Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1195369
`03/08/2022
`
`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
`
`Attorney informa-
`tion
`
`Pure Proactive Health Inc.
`
`Corporation
`
`Citizenship
`
`Delaware
`
`1 GLENWOOD AVENUE #5
`RALEIGH, NC 27603
`UNITED STATES
`
`DEBORAH A. GUBERNICK
`SNELL & WILMER L.L.P
`600 ANTON BOULEVARD, SUITE 1400
`COSTA MESA, CA 92626
`UNITED STATES
`Primary email: ipocdocket@swlaw.com
`Secondary email(s): dgubernick@swlaw.com, memeterio@swlaw.com
`714-427-7000
`
`Docket no.
`
`86235.00007
`
`Applicant information
`
`Application no.
`
`90394086
`
`Opposition filing
`date
`
`Applicant
`
`03/08/2022
`
`BETR REMEDIES, LLC
`730 ARIZONA AVE.
`SANTA MONICA, CA 90401
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`02/08/2022
`
`Opposition period
`ends
`
`03/10/2022
`
`Class 005. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Antihistamines; Antihistamine block-
`ers;Non-sedating antihistamines; Intra-nasal steroids; bronchodilators; Steroids; Laxatives; Probiot-
`ics; Acid reducer; Antacid; Caffeine; Caffeine preparations forstimulative use; Highly caffeinated en-
`ergy pills; Caffeine preparation for stimulative use in the form of chewing gum; H2 blocker; Proton
`pump inhibitor; Diphenhydramine; Doxylamine; Melatonin; Nicotine gum for use as an aid to stop
`smoking; Nicotine patches for use as aids to stop smoking; Nicotine for nicotine replacement therapy;
`Smoking cessation preparations; Oral spray for cessation of smoking; Transdermal patches featuring
`smoking cessation preparations; Therapeutic preparations for treating muscle soreness; Topical pain
`relief products; Medicaments for promoting recovery from tendon and muscle injuries and disorders
`and sports related injuries Multipurpose medicated antibiotic cream, analgesic balm andmentholated
`salve; Analgesic and musclerelaxant pharmaceutical preparations; Topical analgesic creams; Anal-
`gesic balm;Analgesic preparations; Topical analgesics; Antipyretic analgesics; Anal-
`gesics;Anti-inflammatory salves; Anti-inflammatory gels; Homeopathic anti-inflammatoryointment;
`Anti-inflammatory and antipyretic preparations; Anti-inflammatory ointments; Anti-inflammatories;
`Anti-inflammatory sprays; Sports cream for relief of pain; Ibuprofen for use as an oral analgesic;
`
`

`

`Pharmaceutical preparations, namely, an analgesic for human consumption taken orally; Oral anal-
`gesics; Cough pastilles for medical use; Non-medicated topical gel for the prevention and treatment
`of cold and flu; Pharmaceutical antitussive-cold preparations; Preparations for treating colds; Anti-
`cough drop; Cough treatment preparations; Cough syrups; Cough lozenges; Cough expectorants;
`Cough drops; Medicines, remedies and preparations, namely, antitussive cold preparations, prepara-
`tions for treating colds, cough treatment preparations in the nature of cough suppressants, cough syr-
`ups; cold capsules; flu medicine; day and night cold medicine; pain relievers, namely,aspirin and non-
`aspirin; sore throat lozenges; external medication for the relief of cold symptoms; pain relief medica-
`tion; Acetaminophen for relief of pain; Throat powder for the relief of sore throat pain; Preparation for
`the relief of pain
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`5971673
`
`Register
`
`Principal
`
`Registration date
`
`01/28/2020
`
`Word mark
`
`Design mark
`
`BETR THERAPEUTICS
`
`Application date
`
`06/21/2019
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Jun 21, 2019 First Use In Commerce: Jun 21,
`2019
`Downloadable computer software for providing health and wellness coaching
`
`U.S. registration
`no.
`
`5108062
`
`Register
`
`Principal
`
`Registration date
`
`12/27/2016
`
`Word mark
`
`BETR
`
`Application date
`
`02/05/2016
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 044. First use: First Use: Feb 5, 2016 First Use In Commerce: Feb 5,
`2016
`Medical and wellness services, namely, providing weight loss program services
`
`U.S. registration
`no.
`
`5233391
`
`Register
`
`Principal
`
`Registration date
`
`06/27/2017
`
`Word mark
`
`Design mark
`
`BETR
`
`Application date
`
`12/30/2015
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`U.S. application
`no.
`
`NONE
`
`Class 009. First use: First Use: Feb 5, 2016 First Use In Commerce: Feb 5,
`2016
`Computer software for providing health and wellness coaching
`
`97089442
`
`Application date
`
`10/23/2021
`
`Registration date
`
`NONE
`
`Word mark
`
`BETR
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Feb 5, 2016 First Use In Commerce: Feb 5,
`2016
`Dietary supplements; Nutritional supplements; Prebiotic supplements; Probiotic
`supplements; Vitamin supplements
`
`U.S. application
`no.
`
`97089448
`
`Application date
`
`10/23/2021
`
`Registration date
`
`NONE
`
`Word mark
`
`Design mark
`
`BETR
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 043. First use: First Use: Jun 1, 2020 First Use In Commerce: Jun 1, 2020
`Food preparation services featuring fresh, properly proportioned, healthy meals-
`designed to fuel metabolism and burn fat and made to order for delivery or
`pickup
`
`U.S. application
`no.
`
`97087805
`
`Application date
`
`10/22/2021
`
`Registration date
`
`NONE
`
`Word mark
`
`BETR
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: None First Use In Commerce: None
`Fitness equipment, namely, scales and personal weighing scales; Multifunc-
`tionalelectronic devices for displaying, measuring, and uploading to the Internet
`information including time, distance, stepstaken, activity level, calories
`burned,hours slept, water intake, and quality of sleep
`
`U.S. application
`no.
`
`97087793
`
`Application date
`
`10/22/2021
`
`Registration date
`
`NONE
`
`Word mark
`
`Design mark
`
`BETR
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 038. First use: First Use: None First Use In Commerce: None
`Streaming of audio and video materials on the Internet featuring physical fitness
`and yoga classes, training, and instruction
`
`Related proceed-
`ings
`
`92077880
`
`Attachments
`
`88483952#TMSN.png( bytes )
`86899352#TMSN.png( bytes )
`86861740#TMSN.png( bytes )
`97089442#TMSN.png( bytes )
`97089448#TMSN.png( bytes )
`97087805#TMSN.png( bytes )
`97087793#TMSN.png( bytes )
`Notice of Opposition - BETR Stylized 90394086.pdf(2208634 bytes )
`
`Signature
`
`/dag/
`
`

`

`Name
`
`Date
`
`Deborah A. Gubernick
`
`03/08/2022
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
` 86235.00007
`
` Opposition No. _________
`
` Application No. 90/394,086
`
` Published: February 8, 2022
`
` Mark: BETR
`
` Class: 5
`
`
`
`
`
`
`
`
`Pure Proactive Health Inc.
`
`Opposer,
`
`
`
`
`
`
`
`v.
`
`Betr Remedies, LLC
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`Opposer, Pure Proactive Health Inc., is a Delaware corporation with an address at 1
`
`Glenwood Avenue #5, Raleigh, NC 27603 (“Opposer”). Applicant is Betr Remedies, LLC, a
`
`Delaware limited liability company with an address of record at 730 Arizona Ave., Santa Monica,
`
`CA 90401 (“Applicant”). Opposer believes that it will be damaged by registration of the mark
`
`shown in U.S. Application No. 90/394,086 for the mark BETR (Stylized) (“Applicant’s Mark”).
`
`Opposer hereby files this Notice of Opposition pursuant to Section 13 of the Lanham Act (15
`
`U.S.C. § 1063). As grounds for Opposition, Opposer alleges as follows:
`
`1.
`
`Opposer is the owner of the following U.S. trademark applications and registrations
`
`for BETR and BETR-formative marks shown below:
`
`Mark
`
`Status
`
`Filing Date /
`
`Application No. /
`
`Registration Date
`
`Registration Number
`
`BETR THERAPEUTICS Registered
`
`88483952 /
`
`5971673
`
`1
`
`
`4891-9456-2066.1
`
`
`06/21/2019 /
`
`01/28/2020
`
`

`

`Mark
`
`Status
`
`Filing Date /
`
`Application No. /
`
`Registration Date
`
`Registration Number
`
`BETR
`
`BETR
`
`BETR
`
`BETR
`
`BETR
`
`BETR
`
`
`
`Registered
`
`86899352 /
`
`5108062
`
`Registered
`
`86861740 /
`
`5233391
`
`Pending
`
`97089442
`
`Pending
`
`97089448
`
`Pending
`
`97087805
`
`Pending
`
`97087793
`
`02/05/2016 /
`
`12/27/2016
`
`12/30/2015 /
`
`06/27/2017
`
`10/23/2021 /
`
`--
`
`10/23/2021 /
`
`--
`
`10/22/2021 /
`
`--
`
`10/22/2021 /
`
`--
`
`2.
`
`Opposer owns longstanding common law rights in and to BETR by virtue of
`
`continuous use of the mark in commerce for nutritional and dietary supplements and wellness
`
`programs since at least as early as 2016.
`
`3.
`
`Opposer also owns common law rights to its stylized versions of BETR. Stylized
`
`versions of the BETR mark and BETR HEALTH marks are shown below with BETR being the
`
`dominant portion of Plaintiff’s marks:
`
`
`
`
`
`
`
`
`4891-9456-2066.1
`
`
`2
`
`

`

`4.
`
`Opposer’s pending, registered and common law trademarks are collectively
`
`referred to herein as “Opposer’s Marks.”
`
`5.
`
`Opposer’s Marks cover nutritional and dietary supplements, meal preparation and
`
`delivery, fitness and yoga training, personal weighing scales, and personal devices for tracking
`
`daily wellness activities as well as related health and wellness programs (“Opposer’s Goods and
`
`Services”).
`
`6.
`
`True and correct copies of registration certificates for Opposer’s Marks and
`
`documentation showing the current status and title thereof are attached as Exhibits A through C,
`
`reflecting the status as of March 4, 2022.
`
`7.
`
`Opposer has used Opposer’s Marks in interstate commerce in the United States
`
`continuously since the dates listed in therein, and has specifically used BETR in commerce since
`
`at least as early as February 5, 2016.
`
`8.
`
`Attached hereto as Exhibit D are representative samples of Opposer’s Marks being
`
`used on Opposer’s website showing Opposer’s use in connection with Opposer’s Goods and
`
`Services as of March 4, 2022.
`
`9.
`
`As a result of widespread, continuous, and exclusive use of Opposer’s Mark to
`
`identify Opposer’s Goods and Services and with Opposer as the source thereof, Opposer has
`
`established valuable goodwill associated with Opposer’s Marks.
`
`10.
`
`Opposer’s Marks were and have been in use long before Applicant adopted, filed
`
`and applied to register Applicant’s Mark, resulting in Opposer’s Marks enjoying priority.
`
`11.
`
`Applicant filed the subject application to register BETR (Stylized) on December
`
`18, 2020 for: “Antihistamines; Antihistamine blockers; Non-sedating antihistamines; Intra-nasal
`
`
`4891-9456-2066.1
`
`
`3
`
`

`

`steroids; bronchodilators; Steroids; Laxatives; Probiotics; Acid reducer; Antacid; Caffeine;
`
`Caffeine preparations for stimulative use; Highly caffeinated energy pills; Caffeine preparation for
`
`stimulative use
`
`in
`
`the form of chewing gum; H2 blocker; Proton pump
`
`inhibitor;
`
`Diphenhydramine; Doxylamine; Melatonin; Nicotine gum for use as an aid to stop smoking;
`
`Nicotine patches for use as aids to stop smoking; Nicotine for nicotine replacement therapy;
`
`Smoking cessation preparations; Oral spray for cessation of smoking; Transdermal patches
`
`featuring smoking cessation preparations; Therapeutic preparations for treating muscle soreness;
`
`Topical pain relief products; Medicaments for promoting recovery from tendon and muscle
`
`injuries and disorders and sports related injuries,” in Class 5.
`
`12.
`
`Applicant’s Mark was published for opposition on February 8, 2022.
`
`13.
`
`Applicant’s Mark BETR (Stylized) for various over-the-counter sleep remedies,
`
`probiotics, digestive aids, pain relievers, and other therapeutic preparations is nearly identical to
`
`Opposer’s Marks, and is for nearly identical or at a minimum, highly related goods.
`
`14.
`
`The marks are identical or nearly identical in appearance as shown below:
`
`Literal Element of Opposer’s Mark
`
`BETR
`
`Literal Element of Applicant’s Mark
`
`BETR
`
`Stylized Version of Opposer’s Mark
`
`Stylized Version of Applicant’s Mark
`
`
`
`
`
`4
`
`
`
`
`
`
`4891-9456-2066.1
`
`
`

`

`15.
`
`On April 12, 2021, after learning of Applicant’s Mark and concerned by the
`
`similarity between Applicant’s Mark and Opposer’s Marks, and the goods listed therein, Opposer
`
`sent a cease and desist letter to then-attorney-of-record for Applicant’s Mark, Charles Brown of
`
`the CorpLaw Intellectual Property Law Firm, demanding, among other things, that Applicant cease
`
`use of the BETR trademark.
`
`16.
`
`Opposer communicated with Mr. Brown and thereafter with now-attorney-of-
`
`record John Paul Oleksiuk of Cooley LLP, wherein Opposer reiterated that Applicant cease use of
`
`the BETR trademark. Applicant refused to comply with Opposer’s demand.
`
`17.
`
`Applicant’s application for of the mark BETR (Stylized), and any use thereof, is
`
`without the consent or permission of Opposer.
`
`18.
`
`Applicant’s application for the mark BETR (Stylized), and any use thereof, has
`
`been with knowledge of Opposer’s prior rights in its BETR trademarks.
`
`19.
`
`Based on the substantially similar nature of the marks for highly related or identical
`
`goods and services, the purchasing public is likely to falsely associate Applicant’s goods and
`
`services with Opposer or may erroneously believe the goods and services offered under the mark
`
`shown in Applicant’s Mark is sponsored, licensed, or otherwise endorsed and/or authorized by
`
`Opposer.
`
`20.
`
`Based on the foregoing, Opposer has a good faith belief that it has and will continue
`
`to suffer damage if Applicant’s Mark proceeds to registration.
`
`21.
`
`Opposer must bring this Notice of Opposition because Applicant’s Mark consists
`
`of or comprises a mark which so resembles Opposer’s Marks as to be likely, when used in
`
`
`4891-9456-2066.1
`
`
`5
`
`

`

`connection with Applicant’s goods under Applicant’s Mark, to cause confusion, mistake, or
`
`deception within the meaning of 15 U.S.C. § 1052(d), and to cause damage to Opposer thereby.
`
`22.
`
`On January 28, 2022, Opposer filed a lawsuit in the United States District Court,
`
`Central District of California, Case No. 2:22-CV-00651 (the “Civil Action”) seeking injunctive
`
`relief, monetary damages, and cancellation of Applicant’s U.S. Registration No. 6456090, among
`
`other remedies. Opposer submits herewith a copy of the complaint filed in the Civil Action
`
`attached hereto as Exhibit E. The Application is mentioned in the Civil Action.
`
`WHEREFORE, Opposer prays that Application No. 90/394,086 be denied registration and
`
`that this Opposition be granted in favor of Opposer. In light of the pending Civil Action, Opposer
`
`intends to move for suspension of these proceedings pursuant to Trademark Rule 2.117(a), 37
`
`C.F.R. § 2.117(a) and TBMP § 510.02(a), pending the outcome of the Civil Action
`
`Dated: March 8, 2022
`
`
`
`
`
`SNELL & WILMER LLP
`
`By:___/Deborah A. Gubernick/_______________
`Deborah A. Gubernick
`Attorney for Opposer
`
`Snell & Wilmer, LLP
`600 Anton Boulevard
`Suite 1400
`Costa Mesa, CA 92626
`(714) 427-7077 (phone)
`(714) 427-7799 (fax)
`dgubernick@swlaw.com
`
`
`
`
`
`
`
`
`4891-9456-2066.1
`
`
`6
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the foregoing NOTICE OF
`
`OPPOSITION is being served by electronic mail to the correspondent of record:
`
`John Paul Oleksiuk
`Cooley LLP
`1299 Pennsylvania Avenue, NW, Suite 700
`Washington, DC 20004
`trademarks@cooley.com
`jpo@cooley.com
`cghazarian@cooley.com
`dkoons@cooley.com
`
`
`
`Dated: March 8, 2022
`
`
`
`
`
`
`
`By:___/Deborah A. Gubernick/_______________
`Deborah A. Gubernick
`Attorney for Opposer
`
`Snell & Wilmer, LLP
`600 Anton Boulevard
`Suite 1400
`Costa Mesa, CA 92626
`(714) 427-7077 (phone)
`(714) 427-7799 (fax)
`dgubernick@swlaw.com
`
`
`
`
`
`
`
`
`
`4891-9456-2066.1
`
`
`7
`
`

`

`EXHIBIT A
`EXHIBIT A
`
`

`

`Reg. No. 5,971,673
`
`Registered Jan. 28, 2020
`
`PURE PROACTIVE HEALTH  (DELAWARE CORPORATION)
`555 Fayetteville St.
`3rd Floor
`Raleigh, NORTH CAROLINA 27601
`
`Int. Cl.: 9
`
`Trademark
`
`Principal Register
`
`CLASS 9: Downloadable computer software for providing health and wellness coaching
`
`FIRST USE 6-21-2019; IN COMMERCE 6-21-2019
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
`PARTICULAR FONT STYLE, SIZE OR COLOR
`
`No claim is made to the exclusive right to use the following apart from the mark as shown:
`"THERAPEUTICS"
`
`SER. NO. 88-483,952, FILED 06-21-2019
`
`

`

`
`
`United States Patent and Trademark Office
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`BETR THERAPEUTICS
`
`BETR THERAPEUTICS
`IC 009. US 021 023 026 036 038. G & S: Downloadable computer software for providing health and wellness coaching. FIRST USE: 20190621. FIRST USE IN COMMERCE: 20190621
`
`Word Mark
`Goods and Services
`Standard Characters Claimed
`(4) STANDARD CHARACTER MARK
`Mark Drawing Code
`88483952
`Serial Number
`June 21, 2019
`Filing Date
`1A
`Current Basis
`1A
`Original Filing Basis
`November 12, 2019
`Published for Opposition
`5971673
`Registration Number
`January 28, 2020
`Registration Date
`(REGISTRANT) PURE PROACTIVE HEALTH CORPORATION DELAWARE 555 Fayetteville St. 3rd Floor Raleigh NORTH CAROLINA 27601
`Owner
`Maulin V. Shah
`Attomey of Record
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "THERAPEUTICS" APART FROM THE MARK AS SHOWN
`Disclaimer
`TRADEMARK
`Type of Mark
`PRINCIPAL
`Register
`LIVE
`Live/Dead Indicator
`
`SS ENI ET SELESA
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`

`

`EXHIBIT B
`EXHIBIT B
`
`

`

`Reg. No. 5,108,062
`
`Registered Dec. 27, 2016
`
`PURE PROACTIVE HEALTH INC. (DELAWARE CORPORATION)
`3RD FL., SUITE 29
`555 FAYETTEVILLE ST
`RALEIGH, NC 27601
`
`Int. Cl.: 44
`
`Service Mark
`
`Principal Register
`
`CLASS 44: Medical and wellness services, namely, providing weight loss program services
`
`FIRST USE 2-5-2016; IN COMMERCE 2-5-2016
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
`PARTICULAR FONT STYLE, SIZE OR COLOR
`
`SER. NO. 86-899,352, FILED 02-05-2016
`KATHERINE S CHANG, EXAMINING ATTORNEY
`
`

`

`teclee LM Dele Outite!
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`BETR
`
`BETR
`IC 044. US 100 101. G & 8: Medical and wellness services, namely, providing weight loss program services. FIRST USE: 20160205. FIRST USE IN COMMERCE:20160205
`
`Word Mark
`Goods and Services
`Standard Characters Claimed
`(4) STANDARD CHARACTER MARK
`Mark Drawing Code
`86899352
`Serial Number
`February 5, 2016
`Filing Date
`1A
`Current Basis
`1A
`Original Filing Basis
`October 11, 2016
`Published for Opposition
`5108062
`Registration Number
`International Registration Number 1478994
`Registration Date
`December 27, 2016
`Owner
`(REGISTRANT) PURE PROACTIVE HEALTH INC. CORPORATION DELAWARE 1 Glenwood Ave Raleigh NORTH CAROLINA 27603
`Attomey of Record
`Maulin Shah
`Type of Mark
`SERVICE MARK
`Register
`PRINCIPAL
`Live/Dead Indicator
`LIVE
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`SS SN SS EE CTSEE
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`| HOME | SITE INDEX] SEARCH | eBUSINESS | HELP | PRIVACY POLICY
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`EXHIBIT C
`EXHIBIT C
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`

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`Reg. No. 5,233,391
`
`Registered Jun. 27, 2017
`
`PURE PROACTIVE HEALTH INC. (DELAWARE CORPORATION)
`3RD FL., SUITE 29
`555 FAYETTEVILLE ST
`RALEIGH, NC 27601
`
`Int. Cl.: 9
`
`Trademark
`
`Principal Register
`
`CLASS 9: Computer software for providing health and wellness coaching
`
`FIRST USE 2-5-2016; IN COMMERCE 2-5-2016
`
`THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
`PARTICULAR FONT STYLE, SIZE OR COLOR
`
`SER. NO. 86-861,740, FILED 12-30-2015
`KATHERINE S CHANG, EXAMINING ATTORNEY
`
`

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`teieM Meiaetile
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`Home Site Index Search FAQ Glossary Contacts eBusiness eBiz alerts News
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`Trademarks > Trademark Electronic Search System (TESS)
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`BETR
`
`BETR
`IC 009. US 021 023 026 036 038. G & S: Computer software for providing health and wellness coaching. FIRST USE: 20160205. FIRST USE IN COMMERCE: 20160205
`
`Word Mark
`Goods and Services
`Standard Characters Claimed
`(4) STANDARD CHARACTER MARK
`Mark Drawing Code
`86861740
`Serial Number
`December 30, 2015
`Filing Date
`1A
`Current Basis
`1B
`Original Filing Basis
`October 4, 2016
`Published for Opposition
`5233391
`Registration Number
`June 27, 2017
`Registration Date
`(REGISTRANT) PURE PROACTIVE HEALTH INC. CORPORATION DELAWARE 3RD FL., SUITE 29 555 FAYETTEVILLE ST RALEIGH NORTH CAROLINA 27601
`Owner
`Maulin Shah
`Attorney of Record
`TRADEMARK
`Type of Mark
`PRINCIPAL
`Register
`LIVE
`Live/DeadIndicator
`
`
`SS SNSCI
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`| HOME | SITEINDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
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`EXHIBIT D
`EXHIBIT D
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`

`
`betrhealth.com
`
`
`betr
`Log In Try Betr Risk-Free=——
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`<7* Quality sleep
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`VY
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`zz
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`Af |
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`a=E Improved gut health 4
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`|
`
`
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`blue @
`california
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`
`fe]
`Re5)
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`The Betr® Human PerformancePlatform
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`PCMmcmUSMCMtema ETNA memeCocme ahisecmslime)tm
`A personal coach makes onboarding a breeze andthey will guide you through Dr.
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`Ferro's easy to follow food as medicine strategies to get you feeling Betr® in less than
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`We seamlessly connect everyone to their blood labs, medical records, wearables,
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`DireceMORM eReema iectomn (HUTMMU stleclileMeLMorellieescmiitsome) Tee MORROTMARNELReecalstess RUSlimeslee scleeeTeliaaelgg
`use advanced analytics to gain powerful healthy insights
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`

`EXHIBIT E
`EXHIBIT E
`
`

`

`Case 2:22-cv-00651 Document 1 Filed 01/28/22 Page 1 of 33 Page ID #:1
`
`
`
`
`Deborah A. Gubernick (#242483)
`dgubernick@swlaw.com
`Christopher D. Bright (#206273)
`cbright@swlaw.com
`Michelle Emeterio (#340328)
`memeterio@swlaw.com
`SNELL & WILMER L.L.P.
`600 Anton Blvd., Suite 1400
`Costa Mesa, California 92626-7689
`Telephone: 714.427.7000
`Facsimile: 714.427.7799
`Attorneys for Plaintiff
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
`
`
`PURE PROACTIVE HEALTH, INC.,
`a Delaware corporation,
`
`Plaintiff,
`
`vs.
`
`BETR REMEDIES, LLC, a Delaware
`limited liability company, COUNTRY
`MILE, LLC, a Delaware limited
`liability company, GREEN PARK
`BRANDS, LP, a Delaware limited
`partnership, GREEN PARK BRANDS
`GP, LLC, a Delaware limited liability
`company, GREEN PARK
`HOLDINGS, LLC, a Delaware limited
`liability company, LIVIO BISTERZO,
`JENNIFER SIMONE HOFFMAN,
`ELLEN POMPEO, and DOES 1-10
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`4871-1059-3291
`
`
`
`
`
`Case No. 2:22-cv-00651
`
`COMPLAINT
`1. FEDERAL REGISTERED
`TRADEMARK
`INFRINGEMENT (15 U.S.C. §
`1114)
`2. FEDERAL FALSE
`DESIGNATION OF ORIGIN (15
`U.S.C. § 1125(a))
`3. CALIFORNIA COMMON LAW
`TRADEMARK
`INFRINGEMENT (Cal. Bus. &
`Prof. Code § 14200 et seq.)
`4. UNFAIR COMPETITION AND
`UNFAIR BUSINESS
`PRACTICES (Cal. Bus. & Prof.
`Code § 17200 et seq.)
`5. CANCELATION OF
`REGISTERED TRADEMARKS
`(15 U.S.C. § 1064(1) and (3))
`6. CYBERSQUATTING UNDER
`15 U.S.C. § 1125(d)
`
`
`AND DEMAND FOR JURY TRIAL
`
`
`
`
`COMPLAINT, CASE NO. 2:22-CV-00651
`
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`COSTA MESA, CALIFORNIA 92626-7689
`
`600 ANTON BLVD, SUITE 1400
`
`LAW OFFICES
`
`L.L.P.
`
`SNELL & WILMER
`
`

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`Case 2:22-cv-00651 Document 1 Filed 01/28/22 Page 2 of 33 Page ID #:2
`
`
`Plaintiff Pure Proactive Health, Inc., by and through its attorneys, files this
`
`Complaint (“Complaint”) against Defendants Betr Remedies, LLC, Country Mile,
`
`LLC, Green Park Brands, LP, Green Park Brands GP, LLC, Green Park Holdings,
`
`LLC, Livio Bisterzo, Jennifer Simone Hoffman, Ellen Pompeo, and DOES 1-10,
`
`individually and collectively, alleging as follows:
`
`PARTIES
`
`1.
`
`Plaintiff Pure Proactive Health, Inc., a Delaware corporation, is
`
`engaged in the business of developing and selling various health and nutritional
`
`supplements and providing wholistic wellness and chronic disease management
`
`programs, doing business as “Betr Health” also known as “Betr” (hereinafter
`
`“Plaintiff” or “Betr Health”), having its principal place of business at 1 Glenwood
`
`Avenue #5, Raleigh, NC 27603.
`
`2.
`
`Defendant Betr Remedies, LLC (“BR”), a Delaware limited liability
`
`company, having a principal place of business at 1601 Colorado Avenue, Santa
`
`Monica, CA 90404, is also engaged in the manufacture, distribution and sale of
`
`various health and nutritional supplements and medications. BR is formerly known
`
`as Live Betr, LLC.
`
`3.
`
`Defendant Country Mile, LLC (“Country Mile”) is a Delaware limited
`
`liability company having a principal place of business at 348 Sterling Road,
`
`Kenilworth, IL 60043. Country Mile is a member of Defendant BR.
`
`4.
`
`Defendant Green Park Brands, LP (“Green Park Brands”) is a Delaware
`
`limited partnership, having a principal place of business at 1601 Colorado Avenue,
`
`Santa Monica, CA 90404, and is the holding company for BR.
`
`5.
`
`Defendant Green Park Brands GP, LLC (“GPB”) is a Delaware limited
`
`liability company, having a principal place of business at 1601 Colorado Avenue,
`
`Santa Monica, CA 90404.
`
`
`
`
`
`4871-1059-3291
`
`
`
`- 2 -
`
`COMPLAINT, CASE NO. 2:22-CV-00651
`
`
`COSTA MESA, CALIFORNIA 92626-7689
`
`600 ANTON BLVD, SUITE 1400
`
`LAW OFFICES
`
`L.L.P.
`
`SNELL & WILMER
`
`

`

`1
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`Case 2:22-cv-00651 Document 1 Filed 01/28/22 Page 3 of 33 Page ID #:3
`
`
`6.
`
`Defendant Green Park Holdings, LLC (“GPH”) is a Delaware limited
`
`liability company, having a principal place of business at 2804 Gateway Oaks Drive,
`
`Suite 100, Sacramento CA 95833.
`
`7.
`
`On information and belief, Defendant Livio Bisterzo (“Mr. Bisterzo”)
`
`is an individual domiciled in Santa Monica, California, and is the COO and Co-
`
`Founder of BR. On information and belief, Mr. Bisterzo was formerly also the CEO
`
`of BR, has been one of the primary active participants in the allegations herein and
`
`is a guiding spirit of, central figure in, and moving, conscious force of the Defendant
`
`BR (hereinafter, for efficiency, “moving, conscious force”).
`
`8.
`
`On information and belief, Defendant Jennifer Simone Hoffman (“Ms.
`
`Hoffman”) is an individual domiciled in New York, and is the President and Co-
`
`Founder of BR. On information and belief, Ms. Hoffman has been one of the primary
`
`active participants in the allegations herein and is a moving, conscious force of the
`
`Defendant BR as further described herein.
`
`9.
`
`On information and belief, Defendant Ellen Pompeo (“Ms. Pompeo”)
`
`is an individual domiciled in Los Angeles, California, is a Co-Founder of BR, and
`
`is the Chief Impact Officer of BR. Ms. Pompeo is well known for her role as a doctor
`
`in the hit television series, Grey’s Anatomy. On information and belief, Ms. Pompeo
`
`has been one of the primary active participants in the allegations herein and is a
`
`moving, conscious force of the Defendant BR as further described herein.
`
`10. Does 1-10 are persons or entities responsible, in whole or in part, for
`
`the wrongdoing alleged herein (“Doe Defendants”). Plaintiff is informed and
`
`believes, and based thereon, alleges that each of the Doe Defendants participated in,
`
`assisted, endorsed, or was otherwise involved in the acts complained hereof, and that
`
`they have liability for such acts. Plaintiff will amend this Complaint if and when
`
`the identities of such persons or entities, and the details of their involvement
`
`becomes known.
`
`
`
`
`
`4871-1059-3291
`
`
`
`- 3 -
`
`COMPLAINT, CASE NO. 2:22-CV-00651
`
`
`COSTA MESA, CALIFORNIA 92626-7689
`
`600 ANTON BLVD, SUITE 1400
`
`LAW OFFICES
`
`L.L.P.
`
`SNELL & WILMER
`
`

`

`Case 2:22-cv-00651 Document 1 Filed 01/28/22 Page 4 of 33 Page ID #:4
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`11. Defendants BR, Country Mile, Green Park Brands, GPB, GPH, Mr.
`
`Bisterzo, Ms. Hoffman, and Ms. Pompeo are collectively referred to as the
`
`“Defendants.” Individual defendants may be referred to herei