throbber
Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1280291
`
`Filing date:
`
`04/23/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91280840
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Central Coast Agriculture, Inc.
`
`NATHANIEL L. FINTZ
`ZUBER LAWLER LLP
`260 MADISON AVENUE, SUITE 8021
`NEW YORK, NY 10016
`UNITED STATES
`Primary email: trademarkprosecution@zuberlawler.com
`Secondary email(s): tzuber@zuberlawler.com, nfintz@zuberlawler.com,
`lwan@zuberlawler.com, kkawai@zuberlawler.com
`212-899-9830
`
`Other Motions/Submissions
`
`Nathaniel L. Fintz
`
`trademarkprosecution@zuberlawler.com, nfintz@zuberlawler.com,
`lwan@zuberlawler.com, kkawai@zuberlawler.com
`
`/Nathaniel Fintz/
`
`04/23/2023
`
`Doc 34 -- Exhibit 57 part 1.pdf(3713607 bytes )
`Doc 35 -- Exhibit 57 part 2.pdf(3374863 bytes )
`Doc 36 -- Exhibits 58-60.pdf(5104748 bytes )
`Doc 37 -- Appendix A.pdf(379143 bytes )
`
`

`

`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Ser. No.:
`Mark:
`
`88982947
`
`REFINED LIVE RESIN
`
`Filing Date:
`
`Jun. 25, 2019
`
`ADAPTIVE ENERGY LLC
`
`Plaintiff,
`
`
`DEFENDANT’S ANSWER AND COUNTERCLAIM
`
`Opposition No.: 91280840
`
`CENTRAL COAST AGRICULTURE,
`INC.
`
`Defendant.
`
`EXHIBIT 57
`Part 1/2
`
`

`

`Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1243417
`
`Filing date:
`
`10/24/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91280840
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Plaintiff
`Adaptive Energy LLC
`
`LISEL M. FERGUSON
`PROCOPIO, CORY, HARGREAVES & SAVITCH LLP
`525 B ST., STE. 2200
`SAN DIEGO, CA 92111
`UNITED STATES
`Primary email: IPLitCalendaring@procopio.com
`Secondary email(s): michele.fuger@procopio.com,
`lisel.ferguson@procopio.com, tiffany.salayer@procopio.com
`6195153207
`
`Motion to Amend Pleading/Amended Pleading
`
`Lisel M. Ferguson
`
`IPLitCalendar@procopio.com, lisel.ferguson@procopio.com,
`tiffany.salayer@procopio.com, michele.fuger@procopio.com
`
`/Lisel M. Ferguson/
`
`10/24/2022
`
`First Amended Notice of Opposition.pdf(59125 bytes )
`Exhibit 1-Website Capture of PURBLACK Live Resin - Authentic Shilajit Resin
`Fulvic Acid.pdf(2849162 bytes )
`Exhibit 1-Part 2 of 2.pdf(585898 bytes )
`Exhibit 2-Product Images.pdf(683634 bytes )
`Exhibit 3-Website Capture of Live Resin _ Premium Cannabis Extract _ Raw
`Garden.pdf(4914974 bytes )
`Exhibit 4-Order Granting CCAs MSJ.pdf(563732 bytes )
`Exhibit 5-CCA Trademarks parent and child marks.pdf(4774449 bytes )
`
`

`

`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`ADAPTIVE ENERGY LLC,
`
`Opposition No.: 91280840
`
`Opposer,
`
`v.
`
`CENTRAL COAST AGRICULTURE,
`INC.,
`
`Applicant.
`
`
`
`Mark: REFINED LIVE RESIN
`Serial No.: 88/982,947
`Filed: June 25, 2019
`Published: September 6, 2022
`
`
`
`
`
`
`FIRST AMENDED NOTICE OF OPPOSITION
`
`Opposer Adaptive Energy LLC (hereinafter “Opposer”) believes it will be damaged by
`
`registration of Applicant Central Coast Agriculture, Inc.’s (“Applicant”) proposed trademark
`
`embodied in Serial No. 88/982,947 filed in International Class 030 on June 25, 2019 as an intent
`
`-to-use application (hereinafter “Applicant’s Mark”). Applicant’s Mark should be denied
`
`registration as its proposed use is likely to cause confusion with the earlier and competing uses of
`
`Opposer’s registered trademark.
`
`As grounds for its opposition, Opposer by and through its attorney of record respectfully
`
`alleges the following:
`
`1. Opposer is a limited liability company located at 1621 Central Avenue, Cheyenne,
`
`Wyoming 82001.
`
`2.
`
`On December 1, 2013, Opposer filed a United States trademark application for
`
`word mark LIVE RESIN, Serial No. 86,132,192 in International Class 005 (“LIVE RESIN
`
`Mark”). Opposer’s LIVE RESIN Mark Registered on November 25, 2014 for “Dietary food
`
`supplements; Dietary supplement for eliminating toxins from the intestinal tract; [Dietary
`
`122633-000OPP02/6320780.2
`
`

`

`
`
`supplemental drinks]; Dietary supplements; Dietary supplements for human consumption; Health
`
`food supplements; Herbal supplements; Herbal supplements for sleeping problems; Mineral food
`
`supplements; Mineral supplements; Nutraceuticals for use as a dietary supplement; Nutritional
`
`supplements; Nutritional supplements in the form of [semisolids and] liquids” registered in
`
`International Class 5.
`
`3.
`
`Opposer’s LIVE RESIN Mark has been continuously used in commerce since at
`
`least June 2012 and has obtained incontestable status.
`
`4.
`
`Opposer uses the LIVE RESIN Mark to, among other things, advertise its
`
`product. Opposer promotes its products and services through its website at
`
`https://purblack.com/. See Exhibit 1.
`
`5.
`
`Opposer has been in the business of manufacturing and distributing its LIVE
`
`RESIN products since June 2012. Opposer has continuously used its LIVE RESIN Mark in
`
`interstate commerce since at least 2012 in connection with the products listed above.
`
`6.
`
`As a result of Opposer’s registration of the LIVE RESIN Mark and its continuous
`
`use in connection with products under said mark, Opposer has developed substantial goodwill in
`
`its mark and the public has come to associate the LIVE RESIN Mark with Opposer.
`
`7.
`
`Opposer has invested a great deal of time and money in promoting its LIVE
`
`RESIN Mark here in the United States and abroad; and is continuing to spend substantial
`
`amounts of time and money in the promotion of the same.
`
`8.
`
`Opposer’s LIVE RESIN Mark has obtained section 8 and 15 status of
`
`incontestability.
`
`9.
`
`Attached hereto are true and correct images of Opposer’s LIVE RESIN product
`
`packaging. See Exhibit 2.
`
`10.
`
`On information and belief, Central Coast Agriculture, Inc. (“Applicant”) is a
`
`corporation organized and existing under the laws of the State of Delaware with an address of 85
`
`West Highway 246, #233 Buellton, California 93427.
`
`122633-000OPP02/6320780.2
`
`

`

`
`
`11.
`
`On June 25, 2019, Applicant filed multiple applications, including an intent-to-
`
`use application for REFINED LIVE RESIN Serial No. 88/982,947 (“Applicant’s Mark”).
`
`12.
`
`Applicant’s Mark was filed in International Class 030 for use with “[d]ried
`
`herbs.”
`
`13.
`
`Applicant’s Mark overlaps with and bears a striking resemblance to Opposer’s
`
`LIVE RESIN Mark. In fact, Applicant’s Mark fully encompasses Opposer’s word mark in its
`
`mark.
`
`Applicant’s Mark
`
`Opposer’s Registered Mark
`
`REFINED LIVE RESIN
`
`LIVE RESIN
`
`Class 30 for “dried herbs”.
`
`Class 05 for “Dietary food supplements;
`
`Dietary supplement for eliminating toxins
`
`from the intestinal tract; [ Dietary
`
`supplemental drinks; ] Dietary
`
`supplements; Dietary supplements for
`
`human consumption; Health food
`
`supplements; Herbal supplements; Herbal
`
`supplements for sleeping problems;
`
`Mineral food supplements; Mineral
`
`supplements; Nutraceuticals for use as a
`
`dietary supplement; Nutritional
`
`supplements; Nutritional supplements in
`
`the form of [ semisolids and ] liquids.”
`
`14.
`
`Both parties use the mark LIVE RESIN in connection with products, i.e. resins.
`
`Applicant’s Mark merely adds the descriptive word REFINED before Opposer’s mark.
`
`15.
`
`Furthermore, if Applicant’s goods are described properly in its application Class
`
`30 appears to be misleading as dried herbs are not generally considered staple foods but more of
`
`122633-000OPP02/6320780.2
`
`

`

`
`
`a pharmaceutical. As can be seen on the Raw Garden’s website at rawgarden.farm, Applicant’s
`
`Mark is actually used in connection with cannabis and requires the consumer to be 21 or older to
`
`access its site. See the capture of Applicant’s website attached hereto as Exhibit 3.
`
`16.
`
`Additionally, comparing Applicant’s Mark and product with Opposer’s registered
`
`mark and products, you see that while the brands are different the use of LIVE RESIN by both
`
`parties is extremely similar. See Exhibits 1 and 3.
`
`17.
`
`On information and belief, Applicant’s packaging is also very similar to
`
`Opposer’s.
`
`18. Moreover, both parties advertise their goods branded as LIVE RESIN via the
`
`internet, which has the likelihood of reaching the same consumers.
`
`19.
`
`If Applicant is permitted to register its mark, said registration will give Applicant
`
`prima facie right to use said mark in International Class 030 for dried herbs. Registration of
`
`Applicant’s Mark will irreparably damage and injure Opposer.
`
`COUNT I
`
`LIKELIHOOD OF CONFUSION
`
`20.
`
`Opposer repeats and realleges each and every allegation of Paragraphs 1 through
`
`19 of this First Amended Notice of Opposition, and incorporates them by reference as if fully set
`
`forth herein.
`
`21.
`
`Opposer’s use and registration of its LIVE RESIN Mark is prior to the filing date
`
`of Applicant’s Mark.
`
`22.
`
`On information and belief, Applicant was aware of Opposer’s LIVE RESIN Mark
`
`at the time it filed its application for Serial Nos. 88/982,947.
`
`23.
`
`On information and belief, the goods and services for which Applicant seeks
`
`registration of its mark and the goods and services associated with Opposer’s Mark are of similar
`
`types, offered or may be offered through the same, substantially the same, and/or related
`
`channels of trade; to the same, substantially the same, and/or related classes of purchasers; and or
`
`may be advertised, marketed and promoted through the same media channels.
`
`122633-000OPP02/6320780.2
`
`

`

`
`
`24.
`
`On information and belief, Applicant’s Mark so closely resembles Opposer’s
`
`LIVE RESIN Mark that potential purchasers of the goods offered under Applicant’s Mark would
`
`likely believe that Opposer is the source of such goods, or that Opposer has authorized,
`
`sponsored, approved of, or in some other manner associated itself with Applicant’s goods,
`
`thereby creating a likelihood of confusion, deception or mistake, all to the damage of Opposer.
`
`25.
`
`Applicant’s use and registration of its proposed mark will lead to confusion,
`
`deception and/or mistake in the general public pursuant to 15 USC § 1052(d) and lead directly to
`
`irreparable damage suffered by Opposer.
`
`26.
`
`Registration of Serial No. 88/982,947 should be denied based on a likelihood of
`
`confusion with Opposer’s LIVE RESIN Mark in violation of § 1052(d).
`COUNT II
`
`LACK OF BONA FIDE INTENT TO USE IN COMMERCE
`
`27.
`
`Opposer repeats and realleges each and every allegation of Paragraphs 1 through
`
`26 of this First Amended Notice of Opposition, and incorporates them by reference as if fully set
`
`forth herein.
`
`28.
`
`Applicant’s Mark was filed under section 1(b) of the Lanham Act, intent-to-use
`
`basis (ITU). An ITU application must include that Applicant had a bona fide intent to use
`
`Applicant’s Mark in commerce in connection with the goods/services in its application.
`
`Furthermore, the USPTO requires that use in commerce to be lawful. CreAgri, Inc. v. USANA
`
`Health Scis., Inc., 474 F.3d 626, 630 (9th Cir. 2007).
`
`29.
`
`Applicant stated that it had, at the time of filing the application, a bona fide
`
`intention to use Applicant’s Mark with the goods identified in the application, dried herbs.
`
`30. While Applicant has not filed a statement of use at this time, Applicant provides
`
`cannabis products under the RAW GARDEN and REFINED LIVE RESIN marks as defined
`
`under the Controlled Substances Act (“CSA”). The USPTO treats these types of products as
`
`illegal.
`
`122633-000OPP02/6320780.2
`
`

`

`
`
`31.
`
`On July 19, 2022, the United States District Court for the District of Arizona
`
`found that Applicant did not have a bona fide use for four of its applications that were filed on or
`
`about February 2017, January 2019, March 2019 and June 2019 respectively. (Exhibit 4 at p. 57,
`
`lines 8-11.) Furthermore, the Court noted that after filing its initial ITU applications, Applicant
`
`divided the 88/328,474, and 88/488,733 (‘474 and ‘733) applications to create forty-two child
`
`applications and that the claims regarding the parent applications applies equally to each of the
`
`child applications. (Id. at p. 45-48; See Exhibit 5 for the division of the applications.)
`
`32.
`
`On June 25, 2019, Applicant filed its ITU application for Applicant’s Mark the
`
`same day as filing the 42 child applications. Furthermore, both Applicant’s Application here and
`
`its child application 88/981,187 are for use with “[d]ried herbs” in International Class 030.
`
`Furthermore, the only difference between the two applications is the ‘187 application is a logo
`
`that contains a plant and the RAW GARDEN language before REFINED LIVE RESIN.
`
`33.
`
`Upon information and belief, Applicant did not have a bona fide intent to use
`
`Applicant’s Mark in connection with the goods listed in its application at the time of filing.
`
`Specifically, any intent to use Applicant’s Mark would have been in connection with illegal
`
`drugs.
`
`34.
`
`Upon information and belief, there is no evidence that, viewed objectively,
`
`demonstrates that Applicant had a bona fide intent, at the time Applicant filed its application, to
`
`use Applicant’s Mark in connection with the goods listed in the application.
`
`35.
`
`Upon information and belief, Applicant cannot show any meaningful action or
`
`investment by Applicant, at the time Applicant filed the application for Applicant’s Mark in
`
`connection with legal goods listed in the application.
`
`36.
`
`Upon information and belief, at the time Applicant filed the application Applicant
`
`intended only to reserve Applicant’s Mark in connection with the goods listed therein.
`
`37.
`
`Registration of Serial No. 88/982,947 should be denied based on Applicant’s lack
`
`of a bona fide intent to use Applicant’s Mark in commerce.
`
`122633-000OPP02/6320780.2
`
`

`

`
`
`CLAIM FOR RELIEF
`
`Based on the foregoing claims and allegations, registration of Serial No. 88/982,947 will
`
`cause injury and damage to Opposer, its rights to the LIVE RESIN Mark, and the use thereof
`
`described herein.
`
`WHEREFORE, Opposer prays the present opposition be sustained and registration of
`
`Serial No. 88/982,947 be refused.
`
`DEPOSIT ACCOUNT AUTHORIZATION
`
`Please charge the requisite filing fee for this Notice of Opposition and any additional fees
`
`to the Procopio Cory Hargreaves & Savitch LLP Deposit Account No. 502075, or credit any
`
`Respectfully submitted,
`
`PROCOPIO, CORY, HARGREAVES &
`SAVITCH LLP
`
`
`By:
`
`
`/Lisel M. Ferguson/
`Lisel M. Ferguson, Reg. No. 48,139
`525 B Street, Suite 2200
`San Diego, California 92101
`Tel: (619) 515-3207
`Fax: (619) 744-5407
`
`IPLitCalendaring@procopio.com,
`lisel.ferguson@procopio.com,
`michele.fuger@procopio.com,
`tiffany.salayer@procopio.com
`Attorneys for Opposer,
`ADAPTIVE ENERGY LLC
`
`overpayment to this account.
`
`DATED: October 24, 2022
`
`
`
`
`122633-000OPP02/6320780.2
`
`

`

`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the foregoing FIRST AMENDED
`
`NOTICE OF OPPOSITION has been served on Central Coast Agriculture, Inc. by email upon
`
`uploading to ESTTA on October 24, 2022 to counsel for Applicant, as follows:
`
`NATHANIEL L. FINTZ
`ZUBER LAWLER LLP
`ONE PENN PLAZA, SUITE 4430
`NEW YORK, NEW YORK UNITED STATES 10119
`Correspondent e-mail: trademarkprosecution@zuberlawler.com;
`tzuber@zuberlawler.com; nfintz@zuberlawler.com; lwan@zuberlawler.com;
`kkawai@zuberlawler.com
`Attorney for Applicant, Central Coast Agriculture, Inc.
`
`
`
`Dated: October 24, 2022
`
`By: /Lisel M. Ferguson/
`Attorney for Opposer,
`ADAPTIVE ENERGY LLC
`
`
`
`122633-000OPP02/6320780.2
`
`

`

`EXHIBIT “1”
`EXHIBIT “1”
`Part 1 of 2
`Part 1 of 2
`
`

`

`3/4/22, 2:12 PM
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`PÜRBLACK Live Resin - Authentic Shilajit Resin Fulvic Acid
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`3/4/22, 2:12 PM
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`PÜRBLACK Live Resin - Authentic Shilajit Resin Fulvic Acid
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`WHY CHOOSE PÜRBLACK
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`3/4/22, 2:12 PM
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`PÜRBLACK Live Resin - Authentic Shilajit Resin Fulvic Acid
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`3/4/22, 2:12 PM
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`PÜRBLACK Live Resin - Authentic Shilajit Resin Fulvic Acid
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`EXHIBIT 1
`Part 2 of 2
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`Safety, Authenticity and Transparency
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`CONVVVVEENNNNIIEENNNNCE
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`3/4/22, 2:12 PM
`
`PÜRBLACK Live Resin - Authentic Shilajit Resin Fulvic Acid
`
`COMMITMENNNT TOOO TTTRRAANNSSSPPAPP RENCY
`
`Pürblack is committed to transparency and discloses all laboratory results establishing the authenticity and safety of our Live Resin line of products. We fully disclose the
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`names of the third-party laboratories that have tested the resin, of both foreign and domestic origins, and the date and time the tests were conducted. We update our
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`authenticity and safety certificates yearly.
`
`I BUY
`
`https://purblack.com
`
`HelpHelpHelpHelpHelpHelpHelpHelpHelpHelpHelp
`
`7/12
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`

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`3/4/22, 2:12 PM
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`PÜRBLACK Live Resin - Authentic Shilajit Resin Fulvic Acid
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`AVAA AVV ILABLLLEE WWWWOOORRLLDDWIDE
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`Pürblack will ship its Live Resin products to most countries through its ever-growing network of distributors. We highly recommend purchasing directly from Pürblack.com
`
`or through our distributors to avoid counterfeits and fakes.
`
`Get your jar through our list of authorized distributors.
`
`We also offer our Pürblack Live Resin in Amazon.com under the name Adaptive Energy LLC.
`
`Consumer Warning: Do not purchase Pürblack Live Resin products online from any private party or company not listed above or when not verified by Pürblack as a
`
`distributor or seller. If you think that you received a counterfeit Pürblack Live Resin, send us an email with a photo of the jar information, including your receipts and where
`
`you have purchased it. We will immediately conduct an investigation to ascertain if your jar is counterfeit or not. Pürblack highly values your health and safety and takes
`
`matters like counterfeiting seriously.
`
`I BUY
`
`https://purblack.com
`
`HelpHelpHelpHelpHelpHelpHelpHelpHelpHelpHelp
`
`8/12
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`

`3/4/22, 2:12 PM
`
`PÜRBLACK Live Resin - Authentic Shilajit Resin Fulvic Acid
`
`PÜRBLACK FOR BODY HEALTH
`
`Pürblack supports healthy bodily function and allows the user to achieve his optimum best. High-quality resin provides your body with rare
`
`microminerals, metabolites and powerful antioxidant-mimicking natural substances. Regenerative properties are perhaps one of the top benefits of
`
`Pürblack. Traditional Ayurvedic practices utilized mineral pitch for “rebuilding” the human body in a healthy, holistic way.
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`EFFECTIVE(cid:99)WEIGHT MANAGEMENT
`
`When properly processed, shilajit helps the body utilize food more efficiently. When managing weight, it can help increase calories burned to allow the
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`user to reach weight loss goals more quickly.
`
`https://purblack.com
`
`HelpHelpHelpHelpHelpHelpHelpHelpHelpHelpHelp
`
`9/12
`
`

`

`3/4/22, 2:12 PM
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`PÜRBLACK Live Resin - Authentic Shilajit Resin Fulvic Acid
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`HEALTHY INFLAMMATION &(cid:99)IMMUNE RESPONSE
`
`Pürblack supports healthy immune response. Shilajit was traditionally used by practitioners as a nutritive supplement for immune health. It:
`
`(cid:149)
`(cid:149)
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`Stimulates a healthy response to inflammation
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`Supports a healthy lifestyle against the inflammatory effects
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`Natural substances found in the resin demonstrate antioxidant properties that support healthy and graceful aging.
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`HEALTHY BONE MARROW(cid:99)AND BLOOD
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`Pürblack resin supports the formation of healthy, mineral-rich bone marrow responsible for producing healthy blood cells in charge of transporting
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`oxygen and nutrients throughout the body. Other Pürblack benefits include wholesome blood sugar support through healthy insulin production, and
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`promotion of proper heart function.
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`SHILAJIT FOR MENTAL PERFORMANCE
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`Pürblack builds resilience against physical and mental stressors. It keeps the mind and emotions calm and balanced throughout the day. Many Pürblack
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`users report feeling being grounded, relaxed, better focused, and less susceptible to emotional challenges.
`
`Pürblack shilajit is adapts your body and mind to stressors and helps you counter them.
`
`FDA DISCLAIMER:
`
`The Food and Drug Administration has not evaluated these statements. This product is not intended to diagnose, treat, cure, or prevent any disease.
`
`PERFORMANCE ENHANCER, NATURALLY
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`Pürblack resin offers a pronounced adaptogenic effect on the body without the side effects of feeling a “burnt out.” Overall performance is improved
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`when incorporating shilajit resin to your daily lifestyle routine and in fitness training.
`
`https://purblack.com
`
`HelpHelpHelpHelpHelpHelpHelpHelpHelpHelpHelp
`
`10/12
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`

`

`3/4/22, 2:12 PM
`
`PÜRBLACK Live Resin - Authentic Shilajit Resin Fulvic Acid
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`Combining shilajit with herbal plants like mushrooms and ashwagandha is an old Ayurvedic practice still being used today to augment the benefits of
`
`each component.
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`SHILAJIT LIFESTYLE BENEFITS
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`Shilajit , also called mineral pitch, mumijo, or mumie, is highly regarded in Ayurveda and has a long history of use. Shilajit resin was thought to have been
`
`discovered in the high mountains of the Himalayas but anecdotal reports show that natives who climb the mountain ranges of Altai and Siberia have
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`been using it for earlier and where it was referred to as mumie. It is considered as a supreme health substance in Ayurvedic practice. The health benefits
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`of shilajit are well-documented, and Pürblack is committed to bringing these benefits to the market through a high-quality and high-efficacy resin that is
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`closest to what is found in nature.
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`Traditionally, practitioners used it to support strong health, as well as to tone and strengthen the body. Modern science, to an extent, confirms and
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`validates much of the knowledge of the properties holistic practitioners have known and used from antiquity. Shilajit’s well-established health benefits
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`extend over a wide range, from its potent antioxidant properties to its use as a powerful aid in tissue regeneration.
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`ADAPTABLE SLEEP
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`Pürblack has a multidirectional effect on the quality of sleep-and-wake states of the body. It aids the mind and body in handling sleep deprivation and
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`disturbances in sleep patterns.
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`DIMINISHES JET LAG
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`Pürblack boosts the body’s natural ability to adapt to changes to your circadian rhythms.
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`HERBS AMPLIFIED
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`Shilajit was used in Ayurvedic practice to improve the efficacy of different herbs like Ashwagandha. It also stimulates your body to help control the
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`effects of tolerance development — where the effectivity of other substances is greatly diminished.
`
`Pürblack
`
`Adaptive Energy LLC
`
`2012 - 2022
`
`Copyright. All rights reserved.
`
`https://purblack.com
`
`PRIVACY
`
`SHIPPING &
`
`TERMS &
`
`EDITORIAL
`
`CONTACT
`
`DISCLAIMER
`
`POLICY
`
`RETURNS
`
`CONDITIONS
`
`GUIDELINES
`
`US
`
`SITEMAP O M N L
`
`Subscribe to our
`
`newsletter
`
`HelpHelpHelpHelpHelpHelpHelpHelpHelpHelpHelp
`
`11/12
`
`

`

`3/4/22, 2:12 PM
`
`PÜRBLACK Live Resin - Authentic Shilajit Resin Fulvic Acid
`
`En Es Fr De
`
`https://purblack.com
`
`HelpHelpHelpHelpHelpHelpHelpHelpHelpHelpHelp
`
`12/12
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`

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`EXHIBIT ‘°2”
`EXHIBIT “2”
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`

`

`
`
`
`
`
`
`- 1 -
`
`

`

`—
`
`All Pirblack® products
`manufactured under patents:
`US Patent #US 10.130.656 B2
`US Patent #US 10.967.004 B2
`US Patent Apl.#63197850
`
`Piirscale™ and Miniscale™:
`US Patent #US 9.903
`US Patent #US 10.184.81&
`
`
`
`- 2 -
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`

`

`
`
`
`
`- 3 -
`
`

`

`1
`
`
`
`
`
`
`
`Pier |
`ple
`'
`on
`
`- Keep resin refrigeratedorstoreIn freezer.
`. Resin stuck to the seal:
`Put in the freezer for 3-
`Peel the seal off the resin.
`
`
`
`
`
`- 4 -
`
`The daily
`dose depends
`on many factors-
`i™
`Efestiyle
`werght—s
`. atc
`
`
`
`

`

`=
`
` 's (© experimert
`
`and find Or orvirink
`
`
`
`- 5 -
`
`

`

`
`
`- 6 -
`
`

`

`;
`
`ieal
`
`Fttoe
`
`
`
`- 7 -
`
`

`

`
`
`- 8 -
`
`

`

`
`
`- 9 -
`
`

`

`Adults take 0.) o. () serving)
`ts OS g (5 servings) dally.
`The amount depends
`on desired efficacy
`ere se Meh) Pers
`PeeaMel with
`Pee tL)
`beverage and drink
`
`Genuine Shilajit
`
`OTeae
`Live Resin”
`
`- 10 -
`
`Fs
`a
`
`
`
`

`

`Pateaie Adaptive Energy Wore
`
`MADEIN USA
`Purblack®, BNee ceildt
`alk Rabbit™,
`Pirscale™, NTeeeae
`
`a creer
`ileal a t Resin.
`High Tech Shilaji
`
`
`
`- 11 -
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT ‘°3”
`EXHIBIT “3”
`
`

`

`3/4/22, 8:39 AM
`
`Live Resin | Premium Cannabis Extract | Raw Garden™
`
`Special announcement and release of new products coming soon. Sign up to get the update!
`
`(https://rawgarden.farm/#opt-in)
`
`Special announcement and release of new products coming soon.
`
`Sign up to get the update! (https://rawgarden.farm/#mobileopt-in)
`
`(/)
`
`a
`
`Live Resin
`
`
`
` (/stores)Find a Retailer or Order Delivery
`
`(/)
`
`(/stores)
`
`https://rawgarden.farm/products/live-resin/
`
`1/10
`
`

`

`3/4/22, 8:39 AM
`
`Live Resin | Premium Cannabis Extract | Raw Garden™
`
`Special announcement and release of new products coming soon. Sign up to get the update!
`
`Made from our Clean Green Certified cannabis flower using organically-based farming
`
`(https://rawgarden.farm/#opt-in)
`
`techniques. Raw Garden cryogenically flash-freezes the flower at harvest in order to
`
`preserve the plant’s unique cannabinoid and terpene profiles. Contains approximately 4-
`
`Special announcement and release of new products coming soon.
`
`7% terpenes and comes in a drier consistency than Raw Garden Sauce.
`
`X
`
`Sign up to get the update! (https://rawgarden.farm/#mobileopt-in)
`
`(/)
`
`
`
` (/retailer)Find a Retailer
`
`a
`
`Never miss a Raw Garden update
`
`
`
` (/stores)Find a Retailer or Order Delivery
`
`again.
`
`Deals, promos, and special releases? Sign up and be the first to know.
`
`(/)
`
`(/stores)
`
`Latest Releases
`
`Email
`
`Sign Up
`
`You may opt-out of our emails at any time.
`
`
`
`Please see our privacy policy (/privacy) for more information.
`
`
`
`03/07/2022
`
`220000114 DIESEL CHASER LIVE RESIN
`
`(https://6s4f01zxhrh2m06j24xn457z-
`
`wpengine.netdna-ssl.com/wp-
`
`content/uploads/2022/03/220000114-
`
`No Thanks
`
`Diesel-Chaser-Live-Resin.pdf)
`
`03/07/2022
`
`220000117 DREAM TEAM LIVE RESIN
`
`(https://6s4f01zxhrh2m06j24xn457z-
`
`wpengine.netdna-ssl.com/wp-
`
`content/uploads/2022/03/220000117-
`
`Dream-Team-Live-Resin.pdf)
`
`03/07/2022
`
`220000179 LEMON BLOSSOM LIVE RESIN
`
`(https://6s4f01zxhrh2m06j24xn457z-
`
`wpengine.netdna-ssl.com/wp-
`
`content/uploads/2022/03/220000179-
`
`Lemon-Blossom-Live-Resin.pdf)
`
`02/28/2022
`
`220000057 PAI GOW WOOKIES LIVE RESIN
`
`https://rawgarden.farm/products/live-resin/
`
`2/10
`
`

`

`3/4/22, 8:39 AM
`
`Live Resin | Premium Cannabis Extract | Raw Garden™
`
`Special announcement and release of new products coming soon. Sign up to get the update!
`
`(https://rawgarden.farm/#opt-in)
`
`Special announcement and release of new products coming soon.
`
`X
`
`Sign up to get the update! (https://rawgarden.farm/#mobileopt-in)
`
`(/)
`
`a
`
`Never miss a Raw Garden update
`
`
`
` (/stores)Find a Retailer or Order Delivery
`
`again.
`
`Deals, promos, and special releases? Sign up and be the first to know.
`
`(/)
`
`(/stores)
`
`Email
`
`Sign Up
`
`You may opt-out of our emails at any time.
`
`
`
`Please see our privacy policy (/privacy) for more information.
`
`
`
`No Thanks
`
`https://rawgarden.farm/products/live-resin/
`
`3/10
`
`

`

`3/4/22, 8:39 AM
`
`Live Resin | Premium Cannabis Extract | Raw Garden™
`
`Special announcement and release of new products coming soon. Sign up to get the update!
`
`(https://rawgarden.farm/#opt-in)
`
`Special announcement and release of new products coming soon.
`
`X
`
`Sign up to get the update! (https://rawgarden.farm/#mobileopt-in)
`
`(/)
`
`a
`
`Never miss a Raw Garden update
`
`
`
` (/stores)Find a Retailer or Order Delivery
`
`again.
`
`Deals, promos, and special releases? Sign up and be the first to know.
`
`(/)
`
`(/stores)
`
`Why Raw Garden Live
`
`Resin?
`
`Email
`
`Sign Up
`
`We make products grown from our own seeds, and we use only
`
`You may opt-out of our emails at any time.
`
`
`
`Please see our privacy policy (/privacy) for more information.
`
`
`
`the best Cannabis flowers as the source. Our unique harvesting
`
`process utilizes a state-of-the-art Cryogenic freezing

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