Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1164943
`10/11/2021
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Entity
`
`Address
`
`SHENZHENSHI YASHENGWEIGE TECHNOLOGY CO., LTD
`
`limited company (ltd.)
`
`Citizenship
`
`China
`
`301-308, B-1, BANTIAN HIGH-TECH PARKBEIE
`BANTIAN STREET, LONGGANG
`SHENZHEN, 518000
`CHINA
`
`Attorney informa-
`tion
`
`YAN GAO
`IPSPEEDY INTELLECTUAL PROPERTY INC
`10223 BROADWAY STREET
`SUITE P424
`PEARLAND, TX 77584
`UNITED STATES
`Primary Email: yangao@ipspeedy.com
`7138577112
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`90498631
`
`Publication date
`
`09/28/2021
`
`Opposition Filing
`Date
`
`Applicant
`
`10/11/2021
`
`Januskova, Jindriska
`SADOVA 133
`MECIN, 34012
`CZECH REPUBLIC
`
`Opposition Peri-
`od Ends
`
`10/28/2021
`
`Goods/Services Affected by Opposition
`
`Class 018. First Use: 2019/10/17 First Use In Commerce: 2019/10/17
`All goods and services in the class are opposed, namely: Pet clothing, namely, protective vinyl claw
`covers for cat's and dog's claws
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`5336676
`
`Registration Date
`
`11/14/2017
`
`Application Date
`
`09/21/2016
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`WILLBOND
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 026. First use: First Use: 2016/10/01 First Use In Commerce: 2016/10/01
`Sewing kits; Sewing kits comprised of needles, thimbles, scissors and thread,
`sold as a unit; Elastic ribbons; Elastic tape; Hair curlers, other than hand imple-
`ments; Non-electric hair curlers, otherthan hand implements; Buttons
`
`Attachments
`
`87177860#TMSN.png( bytes )
`Notice of Opposition_ D90498631.pdf(2530455 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Yan Gao/
`
`Yan Gao
`
`10/11/2021
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
` §
`
`
`
` §
`
`
`
`Opposition No.
`
`
`In the matter of Trademark Application Serial Number: 90498631
`
`For the Standard
`Mark:
`
`
`Filed: January 19th, 2021
`
`Published in the Official Gazette on: September 28th , 2021
`
`
`SHENZHENSHI YASHENGWEIGE
`TECHNOLOGY CO., LTD
`
`
`Opposer,
`
`V.
`
`WILLBOND
`
`
`
`
`
`
`
` §
`
` §
`
` §
`
`
`Januskova, Jindriska
`
`
`
` Applicant.
`
`
`
`
`
`
`
`
`
`Notice of Opposition
`
`SHENZHENSHI YASHENGWEIGE TECHNOLOGY CO., LTD ((cid:28705)Opposer(cid:28706)) is a Chinese limited
`
`company with its domicile address at 301-308, B-1, BANTIAN HIGH-TECH PARKBEIER ROAD,
`
`BANTIAN STREET, LONGGANG, SHENZHEN CHINA. Opposer believes that it will be damaged by
`
`the registration of the mark “WILLBOND” that is the subject of Application Serial No. 90498631, filed by
`
`Januskova, Jindriska (“Applicant”). As grounds for its opposition, it is alleged as follows:
`
`1. Opposer SHENZHENSHI YASHENGWEIGE TECHNOLOGY CO., LTD is the sole
`
`owner of the trademark consisting of the arbitrary designation “WILLBOND” under U.S. Registration No.
`
`5336676 (“OPPOSER’S MARK”), used by Opposer and under its direct supervision and control, in
`
`connection with :Sewing kits; Sewing kits comprised of needles, thimbles, scissors and thread, sold as a unit;
`
`Elastic ribbons; Elastic tape; Hair curlers, other than hand implements; Non-electric hair curlers, other
`
`than hand implements; Buttons in Class 26.
`
`
`
`1
`
`

`

`2. Beginning prior to October 17th, 2019 and Applicant’s claimed first use date in commerce
`
`in the U.S for it Trademark Application Serial No 90498631 and continuing thereafter without interruption
`
`or abandonment, Opposer has used, and/or supervised the use of, the said OPPOSER’S MARK in commerce
`
`with the United States for the goods in Class 26.
`
`3. Beginning prior to January 29th, 2021 and Applicant’s date of filing U.S Trademark
`
`Application Serial No 90498631 and continuing thereafter without interruption or abandonment, Opposer
`
`has used, and/or supervised the use of, the said OPPOSER’S MARK in commerce with the United States
`
`for the goods in Class 26. (See Exhibit A)
`
`4. Since 2016, Opposer, without interruption or abandonment, has used, and/or supervised
`
`the use of, the said OPPOSER’S MARK in commerce with the United States for the goods in Class 18. (See
`
`Exhibit B)
`
`5. Since 2016, Opposer, without interruption or abandonment, has used, and/or supervised
`
`the use of, the said OPPOSER’S MARK in commerce with the United States for the goods in Class 8. (See
`
`Exhibit C)
`
`6. Since 2016, Opposer, without interruption or abandonment, has used, and/or supervised
`
`the use of, the said OPPOSER’S MARK in commerce with the United States for the goods in Class 14. (See
`
`Exhibit D)
`
`7. Since 2016, Opposer, without interruption or abandonment, has used, and/or supervised
`
`the use of, the said OPPOSER’S MARK in commerce with the United States for the goods in Class 20. (See
`
`Exhibit E)
`
`8. Since 2016, Opposer, without interruption or abandonment, has used, and/or supervised
`
`the use of, the said OPPOSER’S MARK in commerce with the United States for the goods in Class 26. (See
`
`Exhibit F)
`
`9. As a result of all such use, and other activity of and with the said OPPOSER’S MARK,
`
`said OPPOSER’S MARK have become distinctive of the goods of Opposer.
`
`
`
`2
`
`

`

`10. As a result of all such use, and other activity of and with the said OPPOSER’S MARK,
`
`Opposer has developed substantial valuable goodwill and commercial reputation with respect to the said
`
`OPPSOER’S MARK, all of which goodwill and commercial reputation inures to the benefit of Opposer.
`
`11. On information and belief, Applicant Januskova, Jindriska is an individual from CZECH
`
`REPUBLIC with an address at Sadova 133 Mecin CZECH REPUBLIC 34012 as reflected in the records of
`
`the USPTO.
`
`12. On or about January 29th, 2021, Applicant filed U.S. Trademark Application Serial No
`
`90498631 for federal registration of the mark “WILLBOND” (“Applicant’s Mark”) for the goods listed
`
`citing first use in commerce on October 17, 2019. Applicant’s mark covers the following goods Pet clothing,
`
`namely, protective vinyl claw covers for cat's and dog's claws in Class 18.
`
`13. The said Applicant’s mark (“WILLBOND”) is the same as the said Opposer’s mark in
`
`appearance, sound, connotation and commercial impression.
`
`14. The said OPPOSER’S MARK are comprised of a distinctive, arbitrary term that is to be
`
`accorded the highest level of trademark protection regardless of the goods related thereto.
`
`15. The said Applicant’s mark is confusingly similar to the said OPPOSER’S AMRK as to
`
`create a likelihood of confusion.
`
`16. Opposer’s dates of first use in commerce of its said OPPOSER’S MARK predate
`
`Applicant’s date of first use of its said mark.
`
`17. Opposer has priority in time and right as to its said OPPOSER’S MARK, specifically
`
`priority over Applicant as to Applicant’s claim as to the said Applicant’s Mark.
`
`18. The said OPPOSER’S MARK and the said Applicant’s Mark are the same; the channels
`
`of trade employed by Opposer and Applicant are unrestricted. The only significant difference is that Opposer
`
`has used said OPPOSERS’ MARK for the goods in Class 18 since as early as 2016, which is significantly
`
`before Applicant filed its application on January 29th, 2021, to register the said Applicant’s Mark, alleging
`
`first use in commerce on October 17, 2019.
`
`
`
`3
`
`

`

`19. Upon information and belief, Applicant adopted its “WILLBOND” mark in bad faith, with
`
`full and/or constructive knowledge of the prior use of OPPOSER’S MARK, and with the intent to capitalize
`
`on the high recognition and broad appeal of OPPOSER’S MARK.
`
`20. Applicant submitted the specimen of use attached herewith as Exhibit G in support of its
`
`application. However, Applicant did not provide any specimen for pet clothing. Therefore, we have reason
`
`to believe that Applicant does not use the mark in commerce and in the goods as it claimed in its application.
`
`(See Exhibit G)
`
`21. Upon information and belief, Applicant’s filing was made in bad faith and constitutes false
`
`representation of fact.
`
`22. If Applicant is permitted to use and continue registration of the said Applicant’s Mark, any
`
`defect, objection or fault found with Applicant’s goods marketed under the said Applicant’s Mark would
`
`necessarily reflect upon and seriously injure the goodwill and commercial reputation which Opposer has
`
`established for its goods in conjunction with which the said OPPOER’S MARK are used.
`
`23. If Applicant is permitted to use and register the said Applicant’s Mark, confusion, mistake,
`
`and deception in trade resulting in damage and injury to Opposer likely would be caused.
`
`24. If Applicant is permitted to use and continue registration of the said Applicant’s Mark,
`
`Applicant would thereby maintain at least a prima facie exclusive right to the use of the said Applicant’s
`
`Mark. Such continuing registration would be a source of damage and injury to Opposer and would
`
`wrongfully and improperly hinder not only Opposer’s present use, but also Opposer’s rightful future use of
`
`the said OPPOSER’S MARK.
`
`25. Applicant is not the owner of the mark shown in the U.S Trademark Application Serial No
`
`90498631 because Opposer is the sole owner of the said OPPOSER’S MARK, and all variations thereof,
`
`and has granted no license, right, or title in the same to Applicant. Therefore, Applicant is not entitled to the
`
`registration or use of the said Applicant’s Mark because Opposer has prior and exclusive right to the
`
`registration and the exclusive use of the said OPPOSER’S MARK.
`
`
`
`4
`
`

`

`WHEREFORE, the Opposer, respectfully request that this Opposition be granted, and that the U.S
`
`Trademark Application Serial No 90498631 be denied registration.
`
`Date: October 10, 2021
`
`Respectfully Submitted,
`Ipspeedy Intellectual Property Inc
`
`By its Attorney,
`Yan Gao
`By:/Yan Gao/
`Yan Gao
`E-mail: yangao@ipspeedy.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5
`
`

`

`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the above document was sent to the Applicant on
`
`via email to the Applicant’s attorney on record:
`
`docket@jpglegal.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yan Gao
`/Yan Gao/
`Attorney at Ipspeedy Intellectual Property Inc.
`
`
`
`
`
`
`
`
`
`
`
`6
`
`

`

`EXHIBIT A
`
`Web: https://www.amazon.com/dp/B07Z8SHLGQ?ref=myi_title_dp
`Access date: 10/11/2021
`
`
`
`7
`
`

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`Product Description
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`WillBond
`
`Project
`Protect Skin
`fom Scratching==Funture
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`NO MORE CAT SCRATCHES
`Cover yourcat's nails
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`Product details
`Product Dimensions : 5.91 x 3.94 x 0.79 inches; 2.75 Ounces
`Date First Available : October 17, 2019
`Manufacturer : WILLBOND
`ASIN : BO7Z8SHLGQ
`Best Sellers Rank: #37,472 in Pet Supplies (See Top 100 in Pet Supplies)
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`Customer questions & answers
`
`|
`
`Have a question? Search for answers
`Question:
`How long do you let the glue dry before applying to the nail? The description is very vague.
`Answer:
`Hello. About one to two minutes. Thanks.
`By Quplet ‘seuter
`on May 30, 2020
`
`YE
`
`Question:
`Answer:
`
`Question:
`Answer:
`
`For how long can | leave them on my cat?
`As their nails grow, the nail caps will "grow" with them and eventually get clipped off or brokeoff.
`Then just start all over again.| love these!
`By stephany on June 15, 2020
`
`Would these fit a 9 week oid kitten who Is over 2 tbs?
`| had to cut minebacka little less than half way to fit my 3 monthold. They just did miss her
`cuticle
`By jessica on March 20, 2020
`See more answers (1)
`
`Question:
`Answer:
`
`My cat is about 13 lbs whatis the correct size of claw covers for him?
`Hello. Our claw cover is size M which can fit your 13 lbs cat.
`By Quplet seuer
`on August 7, 2020
`
`wes
`
`0
`veres
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`Customer reviews
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`Top reviews
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`7%
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`Top reviews from the United States
`hitps:/www.amazon.com/dp/BO7Z8SHLGQ?ref=myi_title_dp
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`Amazon.com : WILLBOND 200 Pieces 20 Color Cat Claw Caps Cats Paws Grooming Nail Claws Caps Covers Nail Claws with 1_..
`10/11/21, 8:06 AM
`How are ratings calculated?
`Amazon User829473
`Subtotal
`You will love these, too!
`ya
`Reviewed in the United States on May 11, 2020
`VerifiedPurchase
`| have been using these for over a year now. My boy, who is amazing btw, developed a
`terrible habit of scratching my new couch. He had never had this behavior in the past until |
`got another couch. | do not believe in declawing a cat, so | found other options. These are
`wonderful! He just lays there and let's me pop on the covers. He knows the routine now.
`These are awesome!
`7 people found this helpful
`Helpful
`Report abuse
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`Finagling needed but otherwise great
`Reviewed in the United States on February 24, 2020
`VerifiedPurchase
`My fiancé andIjust got ourfirst nice couch and we neededa solution to our cat clawing
`everything buther toys. | definitely recommend clipping the cats nails before putting these
`on, definitely wear gloves because | squeezed too hard and gotglue all over my hands (if
`this happens to you nail polish remover works wonders).
`My cat wasalittle uncomfortable atfirst but quickly got used to them
`6 people found this helpful
`Helpful
`Report abuse
`
`Me
`
`So excited! Got all 20 colors instead of random like othersets ive bought
`before! So happy
`Reviewed in the United States on August 26, 2020
`VerifiedPurchase
`l ordered another set that w as a little cheaper, and i was sent random colors. | was very
`disappointed, so i ordered this willbond caps. | was worried i was going to get random
`colors, but i didnt! | got all the colors and they sent 10, instead of 20 (like the one before) ,
`which I was very happy about because/will be using 10 for my girls only on their front
`paws.
`have twin cats who are both solid black, so i am going to use them to tell them apart. One
`gets only blue, and the other gets the other colors. I'm so excited to try these. | hope my
`girls ike them as much as i do!
`
`2 people found this helpful
`Helpful
`Report abuse
`
`Zack/ Holly Becker
`Surprised Me
`Reviewed in the United States on June 1, 2020
`Verified Purchase
`| was so surprised how weil these worked. My cats messed with them for a few moments
`then stopped. They stayed on well and myfurniture is thankful.
`5 people found this helpful
`
`Helpful
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`Report abuse
`
`Robertw
`Don't bother.
`Reviewed in the United States on September 7, 2020
`Verified Purchase
`Didn't seem to help a lot. The cats didn’t seem comfortable. Walked funny for quite a while
`while wearing them. Within days had gnawed them off. Will not be ordering again. Seems
`both ineffective and cruel
`
`https:/Awww.amazon.com/dp/BO7ZSSHLGQ?ref=myi_title_dp
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`6/10
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`10/11/21, 8:06 AM
`
`Amazon.com : WILLBOND200 Pieces 20 Color Cat Claw Caps Cats Paws Grooming Nail Claws Caps Covers Nail Claws with 1...
`2 people found this helpful
`
`$12.90
`
`Helpful
`
`Report abuse
`
`Daryl 8.
`
`A must have
`Reviewed in the United States on August 3, 2020
`Verified Purchase
`It’s so nice to not have the cat scratch the furniture. They fit great and he doesn't seem to
`mind having them on. When he runs around the house he makes sneaker skirt sounds on
`the tile, it’s so funny.
`2 people found this helpful
`
`Helpfut
`
`Report abuse
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`Destiny
`
`Don't waste your money
`Reviewed in the United States on July 20, 2021
`Verified Purchase
`Man... | wish this never made its way inte my cart... | got these because my cat keeps
`scratching my baby while attempting to play with her. They will stay on for about a day and
`they willfall off. They look very uncomfortable for my cat. One of them ended up in my
`babys mouth and she choked onit! Thank god | was there to get it out! Awful product...
`Helpful
`Report abuse
`
`Sarah LaDue
`Work well
`Reviewed in the United States on June 30, 2021
`Verified Purchase
`They work well but don’t stay on to long. | was replacing a few them every couple days but
`it was worth it whole my cats were smaller and scratching up all my furniture. They are
`better about the scratching now. | made sure to work on trying them to scratch only on their
`post.
`Helpful
`
`Report abuse
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`
`Markus
`
`Tierqualerei !!!
`Reviewed in Germany on March 25, 2020
`
`GréRte Tierqualerei was man kaufen kann...
`Leider war ich selbst so bléd und kaufte diesen schrott.
`Nun kampfe ich damit den dreck von den krallen meiner katze wieder abzubekommen da sie
`seither wie aufgescheucht umhertduft und standig an den pfoten knabbert.
`Kauft den scheiss blo& nicht !!!
`105 people foundthis heipful
`Report abuse
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`Translate review to English
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`Ciaran Tossnie
`DO NOT BUY
`Reviewed in the United Kingdom on September 16, 2020
`Verified Purchase
`AWFUL PRODUCT!!! DO NOTUSE THIS AT ALL!
`This cap will not come off and has caused an infection... The glue is not safe for cats at all
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`https//www.amazon.com/dp/BO7Z8SHLGQ?ref=myi_title_dp
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`7/10
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`10/11/21, 8:06 AM
`
`Amazon.com : WILLBOND 200 Pieces 20 Color Cat Claw Caps Cats Paws Grooming Nail Claws Caps Covers Nail Claws with 1...
`and the vets believe it has fuesed with the mailitself... PLEASE DO NOT BUY THIS AWFUL
`‘Subtotal
`$12.90
`
`PRODUCT
`
`20 people found this helpful
`Report abuse
`
`Adam Short
`
`Helpful for controlling scratching
`Reviewed In the United Kingdom on December 21, 2019
`Verlfied Purchase
`| bought these because | was at my wits end with a cat that wouldn't stop scratching the
`living hell out of herself. We'd been to the vet several times andit seemedlike we were
`stuck ina vicious cycle. The cat was stress-scratching so we put her in a cone, but that
`Stressed her out, so she wanted to scratch... These were the answer. She no longer needs to
`wear the cone because she can't damage herself scratching anymore. Her self-inflicted
`wounds and baid patches are healing and she is more herself. Hopefully these will give her
`‘the break she needs to get out of the cycle. | don't intend them to be a long-term solution.
`They took cute, but she's not a big fan. They don’t seem to impede her in any way, but she's
`aware they're not normal. I'd recommend them for this purpose, but | think they're a terrible
`idea as a fashion statement. If there's a clinical need to stop a cat scratching (itself or other
`things), these will do the trick, but they're not toys, and neither is your cat. So yeah, they're
`great for what | needed, but don't take this as an endorsement of accessorising your cat.
`16 people found this helpful
`Report abuse
`
`Amazon Customer
`DO NOT BUY THIS IS ANIMAL ABUSE
`Reviewed In the United Kingdom on September 25, 2020
`Verified Purchase
`DO NOT BUY: | bought these for my kitten thinking they were safe. The glueis toxic and it's
`super glue. | took my kitten to the vet and they were so shockedI felt completely
`embarrassed | wasn't aware it was basically animal abuse. They said they had not seen
`anything like this and it shouldn't be sold online let alone amazon.
`9 people found this helpful
`Report abuse
`
`Danielle
`
`Please do not buy
`Reviewed in the United Kingdom on December 11, 2020
`Verified Purchase
`Hi thanks for reading my review | recently purchased this product and instantly after
`applying nail cap to my cats claws she had an instant reaction resulting in the toe to become
`red. Her claws becameinflamed. Had to take the caps off which was not an easy task as the
`glue is strong really wouldn't recommendit to anyone after my personal experience with
`‘this product hope this helped.
`
`5 people found this helpful
`Report abuse
`
`See all reviews >
`
`htipsv/www.amazon.com/dp/BO7ZSSHLGO?ref=myi_title_dp
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`B10
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`10/11/21, 8:06 AM
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`Amazon.com : WILLBOND 200 Pieces 20 Color Cat Claw Caps Cats Paws Grooming Nail Claws Caps Covers Nail Claws with 1...
`
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`Amazon.com : WILLBOND 200 Pieces 20 Color Cat Claw Caps Cats Paws Grooming Nail Claws Caps Covers Nail Claws with 1_..
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`htipsviwww.amazon.com/dp/BO7TZBSHLGO?ref=myi_title_dp
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`C) order date
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`Order details
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`Image
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`Product name
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`Customer option
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`( 4years ago
`4/2/2017
`7:46 PM PDT
`
`113-2720730-4557027
`Buyer name:
`Marie
`Fulfillment method: Amazon
`Sales channel: Amazon.com
`Seller order ID: 113-2720730-4557027
`
`
`
`Willbond 9 Pieces Large Eye Blunt Sewing Second Day
`Needles with 60 Pieces Lock Markers and
`Cloth Tape Measure
`ASIN: BO6XKFT66G
`SKU: WB392
`Quantity: 1
`Item subtotal: US$7,99
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`Order Status
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`Payment complete
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`https://www.amazon.com/dp/B07HP1GGD5
`Access date: 10/10/2021
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`EXHIBIT B
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`Exhibit C
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`https://www.amazon.com/gp/product/B06XP9XYPW
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`https://www.amazon.com/gp/product/B06XY7RH46
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`EXHIBIT F
`https://www.amazon.com/gp/product/B06XKFT66G
`Access date: 10/10/2021
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`WILLBOND
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`Exhibit G
`Exhibit G
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`also 9eapplideto hing
`help reduce—«
`skin conditions due t
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`ST
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`scratching.
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