general public of the United States. These articles indicate that
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`in the period of time before the filing of Applicant’s application, public exposure to Opposer’s
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`SELF trademarks is widespread, that Opposer is a recognized leader in the fields of self-care and
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`health, particularly in the areas of fitness, food, love, lectures and events featuring fitness,
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`wellness, politics and culture, organizing and hosting of events for cultural purposes, arranging
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`and conducting educational conferences, organizing exhibitions for educational purposes in the
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`field of finances, investments, fitness, health, wellness, mind and body, and that Opposer’s mark
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`would have been familiar and well known to readers of those publications.
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`10244881 v1
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`Pursuant to 37 C.F.R. §2.122 (g), Opposer submits that these materials are relevant to the
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`following issues in this case: (1) Opposer’s strength and ownership of its trademarks; (2) the
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`similarity in appearance between Opposer’s marks and Applicant’s “THE SELF PUBLICATION”
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`mark; (3) the similarity of the goods and services offered under Opposer’s marks and Applicant’s
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`“THE SELF PUBLICATION” mark; (4) the fame of Opposer’s “SELF” mark; (5) the similarity
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`of trade channels between the goods offered under Applicant’s mark and the goods/services
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`offered under Opposer’s marks; (6) the similarity of customers for both parties with respect to the
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`goods and services offered under their respective marks; (7) the likelihood that Applicant’s mark
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`will cause confusion with Opposer’s marks; and (8) the likelihood that Applicant’s mark will dilute
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`Opposer’s famous marks.
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`Dated: November 20, 2022
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`10244881 v1
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`Respectfully submitted,
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`Jordan A. LaVine
`Eric R. Clendening
`Krishna A. Jani
`FLASTER/GREENBERG P.C.
`One Tower Bridge
`100 Front Street, Suite 100
`Conshohocken, PA 19428
`Tel: (215) 279-9389
` ATTORNEYS FOR OPPOSER
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`-2-
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Advance Magazine Publishers, Inc., :
`Opposer,
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`:
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`:
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`v.
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`Nitashia Johnson,
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`Applicant.
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`Opposition No. 91267229
`Application Serial No. 90094604
`Mark: THE SELF PUBLICATION
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`Certificate of Service
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`I hereby certify that the Seventh Notice of Reliance of Opposer Advance Magazine
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`Publishers, Inc. is being served by email on Applicant’s counsel on November 20, 2022, at the
`following e-mail addresses:
`
`Laura L. Chapman, Esq.
`Sheppard Mullin Richter & Hampton LLP
`4 Embarcadero Center 17th Floor
`San Francisco, CA 94111
`UNITED STATES
`lchapman@sheppardmullin.com, rlhudson@sheppardmullin.com,
`ipdocketingtm@sheppardmullin.com, shikim@sheppardmullin.com,
`laipdocketing@sheppardmullin.com, CWestmoreland@sheppardmullin.com
`
`
`Sincerely,
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`Eric Clendening
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`10244881 v1
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`@ LexisNexis
`
`User Name: krishna.Jani@flastergreenberg.com
`
`Date and Time: Thursday, November 17, 2022 11:31:00 PM EST
`Job Number: 184355637
`
`Documents(11)
`
`1._{ OUT AND ABOUT}SHOPPING PINK FOR THE CURE
`
`
`Client/Matter: A1092.A1092.0051
`
`Search Terms: (SELF and Magazine) and "SELF Magazine"
`Search Type: Terms and Connectors
`Narrowedby:
`
`Content Type
`News
`
`Narrowed by
`Sources: Los Angeles Times; Timeline: Nov 01, 2002 to
`Nov 17, 2022; Content Type: News
`
`2. MY TURN Know thy enemy: sugar
`Client/Matter: A1092.A1092.0051
`
`Search Terms: (SELF and Magazine) and "SELF Magazine"
`Search Type: Terms and Connectors
`Narrowedby:
`
`Content Type
`News
`
`Narrowed by
`Sources: Los Angeles Times; Timeline: Nov 01, 2002 to
`Nov 17, 2022; Content Type: News
`
`3. SUNDANCE FILM FESTIVAL Picking up loads of loot on a swag safari
`Client/Matter: A1092.A1092.0051
`
`Search Terms: (SELF and Magazine) and "SELF Magazine"
`Search Type: Terms and Connectors
`Narrowedby:
`
`Content Type
`News
`
`Narrowed by
`Sources: Los Angeles Times; Timeline: Nov 01, 2002 to
`Nov 17, 2022; Content Type: News
`
`4. STEVE HARVEY / ONLY IN L.A.It's a tough job, but someone has to drive the freeway pace car
`Client/Matter: A1092.A1092.0051
`
`Search Terms: (SELF and Magazine) and "SELF Magazine"
`Search Type: Terms and Connectors
`Narrowedby:
`
`Content Type
`News
`
`Narrowed by
`Sources: Los Angeles Times; Timeline: Nov 01, 2002 to
`Nov 17, 2022; Content Type: News
`
`@ LexisNexis! About LexisNexis | Privacy Policy | Terms & Conditions | Copyright © 2022 LexisNexis
`
`

`

`5._Grab that pastry Low-carb stores are struggling. Atkins dieters are mocked in ads. Has the protein craze run
`its course?
`
`Client/Matter: A1092.A1092.0051
`
`Search Terms: (SELF and Magazine) and "SELF Magazine"
`Search Type: Terms and Connectors
`Narrowedby:
`
`Content Type
`News
`
`Narrowed by
`Sources: Los Angeles Times; Timeline: Nov 01, 2002 to
`Nov 17, 2022; Content Type: News
`
`6._BUZZ CLUBS
`
`Client/Matter: A1092.A1092.0051
`
`Search Terms: (SELF and Magazine) and "SELF Magazine"
`Search Type: Terms and Connectors
`Narrowedby:
`
`Content Type
`News
`
`Narrowed by
`Sources: Los Angeles Times; Timeline: Nov 01, 2002 to
`Nov 17, 2022; Content Type: News
`
`7._Distractions at the gym can be a mixed bag The beat that keeps you going is masking your mind-body
`connection, experts say, and that's not always a goodthing.
`Client/Matter: A1092.A1092.0051
`
`Search Terms: (SELF and Magazine) and "SELF Magazine"
`Search Type: Terms and Connectors
`Narrowedby:
`
`Content Type
`News
`
`Narrowed by
`Sources: Los Angeles Times; Timeline: Nov 01, 2002 to
`Nov 17, 2022; Content Type: News
`
`8. FASHIONLingerie tones up
`Client/Matter: A1092.A1092.0051
`
`Search Terms: (SELF and Magazine) and "SELF Magazine"
`Search Type: Terms and Connectors
`Narrowedby:
`
`Content Type
`News
`
`Narrowed by
`Sources: Los Angeles Times; Timeline: Nov 01, 2002 to
`Nov 17, 2022; Content Type: News
`
`9. QUICK TAKESActress reveals second surgery
`Client/Matter: A1092.A1092.0051
`
`Search Terms: (SELF and Magazine) and "SELF Magazine"
`Search Type: Terms and Connectors
`Narrowedby:
`
`Content Type
`News
`
`Narrowed by
`Sources: Los Angeles Times; Timeline: Nov 01, 2002 to
`Nov 17, 2022; Content Type: News
`
`
`@ LexisNexis! About LexisNexis | Privacy Policy | Terms & Conditions | Copyright © 2022 LexisNexis
`
`

`

`10. Style & Culture STYLE Gidget gone global With surfer girls and guys recruited as models, Cindy Kauanui
`
`sold the world on the sun-kissed beach look.
`
`Client/Matter: A1092.A1092.0051
`
`Search Terms: (SELF and Magazine) and "SELF Magazine"
`Search Type: Terms and Connectors
`Narrowedby:
`
`Content Type
`News
`
`Narrowed by
`Sources: Los Angeles Times; Timeline: Nov 01, 2002 to
`Nov 17, 2022; Content Type: News
`
`11. Cover Story The Sweet Smell of Excess Aromatherapy Candles. Aromatherapy Spas. Aromatherapy Dish
`Soap. L.A.'s in the Middle of a Scent Revolution, But Is the "Ancient Art" at Its Core Simply the Art of
`Marketing?
`Client/Matter: A1092.A1092.0051
`
`Search Terms: (SELF and Magazine) and "SELF Magazine"
`Search Type: Terms and Connectors
`Narrowedby:
`
`Content Type
`News
`
`Narrowed by
`Sources: Los Angeles Times; Timeline: Nov 01, 2002 to
`Nov 17, 2022; Content Type: News
`
`
`
`@ LexisNexis! About LexisNexis | Privacy Policy | Terms & Conditions | Copyright © 2022 LexisNexis
`
`

`

`{ OUT AND ABOUT}; SHOPPING; PINK FOR THE CURE
`
`Los Angeles Times
`
`October 4, 2009 Sunday
`
`Home Edition
`
`Copyright 2009 Los Angeles Times All Rights Reserved
`
`Section: IMAGE; Features Desk; Part P; Part P; Pg. 4
`
`Length: 435 words
`
`Byline: Whitney Friedlander
`
`Body
`
`Happy National Breast Cancer Awareness Month!
`
`Wait, what? The Breast Cancer Research Foundation says that 192,370 new cases of invasive breast cancer are
`expected in womenin the United States by New Year's, and yet we should be in good spirits during October, when
`organizations struggle to raise awareness and fundsto battle the disease?
`
`Well, yes. Otherwise, the cancer wins. "[Women] should be celebrated as people work together to end this thing,"
`says "Dollhouse's" Eliza Dushku, who hosted the eighth annual Fashion for the Cure runway event, sponsored by
`the Los Angeles CountyAffiliate of Susan G. Komen for the Cure in late September.
`
`The event served as a lead-in of sorts to the 25th annual National Breast Cancer Awareness Month, which began
`Oct. 1. For the rest of the month, organizations dedicated to helping prevent and cure the diseasewill be going all
`out to raise awareness and funds. You're not imaginingit if you feel surroundedby pink.
`
`The annual observance was started in part by the American Academy of Family Physicians, pharmaceutical
`company AstraZeneca's HealthCare Foundation and nonprofit CancerCare Inc. Nonprofit Susan G. Komenfor the
`Cure linked breast cancer awarenessto the color pink in 1982, whenthe first Komen Racefor the Cure logo design
`was an abstract female runner outlined with a pink ribbon. The idea really took off in 1992 when, while working on
`Self magazine's second Breast Cancer Awareness Monthissue, editor in chief Alexandra Penneycreated a ribbon
`and worked with cosmetics companies such as Estee Lauderto distribute them in New York City stores.
`
`Over the years, all kinds of companies and products have jumped on the bandwagon, and this year you can buy
`anything from the mundane (a Swiffer) to the sublime (a Van Cleef & Arpels pendant) in pink, with part of the
`proceeds goingto fight the disease.
`
`But does buying pink really make a difference? To get an idea of the month's impact, consider that the nonprofit
`support organization Living Beyond Breast Cancer earnedathird of its annual budget through last October's events
`and product promotions.
`
`So this is a month when you can do good just by looking good. Buy any of the numerous beauty products, clothing
`and accessories whose proceeds are earmarked for a breast cancer organization and you're putting your shopping
`dollars to work.
`
`Go ahead and arguethatit's a gimmick or marketing strategy, but Dushku points out that every little bit of support
`helps.
`
`Fora list of some of the "pink" products you might add to your shoppinglist, go to latimes.com/pink.
`
`

`

`{ OUT AND ABOUT}; SHOPPING; PINK FOR THE CURE
`
`Page 2 of 2
`
`whitney. friedlander@latimes.com
`
`Graphic
`
`PHOTO: POLO RALPH LAUREN: Its Pink Ponyline raises money for care. PHOTOGRAPHER:Ralph Lauren
`PHOTO: GHD: Each $255 Pink Limited Edition box sale provides $15 to charity. PHOTOGRAPHER:ghd
`
`Load-Date: October 4, 2009
`
`End of Document
`
`

`

`MY TURN; Know thy enemy: sugar
`
`Los Angeles Times
`
`October 5, 2009 Monday
`
`Home Edition
`
`Copyright 2009 Los Angeles Times All Rights Reserved
`
`Section: HEALTH; Features Desk; Part E; Pg. 6
`
`Length: 449 words
`
`Byline: Kathy Price-Robinson
`
`Body
`
`One afternoon in 1978, when | was 24, | lay down in my apartment and decided to "face reality." It's a term | had
`just read in a Self magazine, and | decidedto giveit a shot.
`
`Here was myreality: | weighed 275 pounds, ate everything in sight, watched TV all day and all night, smoked
`cigarettes and other things, drank alcohol to excess and had a loop of negative thoughts, feelings and memories
`working through my brain and body.
`
`After the reality check, | decided | had two choices: endit all right there, or get up off the bed and figure out what
`was wrong with me.
`
`Slowly, over the years -- through therapy, support groups, making amends, helping others and seeking spirituality --
`| untangled the morassof negativity that had nearly destroyed me, and | have gone on to live a happy, sober and
`relatively thin life.
`
`| am a rare species: a compulsive overeater who is not on medications, has not had gastric bypass or other
`surgery, and has not gained the weight back.
`
`My secret? Thereis no secret.It's hard work, a lifelong commitmentto health.
`
`But here's something | figured out that | wish Oprah-of-the-ever-changing-weight would figure out:
`sugar and | cannot eat most carbohydrates.
`
`| cannot eat
`
`Just as consuming even a tiny amountof alcohol sets an alcoholic up for a bender, consuming sugar and starches
`sets people like me up for a binge. An alcoholic will never be able to consume alcohol. It's a physical sickness
`coupled with a mental obsession. Likewise,
`| will never be able to eat sugar. This is what many dieters | know can't
`accept, and | watch with sorrow astheyfall off the wagon again and again.
`
`| haven't got a chance. There is good
`| liken me eating sugar to me getting in the boxing ring with Mike Tyson.
`news, though. It starts with the understanding that for a sugar addict, when you eat sugar, you crave more. But
`when you abstain completely from sugar, the craving goes away within a few weeks, and it stays away -- unless
`you pick up again, and then the bone-crushing obsession is backin charge.
`
`Here's what | wish | could tell Oprah: Just because you reach a goal weight and look and feel gorgeous, that
`doesn't mean you can start eating like a normal person. You are probably not a normal person. Your body probably
`does not react like a normal person's to sugar and starches (and maybenot salt and fat either).
`
`

`

`MY TURN; Know thy enemy: sugar
`
`Page 2 of 2
`
`If people with 50 or 100 or more pounds to lose would understand the seriousnessof their condition, | think it would
`be liberating, not depressing.
`
`You can keep getting in the ring with Mike Tyson and you can keep getting knocked down. Or you can stop getting
`in the ring.
`
`Kathy Price-Robinsonis a freelance writer in New Orleans.
`
`kathyprice @aol.com
`
`Load-Date: October 5, 2009
`
`End of Document
`
`

`

`SUNDANCEFILM FESTIVAL;Picking up loads of loot on a swagsafari
`
`Los Angeles Times
`
`January 27, 2006 Friday
`
`Home Edition
`
`Copyright 2006 Los Angeles Times All Rights Reserved
`
`Section: CALENDAR; Calendar Desk;Part E; Pg. 1
`
`Length: 1138 words
`
`Byline: Chris Lee, Special to The Times
`
`Dateline: PARK CITY, Utah
`
`Body
`
`Unless you've been to Sundance, you're probably blissfully unaware that the real action at this indie festival has
`almost nothing to do with the movies.
`
`The passive act of watching a film in a darkened auditorium can't be called "action" (in any noncinematic sense of
`the word). And while closed-door bargaining sessions certainly result in big-ticket acquisitions -- such as Fox
`Searchlight's purchase of "Little Miss Sunshine" for a record $10.5 million --
`they usually take place in
`condominiums, tucked away from public view.
`
`There is no shortage of boisterous open-bar parties. But for the kind of kinetic hustle and flow that has come to
`characterize Sundance, swag suites are wherethe action -- and mostof the celebrities -- can be found.
`
`Sealed With A Gift. Stuff We Acquired Gratis. Stuff We All Get. The pursuit of swag -- as promotional gifts with
`some vague, synergistic branding tie-in to a media event have come to be known-- is a full-contact sport in
`Sundance. "I'm going on a swag hunt"is the refrain you hear again and again. Or as a headline in Park City's Park
`Record putit this week, "Main Street lookslike a ‘trade show."
`
`Swag lounges throughout town fete the famous, offering them spa treatments, designer booze and valuable
`goodies. Done correctly, almost any next-big-thing filmmaker, D-list celeb or one of their savvy hangers-on could
`easily pull in tens of thousands of dollars of luxury merchandise overthe festival's 10-day span.
`
`To get to the truth of the underground Sundance economy, an intrepid Times reporter -- a nobody among
`somebodies -- boldly attempted to discover how much swag one could collect in six hours spread out over two
`days. The yield: more than two dozen products and services with a monetary value of $11,326.89. At the conclusion
`of the experiment, everything was givento charity (or in some cases, eaten or drunk).
`
`The hunt begins
`
`the Philips Simplicity Lounge. Earlier this week, Chazz Palminteri, who appears in "A Guide to
`First stop:
`Recognizing Your Saints," in competition here, browsed among various baby monitors, flat-screen TVs and home
`defibrillator kits -- yes, the paddle contraption used to jump-start a faltering heart is "branding" at Sundance.
`
`The swag bag included a Norelco Bodygroom -- that is, a "manscaping" razor that effectively denuded a kiwifruit
`during a demonstration -- worth about $28, a Shoqbox portable MP3/WMAplayer/FM radio ($129.99) and an
`Aurelle LED candle ($19.95).
`
`

`

`SUNDANCEFILM FESTIVAL; Picking up loads of loot on a swagsafari
`
`Page 2 of 3
`
`Up the street,
`consumables.
`
`the Self Magazine Ultimate Luxury Lounge & Spa offered a baroque array of conspicuous
`
`Podfitness.com, a new companyselling downloadable exercise regimens from celebrity workout gurus, handed out
`a three-month subscription (value: $59.85). Pink, a subsidiary line of Victoria's Secret, threw in a pair of Bling PJ
`Lounger sweatpants with the brand's logo emblazoned across the derriere ($68). And Kroll Vodka served chilled
`cocktails (value: $16 each). Several publicists noted that Terrence Howard, a festival jury member, had been
`photographed as he downed one such drink at 10:30 a.m. (The actor also received a wireless PDA device from a
`company namedafter a fruit. It will go unnamed here after a publicist declined to aid a reporter's investigation.)
`
`Further downthe hall, up-and-coming active-wear company Five Four proffered a zippered sweatshirt ($86), So La
`Vie Skin/Hair System parceled out two bottles of hair/oody wash ($30 each) -- a fave swag item for Jennifer
`Aniston, the publicist said -- and nearby, Blue Marlin offered a Negro Leaguesreplica baseball cap ($35) and a T-
`shirt with the logo "Vito Corleone Loan Services" ($35). Aaron Eckhart, who appearsin the festival entry "Thank
`You for Smoking," had collected one earlier.
`
`According to Nekeda Newell Hall, director of entertainment marketing for Diesel Footwear, the upside of hosting a
`swag suite is that such gift-giving circumvents the need to advertise.
`
`"Our culture is driven by celebrity. Who's wearing what?" she explained from her station at the Fred Segal lounge.
`"When we cometo celebrities on their turf, that's effective brand exposure. What we can accomplish in three or four
`days here would normally take three or four months."
`
`And with that, she handed out a pair of Pony City Wings Low sneakers ($75).
`
`Across the room, the Frederick's of Hollywood booth gave away lacy unmentionables in crayon colors: two Brazilian
`Lace Cami & Boy Short sets (in black and blue, $34 each), and two Modal Chemises ($28 each) and three pairs of
`Cameron Lace Boy Shorts ($6 each).
`
`A publicist who asked not to be namedfor fear of running afoul of her boss explained one of the unwritten secrets of
`the swag suite.
`If the swag hunteris told that "inventory is running low" and the product will be shipped to them
`later, that should be translated as: "You are not famous enough, so don't hold your breath waiting for freebies."
`
`No such brushoff at the booth for Timberland -- a rugged outdoor brand whose presence at Sundance wasone of
`the few that made sense amid 5-foot-high snowdrifts. A publicist there offered a pair of Kelson waterproof "Chukka"
`boots ($120) and a pair of men's Yellow Boot gloves ($40), adding that Robert DowneyJr. (who also appears in "A
`Guide to Recognizing Your Saints") had recently walked off with a Timberland parka.
`
`Further up Main Street, Sundance's main tributary, the Loft, sponsored by T-Mobile, Klipsch and Hudson Fine
`Tailored Jeans, pulsed with electronic dance music. "American Pie's" Shannon Elizabeth perused a rackfilled with
`designer denim while 'N Sync's Lance Bass looked on (it was not immediately clear what either of them had to do
`with independentfilm or Sundance). Hudson's director of new market developing happily parted with a pair of men's
`220-D jeans ($150) and a pair of women's 170-SD jeans ($200).
`
`lounges at key locations and then musthire
`Companies scramble to find open retail space to set up gift
`transportation and product display services. "There was a lot of competition to get up here," said Hudson President
`Peter Kim. "And expensive. Minimum cost is $50,000 to secure the right spot."
`
`Around 5 p.m., most swag suites shut downfor the day. It was back at the Philips lounge, where press credentials
`were being handed out for other Sundance-related events, where a reporter scored perhaps the single most
`valuable piece of swag booty atthe festival.
`
`Inside a white faux-lacquered box the size of a large TV remote, a poker chip from the soon-to-open W Las Vegas
`Hotel, Casino and Residenceswith a face value of $10,000 lay in a velvet cushion.
`
`$10,000?!
`
`

`

`SUNDANCEFILM FESTIVAL; Picking up loads of loot on a swagsafari
`
`Page 3 of 3
`
`Turns out the chip was redeemableonly as a discount on the purchase of a $475,000 W condominium, the publicist
`explained apologetically.
`
`Theonly consolation was to open a $45 box of Godiva chocolates from the Self magazine luxury suite and indulge.
`
`Graphic
`
`PHOTO: WITH BAGS IN HAND: Actor David Krumholtz is seen outside the Ugg suite on Main Street in Park City,
`Utah. PHOTOGRAPHER: Al Seib Los Angeles Times
`
`Load-Date: January 27, 2006
`
`End of Document
`
`

`

`STEVE HARVEY/ONLY IN L.A.;It's a tough job, but someonehasto drive
`the freeway pace car
`
`Los Angeles Times
`
`December2, 2007 Sunday
`
`Home Edition
`
`Copyright 2007 Los Angeles Times All Rights Reserved
`
`Section: CALIFORNIA; Metro Desk; Part B; Pg. 6
`
`Length: 488 words
`
`Byline: STEVE HARVEY
`
`Body
`
`The instructors aren't the only funny folks at the California Comedy Traffic Schools. One attendee recounted how
`she was pulled over by a California Highway Patrol officer for going 80-plus on the freeway. She explained to the
`officer that she was "just going with the flow oftraffic." The officer pointed out that no one wasnearher. "Well," she
`responded, "someonehasto setthe flow."
`
`Mystery o' the Day
`
`My ex-colleague Rich Roberts spotted a punctuation mark in China that was trying to make somesort of dramatic
`point (see photo). It doesn't seem to go with the flow.
`
`It's the price tags, stupid!
`
`In a suburb of Sacramento, Steve Durgin of Woodland Hills saw a store that seemed to be saying its prices were
`ridiculous.I'll leave you to judge whether they were high or low. The idea of a merchant questioning his or her own
`intelligence brought to mind a furniture store that George Bethell found in Garden Grove several years ago (see
`photos). And old-timers will recall that Figueroa Street car dealer Earl "Madman" Muntz used to say of his coupes:
`"I'd give them away, but my wife won't let me. She says I'm crazy."
`
`Word imperfect
`
`In Canoga Park, Richard Shontz snapped an aerospace sign that should be grounded because of defective spelling
`(see photo).
`
`We're No. 100!
`
`Whenit comes to a place where women can be happy, Self magazine ranks L.A.-Long Beach last among 100
`areas in the nation. Long Beach Press-Telegram columnist Tim Grobaty noticed that Bakersfield, Stockton-Lodi,
`Riverside, San Bernardino and Gary, Ind., among others, were all rated more frolicsome. Criteria included the
`
`

`

`Page 2 of 2
`STEVE HARVEY/ ONLYIN _L.A.; It's a tough job, but someonehasto drive the freeway pace car
`
`numberof depression patients, suicide rates and opinions of healthcare professionals. (My opinion: Nevertrust a
`survey that doesn't use the input of bartenders and taxi drivers.)
`
`Anyway, Grobaty was so upset that he penned "The Long Beach Blues."
`
`All together now:
`
`I'm stuck with the Long Beach blues
`
`For a year or maybe two
`
`If things don't look up by then
`
`Might have to move to San Berdoo.
`
`Now for a guy with a case of the Santa Monica blues.. .
`
`A worker at an auto parts store had locked up for the night and was waiting inside for his ride when a man
`demanded that he open up andsell him a product called Fix-a-Flat. The worker refused, whereupon "the man
`launched a violent assault on the door," the Santa Monica Mirror reported. The angry fellow forced the door open,
`at which point the worker called police and the invaderfled. Officers arrested him a block away. He hadn't gone
`very far, what with thatflat tire and all.
`
`Miscellany
`
`One of the manyeffects of global warming that we should be awareof, points out Will Rogers of Burbank, is how
`some sayings are becoming outdated. For instance: "It'll be a cold day in hell when. .. ."
`
`Steve Harvey can be reached at (800) LATIMES, Ext. 77083, by fax at (213) 237-4712, by mail at Metro, L.A.
`Times, 202 W. 1st St., L.A. 90012, and by e-mail at steve.harvey@latimes.com
`
`Graphic
`
`it must be exciting, in a nonverbal sort of way. PHOTOGRAPHER:Rich Roberts PHOTO:
`PHOTO: Whatever it is,
`Stupidly high or stupidly low? Only investigative shoppers will know for sure. PHOTOGRAPHER:Steve Durgin
`PHOTO:
`At
`least
`it's
`catchier
`than
`Two Dummies With
`Low SelfEsteem Selling
`Furniture.
`PHOTOGRAPHER:George Bethell PHOTO: Rocketdyne finds a new way to ask the immortal question: Y.
`PHOTOGRAPHER: Richard Shonitz
`
`Load-Date: December 2, 2007
`
`End of Document
`
`

`

`Grab that pastry; Low-carb stores are struggling. Atkins dieters are mocked
`in ads. Has the protein craze run its course?
`
`Los Angeles Times
`
`August 25, 2004 Wednesday
`
`Home Edition
`
`Copyright 2004 Los Angeles Times All Rights Reserved
`
`Section: FOOD; Features Desk; Part F; Pg. 1
`
`Length: 1221 words
`
`Byline: Regina Schrambling, Special to The Times
`
`Body
`
`Up until about a month ago, Whist in Santa Monica offered what any reader of bestsellerlists would assume to be
`the ultimate temptation in carbohydrate-crazed times: a high-protein tasting menu. For $65, South Beachfollowers
`and Atkins adherents could start with a Caprese salad, move on to Alaskan halibut followed by a grilled steak, then
`finish off with the cheese du jour. Dread potatoes and rice and sugar were never mentioned.
`
`in the Hotel Viceroy, according to General Manager Vincent Piro.
`Today that menu is not to be had at Whist,
`Despite the Trebbiano balsamico, the three sea salts and all the farmers market flourishes, the heirloom tomatoes
`and pea tendrils and cremini mushrooms,patrons out for a selfindulgent mealjust didn't bite.
`
`And therein hangs a tale to gladden the heart of anyone who believes the most grating word in the English
`languageis one with four letters: carb. The only thing more annoyingis it making it plural and modifying it with "low"
`or "counting." Carb is trend-speak for sugar and starch, and it has been outshouting good sensein restaurants,
`fast-food chains, supermarket aisles and certainly on bestseller lists for longer than anyone who survived the fat-
`free frenzy that coincided with the expansion of American waistlines would have expected.
`
`These days carb is sounding more like a whisper. South Beach and Atkins diet manuals maystill sell like soy-
`powder hotcakes,but the vital signs are increasingly pointing toward a backlash againstall protein, all the time.
`
`Bucking the tide of low-carb beers and vodkas, Anheuser-Buschis running snide commercials mocking "Mr. Carb
`Fanatic," a character many of us know far too well. Lagunitas Brewing Company in Petaluma recently issued a
`special release of XS: "extra-special, high-carb, anti-Atkins, fat-free beer." Valentino's, a pizzeria in Long Beach, is
`hung with a banner reading "Carbo Load Special ... Spaghetti or Ravioli Plus Garlic Bread $5.99"to attract pizza
`lovers who knowit's nothing without the crust.
`In New York City, subway cars have been festooned with Grand
`Marnier ads asking: "Isn't there more to talk about than how many carbs you had today?" Citibank has banners up
`on streetlights in Manhattan touting the city's plethora of pizza joints and asking: "Low carbs? Fuhgeddaboutit."
`
`Personally, | know more than my share of serial dieters, and | can't remember the last time anyone at my table, at
`homeor in a restaurant, even mentioned the four-letter word. Bread, pasta and potatoes vanish from plates as
`quickly as salmon and beef. As onefriend who has been on andoff the Zone and every permutation of the protein
`diet since says: "My feeling about low-carbis thatit's good for people who wantto get fast results, but eventually
`everyonefalls off the wagon. It's like everything else about America: It can't be sustained."
`
`On Monday, investment advisor Gabriel Wisdom held forth on Marketplace on public radio on the surest sign a
`trend may have peaked: Stocks in companies hustling low-carbohydrate products are "showing a weakening
`pattern" while those selling breads and other Atkins-indicted foods have "started to show strength." Panera Bread, a
`
`

`

`Page 2 of 3
`Grab that pastry; Low-carb stores are struggling. Atkins dieters are mockedin ads. Hasthe protein craze run its
`course?
`
`prime example he cited, had a 31%increase in revenue in the second quarter of this year with a productline that
`could not be more carbohydrate-heavy. Coca-Cola's new C2 and Pepsi's Edge, by contrast, are low-carbohydrate
`drinks that are either "slow builders or closer to dead on arrival," he said.
`
`"There are signs of cracks that could possibly lead to collapse," Wisdom said in an a telephone interview, during
`which he just happened to mention that at age 54,he is still at his high school weight despite (or thanks to) never
`indulging in low-carb mania.
`
`Wisdom is in the investment prognostication business, but other analysts, as well as food companyofficials, have
`been noticing signs of carbohydrate burnout for some time. NPD Group in Port Washington, N.Y.,
`tracked
`carbohydrate consumption last spring and found that "virtually none of the 11,000 people we studied were cutting
`carbs to the degree that low-carb diets recommend." Of those who professed to be on the diets, only onein four
`was actually reducing carbohydratessignificantly, it said in a release in April.
`
`(The USDAis apparently still struggling over a revision of the food pyramid put into effect during the low-fat crusade
`in the 1990s, when carb had one moreletter: O, before -loading. For now, though, one recommendation holds on
`governmentwebsites: six to 11 servings of bread, cereal, rice and pasta daily.)
`
`The fad has peaked
`
`Kellogg's chief executive, Carlos Gutierrez, was widely quoted as admitting just a month ago that he thought the
`low-carb fad had peaked, even as the company's website was promoting Keebler "carb sensible" cookies. Brad
`Saltzman, who started what he hoped would be a national chain of low-carbohydrate Pure Foods stores, had to put
`on the brakes after opening exactly two,
`in Beverly Hills and Santa Monica, and both are struggling even after
`switching to less restrictive stock on their shelves, according to Forbes.com.
`
`But hope springs eternal, as Rodale Press' sales of 7.5 million copies of "The South Beach Diet" indicate. Weight
`Watchers announced this week that it has tweakedits diet pr