Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1280551
`
`Filing date:
`
`04/24/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91275573
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Plaintiff
`Equinox International Holdings Limited
`
`JEFFREY H. GREGER
`HAUPTMAN HAM, LLP
`2318 MILL RD.
`SUITE 1400
`ALEXANDRIA, VA 22314
`UNITED STATES
`Primary email: jhggroup@ipfirm.com
`Secondary email(s): jhgreger@ipfirm.com
`No phone number provided
`
`Plaintiff's Notice of Reliance
`
`Jeffrey H. Greger
`
`jhggroup@ipfirm.com, jhgreger@ipfirm.com
`
`/jhg/
`
`04/24/2023
`
`Attachments
`
`4.24.23 Notice of Reliance.pdf(5746587 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of U.S. Application Serial No. 90/563,164
`
`Mark: MR. NICE
`
`
`Publication Date: December 14, 2021
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`
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`Equinox International Holdings Limited
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`Opposer,
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`v.
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`MNS USA LLC.
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`Applicant.
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`Opposition No.: 91275573
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`OPPOSER’S NOTICE OF RELIANCE
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`Pursuant to Rule 2.122(e) of the Trademark Rules of Practice, 37 C.F.R. § 2.122(e) and
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`Section 704.03(b)(2) of the Trademark Trial and Appeal Board Manual of Procedure, Opposer
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`Equinox International Holdings Limited (“Opposer”) hereby makes of record and notifies
`
`Applicant MNS USA LLC. (“Applicant”) of its reliance on the testimony of Xan Morgan from
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`U.S. Opposition No. 91272976 and relies on the internet documents filed as attached as Exhibits
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`to the Morgan declaration.
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`Opposition No. 91275573
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`1
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`

`

`Relevance
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`Opposition No. 91272976 involves the same parties, facts, and issues of law. The testimony
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`and evidence is pertinent to the question of a likelihood of confusion as alleged in this case.
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`
`
`Respectfully submitted,
`
`HAUPTMAN HAM, LLP
`Attorney for Opposer
`
`By: /Jeffrey H. Greger/
`Jeffrey H. Greger
`Hauptman Ham, LLP
`2318 Mill Rd. Suite 1400
`Alexandria, VA 22314
`Email: jhgreger@ipfirm.com
`jhggroup@ipfirm.com
`
`
`Dated: April 24, 2023
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that a copy of the foregoing shall be forwarded to Applicant’s currently
`
`listed attorney of record according to the current records as contained in the U.S. Patent and
`
`Trademark Office records by email this April 24, 2023 to:
`
`Wendy Peterson,
`Attorney for Applicant
`Not Just Patents LLC
`1248 Victoria St N
`St. Paul, MN 55117
`wsp@NJPLS.com, wspnjpls@gmail.com
`651-500-7590
`
`
`
`
`/s/ Jeffrey H. Greger
`
`
`Dated: April 24, 2023
`
`
`
`
`Opposition No. 91275573
`
`
`
`2
`
`

`

`Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1251088
`
`Filing date:
`
`11/30/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91272976
`
`Party
`
`Correspondence
`address
`
`Plaintiff
`Equinox International Holdings Limited
`
`JEFFREY H GREGER
`HAUPTMAN HAM LLP
`2318 MILL RD
`SUITE 1400
`ALEXANDRIA, VA 22314
`UNITED STATES
`Primary email: jhggroup@ipfirm.com
`Secondary email(s): cmolano@ipfirm.com, jhgreger@ipfirm.com
`No phone number provided
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Testimony For Plaintiff
`
`Jeffrey H. Greger
`
`jhggroup@ipfirm.com, jhgreger@ipfirm.com
`
`/jhg/
`
`11/30/2022
`
`Declaration of Xan Morgan.pdf(134586 bytes )
`Certificate of Service.pdf(99234 bytes )
`Exhibit A.pdf(2105841 bytes )
`Exhibit B.pdf(4853301 bytes )
`Exhibit C.pdf(2554192 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`
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`Equinox International Holdings Limited
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`Opposer,
`
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`
`
`
`
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`
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`v.
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`
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`MNS USA LLC.
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`Applicant.
`
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`)
`)
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`)
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`Opposition No.: 91272976
`
`TESTIMONIAL DECLARATION OF XAN MORGAN
`IN SUPPORT OF OPPOSER
`
`
`
`I, Xan Morgan, a citizen of the United Kingdom, with an address of Maddox House, 1
`
`Maddox Street, London, United Kingdom, W1S 2PZ, am over the age of 21 and state as
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`follows:
`
`
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`1. I am the CEO of Equinox International Holdings Limited, a company registered in
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`England and Wales under No. 11438672, whose registered office is at Maddox House,
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`1 Maddox Street, London, United Kingdom, W1S 2PZ, ("Equinox"). I have been a
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`statutory director of Equinox since 28 June 2018.
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`
`
`2. I hold educational degrees from St. Edward’s School Oxford and have a background in
`
`the field of manufacturing, environmental technology, business management, and
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`marketing.
`
`
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`3. The business of Equinox, since its formation in 2018, has always been in the field of
`
`commercializing products pertaining to hemp based legal cannabis, cannabinoid
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`products and services, including product accessories related to cannabis and the
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`cannabinoid product market.
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`
`
`Declaration of Xan Morgan
`
`1
`
`

`

`4. The term cannabinoid is also referred to as CBD. CBD is derived from hemp. CBD is
`
`incorporated into many different consumer products including but not limited to oils,
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`tinctures, flavourings, foods, beverages, cigarettes, toiletries, and personal body care
`
`products.
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`5. I have personally been involved in the business field of commercializing hemp-based
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`cannabinoid products and services, and product accessories including but not limited to
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`smoking devices, vaping devices, smoking pipes, and tobacco grinders.
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`
`
`6. It is also common for companies in field of selling CBD products to also sell clothing
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`goods, also referred to as swag, or affinity type wear.
`
`
`
`7. I am knowledgeable about the marketing and advertising of cannabinoid products,
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`accessories and services pertaining to sales and business operations, as well as the
`
`consumers and customers that use cannabinoid product and related accessories.
`
`8. Equinox is a United Kingdom based entity and to date has traded in the UK both online
`
`and via its own Mr Nice branded shop in Soho in central London as well as through a
`
`concession situated in the well-known department store Selfridges. Attached at Exhibit
`
`A are copies of pages from the Mr. Nice United Kingdom online retail store.
`
`9. Equinox has a broad line of Mr. Nice branded CBD-related products and also sells
`
`products not containing CBD. Equinox has used and/or maintains an intent to expand
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`use of the trademark Mr. Nice on and in connection with the following goods and
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`services, including but not limited to the following:
`
`
`
`
`
`
`
`
`
`
`
`essential oils; aromatic essential oils; cosmetics; non-medicated
`toiletry preparations; non-medicated herbal body care preparations;
`non-medicated soaps; flavourings for beverages being essential oils,
`clothing of various types, confectionery, including candies and
`gummies, flavourings for foods and beverages; herbal infusions,
`infused oils, not being essential oils; teas; On-line retail store services
`and retail store services featuring the aforementioned goods; providing
`business advice relating to franchising, namely, consultation and
`assistance in business management, marketing, branding, organization
`and promotions; and business advisory services, consultation and
`information.
`
`Declaration of Xan Morgan
`
`2
`
`

`

`10. I am familiar and knowledgeable about commercializing, selling, advertising, and
`
`promoting the products and services referenced above.
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`11. Cannabinoid products are sold in the United States in same manner like the online retail
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`sales which Equinox uses for its sales of its Mr. Nice line of products in the United
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`Kingdom. General information about CBD products and a representative sample of the
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`offerings of some United States retailers of CBD products and accessories can be seen
`
`in the attached downloaded pages as I reviewed which were obtained from the internet.
`
`See Exhibit B.
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`12. CBD products are used by average consumers and the products are marketed to all
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`consumers. This would be the same whether offered in the UK or the US.
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`13. Some of the products offered by U.S. retailers include CBD oils, tinctures, flavourings,
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`foods, beverages, cigarettes, toiletries, personal body care products, as well as
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`accessories such as smoking devices, vaping devices, smoking pipes, tobacco grinders.
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`U.S. retailers also sell clothing and swag clothing.
`
`14. U.S. companies that sell CBD products and related accessories, offer products which
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`are the same as, similar to, or highly related to the same products Equinox offers in the
`
`United Kingdom.
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`15. The CBD business market in the United States is growing exponentially with forecasts
`
`by business statistic analysts reported to be in the billions of dollars in the coming years.
`
`Some of the forecasts I have reviewed appear in articles on the internet. See Exhibit C.
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`16. The United States has been part of Equinox’s market plans for expansion of its Mr.
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`NICE line of products since at least as early 2018.
`
`
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`
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`17. In connection with Equinox’s international marketing plans, Equinox, through its legal
`
`counsel, filed for international trademark protection for its MR NICE brand including
`
`new trademark applications in the United States for the mark MR NICE back on
`
`December 14, 2018. The applications have since matured to U.S. trademark
`
`registrations on August 20, 2020.
`
`Declaration of Xan Morgan
`
`3
`
`

`

`
`
`
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`
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`
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`
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`18. Equinox is the owner of U.S. Registrations Nos. 6121742 and 6311629. The literal
`
`elements of both registered marks is MR NICE. Both registrations cover goods and
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`services, a pertinent portion thereof described as
`
`
`
`
`
`Essential oils; aromatic essential oils; cosmetics; non-medicated
`toiletry preparations; non-medicated herbal body care preparations;
`non-medicated soaps; flavourings for beverages being essential oils
`
`19. The ‘742 and ‘629 registrations also include coverage for on-line store service featuring
`
`a variety of goods including essential oils. The ‘742 registration also includes coverage
`
`for clothing, food, and beverages
`
`20. The Applicant MNS USA LLC, filed U.S. Application Serial No. 88/248,935 for the
`
`mark MR NICE claiming an intent to use the mark on or in connection with the
`
`following goods.
`
`
`
`
`
`
`Electronic cigarettes sold pre-filled with flavored liquids comprised of
`essential oils derived from hemp with a delta-9 tetrahydrocannabinol
`(THC) content of no more than 0.3 percent on a dry weight basis;
`
`Hemp cigarettes; cigarette hemp; electronic cigarettes sold pre-filled
`with flavored liquids derived from hemp, not including essential oils;
`hemp flowers for smoking; each of the foregoing containing industrial
`hemp with a delta-9 tetrahydrocan-nabinol (THC) content of no more
`than 0.3 percent on a dry weight basis
`
`21. Essential oils derived from hemp with a delta-9 tetrahydrocannabinol (THC) content
`
`of no more than 0.3 percent on a dry weight basis is used in the CBD industry to make
`
`CBD oils, tinctures, smoking and vaping products, and wide range of CBD-related
`
`products sold by retailers in the United States as referenced in Exhibit B.
`
`22. Essential oils are used in the CBD industry for flavorings and infusions into foods and
`
`beverages.
`
`
`
`Declaration of Xan Morgan
`
`4
`
`

`

`I declare under penalty of perjury under the laws of the United States of America that
`
`the foregoing is true and correct.
`
`
`
`Executed on: 30 November 2022
`
`Signature:
`
`
`
`Name: Xan Edward Charles Morgan
`
`
`
`Location: London, United Kingdom
`
`
`
`
`
`
`
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`
`
`Declaration of Xan Morgan
`
`5
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing shall be forwarded to Applicant’s currently
`
`listed attorney of record according to the current records as contained in the U.S. Patent and
`
`Trademark Office records by email this November 30, 2022 to:
`
`Wendy Peterson
`Not Just Patents LLC
`1248 Victoria St N
`St Paul, MN 55117
`wsp@njpls.com, wspnjpls@gmail.com
`
`
`Dated: November 30, 2022
`
`
`/s/ Carli L. Molano
`
`
`
`
`Opposition No. 91272976
`
`
`
`1
`
`

`

`
`
`EXHIBIT A
`EXHIBIT A
`
`

`

`11/29/22, 5:06 PM
`
`All – Mr NICE London
` FREE UK SHIPPING ON ORDERS OVER £50
`
`+
`
`FILTER
`
`0
`
`10% ORGANIC CBD OIL
`£58.00
`
`5% ORGANIC CBD OIL
`£30.00
`
`NICE STICKER PACK
`£6.00
`
`SMOKING KIT
`£49.00
`
`MEDTAINER SMELL PROOF GRINDER
`https://mrnicelondon.com/collections/all
`
`NICE STASH CREWNECK BLUEBERRY TIE DYE
`
`1/13
`
`EXHIBIT A - PAGE 001
`
`

`

`All – Mr NICE London
`11/29/22, 5:06 PM
`NICE STASH CREWNECK - BLUEBERRY TIE-DYE
`MEDTAINER - SMELL PROOF GRINDER
` FREE UK SHIPPING ON ORDERS OVER £50
`£12.00
`£60.00
`
`0
`
`NICE JOGGER - BLUEBERRY TIE-DYE
`£70.00
`
`NICE STASH CREWNECK - LEAF GREEN TIE-DYE
`£60.00
`
`NICE JOGGER - LEAF GREEN TIE-DYE
`£70.00
`
`NICE SILVER VARSITY JACKET
`£160.00
`
`ONLY SMOKE THE BEST STASH CREWNECK - BLACK
`£60.00
`
`ONLY SMOKE THE BEST JOGGER - BLACK
`£70.00
`
`https://mrnicelondon.com/collections/all
`
`2/13
`
`EXHIBIT A - PAGE 002
`
`

`

`11/29/22, 5:06 PM
`
`All – Mr NICE London
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`TEAM 23 T-SHIRT - TIE-DYE
`£35.00
`
`NICE LOGO HOODIE WHITE
`£70.00
`
`NICE VARSITY SWEATER
`£90.00
`
`LOGO HEMP T SHIRT - ORANGE
`£40.00
`
`SUPPORT YOUR LOCAL DEALER LONG SLEEVE
`£45.00
`
`LOGO STEALTH SHORTS
`£55.00
`
`https://mrnicelondon.com/collections/all
`
`3/13
`
`EXHIBIT A - PAGE 003
`
`

`

`11/29/22, 5:06 PM
`
`All – Mr NICE London
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`LOGO HEMP T SHIRT - BLUE
`£40.00
`
`LOGO HEMP T SHIRT - OLIVE
`£40.00
`
`TEAM 23 T-SHIRT - WHITE
`£30.00
`
`LOGO HEMP T SHIRT - BLACK
`£40.00
`
`LOGO HEMP T SHIRT - PINK
`£40.00
`
`LOGO HEMP T SHIRT - ORCHID
`£40.00
`
`https://mrnicelondon.com/collections/all
`
`4/13
`
`EXHIBIT A - PAGE 004
`
`

`

`11/29/22, 5:06 PM
`
`All – Mr NICE London
` FREE UK SHIPPING ON ORDERS OVER £50
`
`FREE THE LEAF HOODIE
`£60.00
`
`STRETCH LOGO LONGSLEEVE T-SHIRT - SAFETY YELLOW
`£40.00
`
`0
`
`FREE THE LEAF LONG SLEEVE
`£45.00
`
`FREE THE LEAF T‑SHIRT
`£30.00
`
`STRETCH LOGO LONGSLEEVE T-SHIRT - LIME
`£40.00
`
`NICE LOGO DOUBLE POCKET HOODIE - LIME
`£70.00
`
`LOGO DOUBLE POCKET HOODIE - GREY MARL
`£70.00
`
`LOGO H.M. T-SHIRT
`£30.00
`
`https://mrnicelondon.com/collections/all
`
`5/13
`
`EXHIBIT A - PAGE 005
`
`

`

`11/29/22, 5:06 PM
`
`All – Mr NICE London
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`LOGO STASH CREWNECK
`£80.00
`
`WHITE LOGO T-SHIRT
`£30.00
`
`NICE UTILITY BAG
`£60.00
`
`LOGO BEANIE - ORANGE
`£35.00
`
`SCRIPT SNAPBACK CAP
`£35.00
`
`ONLY SMOKE THE BEST FINE KNIT BEANIE
`£35.00
`
`https://mrnicelondon.com/collections/all
`
`6/13
`
`EXHIBIT A - PAGE 006
`
`

`

`11/29/22, 5:06 PM
`
`All – Mr NICE London
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`LOGO METAL CLIPPER LIGHTER - GOLD
`£9.00
`
`LOGO METAL CLIPPER LIGHTER - MATTE SILVER
`£9.00
`
`LOGO METAL CLIPPER LIGHTER - RAINBOW
`£9.00
`
`LOGO METAL CLIPPER LIGHTER - SILVER
`£9.00
`
`LOGO ROLLING PAPERS
`£2.00
`
`ORGANIC HEMP TEA - 30G
`£7.00
`
`https://mrnicelondon.com/collections/all
`
`7/13
`
`EXHIBIT A - PAGE 007
`
`

`

`11/29/22, 5:06 PM
`
`All – Mr NICE London
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`STAY NICE GRINDER CARD - BLACK
`£6.00
`SOLD OUT
`
`STAY NICE GRINDER CARD - SILVER
`£6.00
`
`MR NICE AUTOBIOGRAPHY
`£10.99
`
`4/20 ROACH BOOK
`£18.00
`
`MURANO TIPS
`£20.00
`
`BECOMING MR NICE: THE HOWARD MARKS ARCHIVE
`£19.99
`SOLD OUT
`
`https://mrnicelondon.com/collections/all
`
`8/13
`
`EXHIBIT A - PAGE 008
`
`

`

`11/29/22, 5:06 PM
`
`All – Mr NICE London
` FREE UK SHIPPING ON ORDERS OVER £50
`
`OMURA SERIESX HEAT-NOT-BURN DEVICE + 2 STICK PACKS
`£99.00
`
`OMURA SERIESX - FILL YOUR OWN FLOWER STICKS
`£5.99
`SOLD OUT
`
`0
`
`BOTANICAL CAMP CAP
`£35.00
`
`BOTANICAL MILLIONAIRE SHIRT
`£95.00
`SOLD OUT
`
`GET DOWN MILLIONAIRE SHIRT
`£95.00
`
`GET DOWN SWIM SHORTS
`£55.00
`
`https://mrnicelondon.com/collections/all
`
`9/13
`
`EXHIBIT A - PAGE 009
`
`

`

`11/29/22, 5:06 PM
`
`All – Mr NICE London
` FREE UK SHIPPING ON ORDERS OVER £50
`POLKA DOT SMILEY SWIM SHORTS
`HAVE A NICE DAY POCKET T-SHIRT
`£55.00
`£30.00
`
`0
`
`MOOD BOOSTER CBD BATH BOMB (LARGE)
`£11.00
`
`MOOD BOOSTER CBD BATH BOMB (SMALL)
`£6.00
`
`SKIN HEALER CBD BATH BOMB (LARGE)
`£11.00
`
`SKIN HEALER CBD BATH BOMB (SMALL)
`£6.00
`
`NICE CBD E-LIQUID LEMON HAZE (300MG)
`£6.00
`
`NICE CBD E-LIQUID LEMON HAZE (600MG)
`£10.00
`
`https://mrnicelondon.com/collections/all
`
`10/13
`
`EXHIBIT A - PAGE 010
`
`

`

`11/29/22, 5:06 PM
`
`All – Mr NICE London
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`NICE CBD E-LIQUID MANGO KUSH (300MG)
`£6.00
`
`NICE CBD E-LIQUID MANGO KUSH (600MG)
`£10.00
`
`NICE CBD E-LIQUID SKUNK BOOSTER (1000MG)
`£15.00
`
`NICE CBD E-LIQUID SKUNK NO.1 (300MG)
`£6.00
`
`NICE CBD E-LIQUID SKUNK NO.1 (600MG)
`£10.00
`
`BUDDY HIGH
`£40.00
`SOLD OUT
`
`https://mrnicelondon.com/collections/all
`
`11/13
`
`EXHIBIT A - PAGE 011
`
`

`

`11/29/22, 5:06 PM
`
`All – Mr NICE London
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`GOOD BUDS CHRISTMAS CARD
`£3.50
`
`CANNA BREW
`£6.99
`
`Receive 10 % off your first order by signing up to our mailing list
`
`Your Email
`
`ENTER
`
`By agreeing you accept our Terms and Conditions + Privacy Policy and you agree to
`join our database
`
`LEGAL
`PRIVACY POLICY
`COOKIE POLICY
`https://mrnicelondon.com/collections/all
`
`12/13
`
`EXHIBIT A - PAGE 012
`
`

`

`11/29/22, 5:06 PM
`RETURNS
`CONTACT
`
`All – Mr NICE London
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`https://mrnicelondon.com/collections/all
`
`13/13
`
`EXHIBIT A - PAGE 013
`
`

`

`11/29/22, 12:42 PM
`
`10% Full Spectrum CBD Oil - 100% Organic | Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`10% ORGANIC CBD OIL
`
`     21 reviews
`
`£58.00
`
`When you’re in need of a little more help to feel your best, a stronger hit is a friend indeed.
`
`https://mrnicelondon.com/collections/all/products/cbd-oil
`
`1/5
`
`EXHIBIT A - PAGE 014
`
`

`

`11/29/22, 12:42 PM
`
`10% Full Spectrum CBD Oil - 100% Organic | Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`ADD TO BAG
`
`0
`
`WE KEEP IT NICE
`
`INGREDIENTS
`DAILY DOSE
`BE COOL
`WTF EVEN IS IT?
`HIGH STANDARDS
`
`MORE NICE PRODUCTS
`
`5% ORGANIC CBD OIL
`£30.00
`
`ORGANIC HEMP TEA - 30g
`£7.00
`
`https://mrnicelondon.com/collections/all/products/cbd-oil
`
`2/5
`
`EXHIBIT A - PAGE 015
`
`

`

`11/29/22, 12:54 PM
`
`40g Organic Hemp Tea - 100% Organic | Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`ORGANIC HEMP TEA - 30G
`
`     10 reviews
`
`£7.00
`
`“IT’S JUST TEA I SWEAR”
`
`No seeds, no stems (no THC).
`
`Organic hemp leaves with some good vibes thrown in for a nicer flavour
`
`https://mrnicelondon.com/collections/cbd/products/organic-hemp-tea
`
`1/6
`
`EXHIBIT A - PAGE 016
`
`

`

`11/29/22, 12:54 PM
`
`40g Organic Hemp Tea - 100% Organic | Mr NICE London
`
`Organic hemp leaves with some good vibes thrown in for a nicer flavour.
` FREE UK SHIPPING ON ORDERS OVER £50
`Contains naturally occurring cannabinoids, antioxidants and phytonutrients to calm your system.
`0
`
`HIGH STANDARDS
`
`At Mr NICE, we like to keep up close and personal with all our lovely plants, from cultivation to
`consumption, ensuring strictly high grade products.
`
`
`
`WE KEEP IT NICE
`INGREDIENTS
`THE DAILY DOSE
`
`ADD TO BAG
`
`MORE NICE PRODUCTS
`
`10% ORGANIC CBD OIL
`£58.00
`
`5% ORGANIC CBD OIL
`£30.00
`
`https://mrnicelondon.com/collections/cbd/products/organic-hemp-tea
`
`2/6
`
`EXHIBIT A - PAGE 017
`
`

`

`11/29/22, 12:54 PM
`
`40g Organic Hemp Tea - 100% Organic | Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`SKIN HEALER CBD BATH BOMB (LARGE)
`£11.00
`
`MOOD BOOSTER CBD BATH BOMB (LARGE)
`£11.00
`
`SKIN HEALER CBD BATH BOMB (SMALL)
`£6.00
`
`MOOD BOOSTER CBD BATH BOMB (SMALL)
`£6.00
`
`CUSTOMER REVIEWS
`
`    
`    
`    
`    
`    
`
` 100% (10)
` 0% (0)
` 0% (0)
` 0% (0)
` 0% (0)
`
`    
`Based on 10 reviews
`
`R
`
`    
`Ricardo Da Silva
`ORGANIC HEMP TEA - 40g
`
`https://mrnicelondon.com/collections/cbd/products/organic-hemp-tea
`
`3/6
`
`EXHIBIT A - PAGE 018
`
`

`

`11/29/22, 12:54 PM
`
`40g Organic Hemp Tea - 100% Organic | Mr NICE London
`
`R
`
` FREE UK SHIPPING ON ORDERS OVER £50
`    
`Rebecca Moat
`Delicious & relaxing tea. Helped me quit nicotine too! Thanks
`
`0
`
`C
`
`    
`Carl Moat
`Excellent tasting tea + an excellent alternative to tobacco
`As a tea it tastes fresh and green,similar to nettle tea,it is a lovely tea.
`As a tobacco alternative, it is excellent,way better than any other herb tobacco that I have tried.
`I highly recommend hemp tea ...thank you MR NICE
`
`T
`
`    
`Tom Williams
`
`Nice tea!
`Really nice tasting
`Relaxing tea
`
`S
`
`    
`Susana Lucio Fernandez
`Lovely tea
`I’m loving the clean taste of this tea. I like the fact that it’s organic. I find it very soothing.
`1
`
`2  
`
`https://mrnicelondon.com/collections/cbd/products/organic-hemp-tea
`
`4/6
`
`EXHIBIT A - PAGE 019
`
`

`

`11/29/22, 12:54 PM
`
`40g Organic Hemp Tea - 100% Organic | Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`Receive 10 % off your first order by signing up to our mailing list
`
`Your Email
`
`ENTER
`
`By agreeing you accept our Terms and Conditions + Privacy Policy and you
`agree to join our database
`
`https://mrnicelondon.com/collections/cbd/products/organic-hemp-tea
`
`5/6
`
`EXHIBIT A - PAGE 020
`
`

`

`11/29/22, 12:54 PM
`
`40g Organic Hemp Tea - 100% Organic | Mr NICE London
`
`LEGAL
`PRIVACY POLICY
`COOKIE POLICY
`RETURNS
`CONTACT
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`https://mrnicelondon.com/collections/cbd/products/organic-hemp-tea
`
`6/6
`
`EXHIBIT A - PAGE 021
`
`

`

`11/29/22, 12:51 PM
`
`LOGO ROLLING PAPERS – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`LOGO ROLLING PAPERS
`
`     1 review
`
`£2.00
`
`These all-natural rolling papers allow you to enjoy a NICE smoke every time.
`
`https://mrnicelondon.com/collections/smoking-accessories/products/mr-nice-rolling-paper
`
`1/5
`
`EXHIBIT A - PAGE 022
`
`

`

`11/29/22, 12:51 PM
`
`LOGO ROLLING PAPERS – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`ADD TO BAG
`
`0
`
`WE KEEP IT NICE
`
`MORE NICE PRODUCTS
`
`Murano Tips
`£20.00
`
`Good Buds Christmas Card
`£3.50
`
`https://mrnicelondon.com/collections/smoking-accessories/products/mr-nice-rolling-paper
`
`2/5
`
`EXHIBIT A - PAGE 023
`
`

`

`11/29/22, 12:51 PM
`
`LOGO ROLLING PAPERS – Mr NICE London
`
`SMOKING KIT
`Becoming Mr NICE: The Howard Marks Archive
` FREE UK SHIPPING ON ORDERS OVER £50
`£19.99
`£49.00
`
`0
`
`4/20 ROACH BOOK
`£18.00
`
`NICE STICKER PACK
`£6.00
`
`CUSTOMER REVIEWS
`
`    
`Based on 1 review
`
`    
`    
`    
`    
`    
`
` 100% (1)
` 0% (0)
` 0% (0)
` 0% (0)
` 0% (0)
`
`D
`
`
`
`    
`Verified Dean Wyatt
`
`5 stars
`Amazing skins be ordering again very soon
`
`https://mrnicelondon.com/collections/smoking-accessories/products/mr-nice-rolling-paper
`
`3/5
`
`EXHIBIT A - PAGE 024
`
`

`

`11/29/22, 12:51 PM
`
`LOGO ROLLING PAPERS – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`Receive 10 % off your first order by signing up to our mailing list
`
`Your Email
`
`ENTER
`
`By agreeing you accept our Terms and Conditions + Privacy Policy and you
`agree to join our database
`
`https://mrnicelondon.com/collections/smoking-accessories/products/mr-nice-rolling-paper
`
`4/5
`
`EXHIBIT A - PAGE 025
`
`

`

`11/29/22, 12:51 PM
`
`LOGO ROLLING PAPERS – Mr NICE London
`
`LEGAL
`PRIVACY POLICY
`COOKIE POLICY
`RETURNS
`CONTACT
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`https://mrnicelondon.com/collections/smoking-accessories/products/mr-nice-rolling-paper
`
`5/5
`
`EXHIBIT A - PAGE 026
`
`

`

`11/29/22, 12:52 PM
`
`Murano Tips – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`MURANO TIPS
`
`     No reviews
`
`£20.00
`
`Designed to be endlessly reusable & easy to clean, the Murano glass smoking tips are hand-
`crafted in Italy to elevate the traditional smoking method in a new & sustainable way.
`
`Murano Tips are available in four different colours. Each box contains two different style tips.
`
`https://mrnicelondon.com/collections/smoking-accessories/products/murano-tips
`
`1/4
`
`EXHIBIT A - PAGE 027
`
`

`

`11/29/22, 12:52 PM
`
`Murano Tips – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`RED
`
`0
`
`ADD TO BAG
`
`MORE NICE PRODUCTS
`
`Good Buds Christmas Card
`£3.50
`
`Becoming Mr NICE: The Howard Marks Archive
`£19.99
`
`https://mrnicelondon.com/collections/smoking-accessories/products/murano-tips
`
`2/4
`
`EXHIBIT A - PAGE 028
`
`

`

`11/29/22, 12:52 PM
`
`Murano Tips – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`SMOKING KIT
`£49.00
`
`4/20 ROACH BOOK
`£18.00
`
`NICE STICKER PACK
`£6.00
`
`Buddy High
`£40.00
`
`CUSTOMER REVIEWS
`
`     No reviews yet
`
`https://mrnicelondon.com/collections/smoking-accessories/products/murano-tips
`
`3/4
`
`EXHIBIT A - PAGE 029
`
`

`

`11/29/22, 12:52 PM
`
`Murano Tips – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`Receive 10 % off your first order by signing up to our mailing list
`
`Your Email
`
`ENTER
`
`By agreeing you accept our Terms and Conditions + Privacy Policy and you
`agree to join our database
`
`LEGAL
`PRIVACY POLICY
`COOKIE POLICY
`RETURNS
`CONTACT
`
`https://mrnicelondon.com/collections/smoking-accessories/products/murano-tips
`
`4/4
`
`EXHIBIT A - PAGE 030
`
`

`

`11/29/22, 12:54 PM
`
`NICE CBD E-LIQUID MANGO KUSH (300mg) – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`NICE CBD E-LIQUID MANGO KUSH (300MG)
`£6.00
`
`Mango Kush is a strain with a tropical fruit aroma such as sweet mango and pineapple with a hint
`of banana. It contains a high concentration of the terpene myrcene, also found in mango that
`gives it a sweet and musky aroma.
`
`
`
`https://mrnicelondon.com/collections/cbd/products/nice-cbd-e-liquid-mango-kush-300mg
`
`1/4
`
`EXHIBIT A - PAGE 031
`
`

`

`11/29/22, 12:54 PM
`
`NICE CBD E-LIQUID MANGO KUSH (300mg) – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`ADD TO BAG
`
`0
`
`WE KEEP IT NICE
`
`MORE NICE PRODUCTS
`
`10% ORGANIC CBD OIL
`£58.00
`
`5% ORGANIC CBD OIL
`£30.00
`
`https://mrnicelondon.com/collections/cbd/products/nice-cbd-e-liquid-mango-kush-300mg
`
`2/4
`
`EXHIBIT A - PAGE 032
`
`

`

`11/29/22, 12:54 PM
`
`NICE CBD E-LIQUID MANGO KUSH (300mg) – Mr NICE London
`
`ORGANIC HEMP TEA - 30g
`£7.00
`
`SKIN HEALER CBD BATH BOMB (LARGE)
` FREE UK SHIPPING ON ORDERS OVER £50
`£11.00
`
`0
`
`MOOD BOOSTER CBD BATH BOMB (LARGE)
`£11.00
`
`SKIN HEALER CBD BATH BOMB (SMALL)
`£6.00
`
`https://mrnicelondon.com/collections/cbd/products/nice-cbd-e-liquid-mango-kush-300mg
`
`3/4
`
`EXHIBIT A - PAGE 033
`
`

`

`11/29/22, 12:54 PM
`
`NICE CBD E-LIQUID MANGO KUSH (300mg) – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`Receive 10 % off your first order by signing up to our mailing list
`
`Your Email
`
`ENTER
`
`By agreeing you accept our Terms and Conditions + Privacy Policy and you
`agree to join our database
`
`LEGAL
`PRIVACY POLICY
`COOKIE POLICY
`RETURNS
`CONTACT
`
`https://mrnicelondon.com/collections/cbd/products/nice-cbd-e-liquid-mango-kush-300mg
`
`4/4
`
`EXHIBIT A - PAGE 034
`
`

`

`11/29/22, 12:47 PM
`
`NICE VARSITY SWEATER – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`NICE VARSITY SWEATER
`
`     No reviews
`
`£90.00
`
`0
`
`Super soft and warm. The grey 'NICE' Varsity sweatshirt is a comfortable classic with a ribbed
`crewneck. Embellished with the NICE logo in collegiate lettering.
`
`https://mrnicelondon.com/collections/all/products/nice-college-sweater
`
`1/4
`
`EXHIBIT A - PAGE 035
`
`

`

`11/29/22, 12:47 PM
`
`NICE VARSITY SWEATER – Mr NICE London
`
`S
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`ADD TO BAG
`
`WE KEEP IT NICE
`
`MATERIALS
`
`MORE NICE PRODUCTS
`
`CUSTOMER REVIEWS
`
`     No reviews yet
`
`0
`
`https://mrnicelondon.com/collections/all/products/nice-college-sweater
`
`2/4
`
`EXHIBIT A - PAGE 036
`
`

`

`11/29/22, 12:51 PM
`
`Omura SeriesX Heat-not-Burn Device + 2 Stick Packs – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`OMURA SERIESX HEAT-NOT-BURN DEVICE +
`2 STICK PACKS
`
`     No reviews
`
`£99.00
`
`The Omura Series X is a first of its kind whole flower vaporizer. The new Series X has a dual heat
`source oven inside. The oven uses Heat-not-Burn technology to gently heat the whole flower
`th
`h
`t
`t d h
`t
`Th
`t
`h
`d i
`li d i
`b
`d i
`
`i
`
`https://mrnicelondon.com/collections/smoking-accessories/products/omura-vape-device-2-stick-packs
`
`1/4
`
`EXHIBIT A - PAGE 037
`
`

`

`11/29/22, 12:51 PM
`
`Omura SeriesX Heat-not-Burn Device + 2 Stick Packs – Mr NICE London
`
`through a patented heat curve. These components are housed in a slim design by award winning
` FREE UK SHIPPING ON ORDERS OVER £50
`industrial designer Michael Young, offering one of the smallest and technically sophisticated heat-
`not-burn devices in the market. The device comes with a matching charging base and two empty
`0
`stick packs.
`
`BLACK
`
`ADD TO BAG
`
`MORE NICE PRODUCTS
`
`Murano Tips
`£20.00
`
`Good Buds Christmas Card
`£3.50
`
`https://mrnicelondon.com/collections/smoking-accessories/products/omura-vape-device-2-stick-packs
`
`2/4
`
`EXHIBIT A - PAGE 038
`
`

`

`11/29/22, 12:51 PM
`
`Omura SeriesX Heat-not-Burn Device + 2 Stick Packs – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`Becoming Mr NICE: The Howard Marks Archive
`£19.99
`
`SMOKING KIT
`£49.00
`
`4/20 ROACH BOOK
`£18.00
`
`NICE STICKER PACK
`£6.00
`
`CUSTOMER REVIEWS
`
`     No reviews yet
`
`https://mrnicelondon.com/collections/smoking-accessories/products/omura-vape-device-2-stick-packs
`
`3/4
`
`EXHIBIT A - PAGE 039
`
`

`

`11/29/22, 12:51 PM
`
`Omura SeriesX Heat-not-Burn Device + 2 Stick Packs – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`Receive 10 % off your first order by signing up to our mailing list
`
`Your Email
`
`ENTER
`
`By agreeing you accept our Terms and Conditions + Privacy Policy and you
`agree to join our database
`
`LEGAL
`PRIVACY POLICY
`COOKIE POLICY
`RETURNS
`CONTACT
`
`https://mrnicelondon.com/collections/smoking-accessories/products/omura-vape-device-2-stick-packs
`
`4/4
`
`EXHIBIT A - PAGE 040
`
`

`

`11/29/22, 12:53 PM
`
`SKIN HEALER CBD BATH BOMB (LARGE) – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`SKIN HEALER CBD BATH BOMB (LARGE)
`£11.00
`
`Melt the bad vibes away. A natural remedy for eczema, inflammation and sensitive skin...
`
`
`
`https://mrnicelondon.com/collections/cbd/products/mr-nice-skin-healer-cbd-bath-bomb
`
`1/4
`
`EXHIBIT A - PAGE 041
`
`

`

`11/29/22, 12:53 PM
`
`SKIN HEALER CBD BATH BOMB (LARGE) – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`ADD TO BAG
`
`0
`
`INGREDIENTS
`WE KEEP IT NICE
`
`MORE NICE PRODUCTS
`
`10% ORGANIC CBD OIL
`£58.00
`
`5% ORGANIC CBD OIL
`£30.00
`
`https://mrnicelondon.com/collections/cbd/products/mr-nice-skin-healer-cbd-bath-bomb
`
`2/4
`
`EXHIBIT A - PAGE 042
`
`

`

`11/29/22, 12:53 PM
`
`SKIN HEALER CBD BATH BOMB (LARGE) – Mr NICE London
`
`ORGANIC HEMP TEA - 30g
`£7.00
`
` FREE UK SHIPPING ON ORDERS OVER £50
`MOOD BOOSTER CBD BATH BOMB (LARGE)
`£11.00
`
`0
`
`SKIN HEALER CBD BATH BOMB (SMALL)
`£6.00
`
`MOOD BOOSTER CBD BATH BOMB (SMALL)
`£6.00
`
`https://mrnicelondon.com/collections/cbd/products/mr-nice-skin-healer-cbd-bath-bomb
`
`3/4
`
`EXHIBIT A - PAGE 043
`
`

`

`11/29/22, 12:53 PM
`
`SKIN HEALER CBD BATH BOMB (LARGE) – Mr NICE London
`
` FREE UK SHIPPING ON ORDERS OVER £50
`
`0
`
`Receive 10 % off your first order by signing up to our mailing list
`
`Your Email
`
`ENTER
`
`By agreeing you accept our Terms and Conditions + Privacy Policy and you
`agree to join our database
`
`LEGAL
`PRIVACY POLICY
`COOKIE POLICY
`RETURNS
`CONTACT
`
`https://mrnicelondon.com/collections/cbd/products/mr-nice-skin-healer-cbd-bath-bomb
`
`4/4
`
`EXHIBIT A - PAGE 044
`
`

`

`
`
`EXHIBIT B
`EXHIBIT B
`
`

`

`11/28/22, 10:02 PM
`
`E-Liquid Vaporizers | Smoke Cartel
`
`Cyber Monday → Last
`chance for up to 30% off
`sitewide
`
`Hurry! - Ends in 2 Hours, 3 Minutes, 3
`Seconds
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`0
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`Use the Coupon Code
`BFCM2022
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`1/28
`
`EXHIBIT B - PAGE 001
`
`Smoke CartelHome › Categories › CBD › CBD Pre-Rolls
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`CBD Pre-Rolls
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`Life is hard enough. Why make it harder by trying to roll your own hemp?
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`11/28/22, 10:02 PM
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`E-Liquid Vaporizers | Smoke Cartel
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`https://www.smokecartel.com/collections/cbd-pre-rolls
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`EXHIBIT B - PAGE 002
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`Let's be honest. Nobody knows how to roll a joint. If you do, good for you. Enjoy all the external
`validation of being popular and socially sought after.
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`But for the rest of us, who can barely even pass a joint, this process has already been done. All you have
`to do is pay money on the internet.
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`Unlike the joints you're probably used to, these joints are rolled from CBD hemp flower, meaning they're
`100% legal in all 50 states. 
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`CBD hemp flower is known for its soothing benefits for your mind and body. And there is no better way
`to enjoy all of CBD's relaxing benefits than through a "phat" rip. AND, there is no better way to enjoy a
`"phat" rip, than through a pre-rolled hemp flower joint.
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`No work, no rigamaroles, no mess, no social pressure, no blows to your self image. Just an expertly-
`rolled portion of hemp flower every time. 
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`11/28/22, 10:02 PM
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