TTAB
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`ORIGINAL
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`_ _ _ _ _ _ _ _ _ _ _ _ — _ — — _ _ — — — — — _ — — — — — — _ _ _ — — — — — — — — — — — — — — — — — —x
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`FABRIQUE COSMETIQUE ,
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`INC .
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`,
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`Petitioner,
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`V .
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`H o N EY 3 E E GA RD E N s ,
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`I N c .
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`I||||||||||||||||||||||||||!|||||||l||||||l|||||||
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`Re g i S t r‘ a n t .
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`u.s. Pmnta TMOfcITM Mail RcptDt. #10
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`10-03-2005
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`_ — _ _ — — — — _ _ _ — — — — — — _ — — — — — — — — — — — — — _ — _ — — — — — — — — — — — — — — — — — x
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`TRADEMARK REGISTRATION NO.
`
`2,552,813
`
`MARK:
`
`COLORBALM NATURALS
`
`REGISTERED: March 26, 2002
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`_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __x
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`September 15, 2005
`
`12:12 p.m.
`
`Deposition of ROBERT LANG, he1d at 41 Raemont Road,
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`Granite Springs, New York, before Apri1 Peari Schirm,
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`a Court Reporter and Notary Pub1ic of the state of
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`New York.
`
`DHLCO REPORTING, INC. 170 Homilton Hvenuz, white Plains, New “Hork 10601
`
`014 0849009 Fox 914.084.6561 800.Df-M8779 uJLutu_do|cor@portmg.com
`49
`SUGGI, NGLU VOFH, NC’/LU VON-\
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`

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`A P P E A R A N C E S
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`ROBERT LANG,
`
`PRO SE
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`Fabrique Cosmetique, Inc., President
`
`P.0. BOX 351
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`Cross River, New York 10518
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`AKIN GUMP STRAUSS HAUER & FELD, LLP
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`Attorneys for the Registrant
`
`one Commerce square
`
`2005 Market Street
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`Suite 2200
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`Phi1ade1phia, Pennsy1vania, 19103-7013
`
`BY:
`
`LAURA GENOVESE MILLER, ESQ.
`
`:-
`-3__
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`court reportingstlegcl video
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`ROBERT LANG
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`ROBERT LANG,
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`having been first du1y sworn by the
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`Notary Pub1ic (Apri1 Pear1 Schirm), and
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`stating his business address as P.0. Box
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`361, Cross River, New York 10518, was
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`examined and testified as fo11ows:
`
`(Exhibits A and 1 through 17, marked
`
`for identification.)
`
`THE WITNESS:
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`For
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`the record,
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`Exhibit A, my statement
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`in this subject
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`matter,
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`is the truth,
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`the who1e truth and
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`nothing but
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`the truth.
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`MS. MILLER:
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`Do you have anything
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`e1se that you want
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`to put
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`into the record
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`before I move to my part?
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`THE WITNESS:
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`N0.
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`M5. MILLER: Before I start with the
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`ROBERT LANG
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`4
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`cross-examination,
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`I just want
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`to note my
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`objections on the record to the fo11owing
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`exhibits as not having been produced in the
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`course of discovery, and therefore,
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`I object
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`to their appearance at this deposition.
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`And they are Exhibit 5, Exhibit 6
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`Exhibit 7, Exhibit 9, Exhibit 13, Exhibit 14,
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`Exhibit 15, Exhibit 16 and Exhibit 17.
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`I'm
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`a1so objecting to Exhibit 10 because
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`information reiating to a different version of
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`this exhibit was requested in the course of
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`discovery and was not provided.
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`And for that
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`reason,
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`I'm going to object and move to strike
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`a11 of those exhibits.
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`THE WITNESS: Actua11y,
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`those
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`exhibits —— there's two things, first off,
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`a
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`1arge number of those exhibits are invoices
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`and to be very honest with you, we simp1y,
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`in
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`the origina1 discovery, had never thought of
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`invoices as a source of information,
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`just as,
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`for the record, you didn't either. Meiissa
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`provided me with none of the invoices that we
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`had sent her.
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`To that extent, we probab1y
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`both made the same error.
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`And I see no reason
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`ROBERT LANG
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`5
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`why an objection shou1d be sustained because I
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`don't think it interferes -— in other words,
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`if you had this information before, it
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`wou1dn't have changed anything. There is no
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`difference that you can have.
`Exhibit 17,
`the Goog1ing,
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`that was
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`something which we just happened to think of
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`afterwards. And, again,
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`this is information
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`that has a1ways been avai1ab1e.
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`So you know,
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`in other words,
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`I don't think we've hidden
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`anything from you that wou1d materia11y affect
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`your case in any way.
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`And we didn't
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`intentiona11y withho1d anything from you.
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`Just as it deve1oped,
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`the Goog1ing was
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`actua11y a matter of just trying to present a
`
`case. Here is a way to prove our case.
`
`It
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`wasn't
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`rea11y information that we had at that
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`time.
`
`Ms. MILLER:
`
`It's too 1ate at this
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`stage in the game to bring it in.
`
`If what you
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`say is true, and it makes no difference,
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`then
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`why shou1d you re1y on it.
`
`THE WITNESS:
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`It wou'|d not
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`in any
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`way affect your case.
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`In other words, it's
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`ROBERT LANG
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`not something where I withhe1d information
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`from you which wou1d he1p prove your case.
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`If
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`anything, it's more negative information
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`against your c1ient.
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`But Goog1ing,
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`I don't see any
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`prob1em with Goog1ing.
`
`I think Goog1ing is
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`simp1y a matter not of information that wou1d
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`come in on discovery but
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`information that
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`changes any day of the week, which obvious1y
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`I'm a11owed to present
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`information that proves
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`my case in my testimony. Rather than just
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`reference it -- I cou1d have referenced it in
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`testimony, but I'm showing the Goog1e.
`
`I
`
`don't see anything wrong with the Goog1e.
`
`MS. MILLER:
`
`we don't need to argue
`
`the point now.
`
`I'm just noting for the record
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`that --
`
`THE WITNESS:
`
`I'm just noting for
`
`the record --
`
`Ms. MILLER:
`
`Let me finish ta1king
`
`and then you can ta1k.
`
`THE WITNESS: Okay.
`
`MS. MILLER:
`
`I just want it on the
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`record that I'm objecting to a11 of those
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`Jul:
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`ROBERT LANG
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`7
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`exhibits I just "listed, and I wi11 be moving
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`to strike them shou1d you seek to enter them
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`by means of notice of re1iance.
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`THE WITNESS:
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`I wi11 enter them and,
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`you know, you can object.
`your objection.
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`And I object to
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`i
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`EXAMINATION BY
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`MS. MILLER:
`
`Q.
`
`Looking at your sworn testimony, Exhibit
`
`A, paragraph 2, you say that you so1d 1ipstick
`
`bearing the name Co1orBa1m as of January 1, 1999.
`
`who did you se11 that to?
`
`A.
`
`Q.
`
`No,
`
`I said we offered it for sa1e.
`
`It a1so says, and have so1d in
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`interstate commerce.
`
`A.
`
`Since January 1, 1999. Later on, as we
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`get into some of the invoices, it took a whi1e before
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`we actua11y so1d it to anybody.
`
`I didn't say we
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`actua11y so1d it in January but we offered it for
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`sa1e.
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`Q.
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`And was Honeybee Gardens your first
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`customer?
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`ROBERT LANG
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`8
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`A.
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`Honeybee Gardens was probabiy the first
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`one. There were a coup1e about
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`the same time.
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`They
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`were probab1y the first one that actua11y ordered it
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`as Co1orBa1m.
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`Q.
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`A.
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`Q.
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`That was
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`in or around September of 2000?
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`Right.
`
`Do you have any evidence of sa1es prior
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`to your sa1e to Me1issa —— I'm sorry —— prior to your
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`sa1es to Honeybee Gardens?
`
`A.
`
`Q.
`
`No.
`
`Turning to Exhibits 1,
`
`2 and 3, do you
`
`have any documentation concerning when these pieces
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`were first created?
`
`A.
`
`Unfortunate1y, no,
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`there is no way to do
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`that because we create them on demand in the
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`computer.
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`In other words,
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`if you have a customer,
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`you create it.
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`And because of that, every time you
`
`open the document and print out another one and
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`resave it, you are saving it with a different save
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`date.
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`so I can't go back and do a screen shot and
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`say January 1st.
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`so you have to depend on that I'm
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`not 1ying.
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`Q.
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`what about
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`the photographs that appear on
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`these pieces?
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`In Exhibits 1,
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`2 and 3,
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`there is a
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`ROBERT LANG
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`9
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`photograph both on the 1ower right and on the upper
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`1eft.
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`A.
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`Q.
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`Right.
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`They were taken prior to then.
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`Do you have information on when the
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`photos were taken?
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`A.
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`I don't know how I wou1d get that,
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`to be
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`very honest with you.
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`Q.
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`A.
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`Q.
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`A.
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`Did you purchase the photos?
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`we had a mode1 and photographer do them.
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`And did they invoice you for that work?
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`They probab1y did, but it was back —— you
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`know, it was even maybe a year or two before I
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`mention here.
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`I have no idea where the invoice wou1d
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`be at this point. Unfortunate1y, with everything
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`e1se, with space constraints —— you know, it wou1d be
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`nice proof.
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`If I had it, I'd be g1ad to have
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`inc1uded it as Exhibit 18.
`
`Q.
`
`Is it your testimony that Exhibit
`
`5
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`is
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`the first invoice that was sent
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`to Honeybee Gardens?
`
`A.
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`No. Actua11y,
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`the first invoice was
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`probab1y,
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`I think the one fo11owing it. Yeah,
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`Exhibit 6.
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`ROBERT LANG
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`10
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`A.
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`If I
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`remember correctiy, it went 6, 7,
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`5
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`Q.
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`I'm 1ooking at paragraph 4 of your
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`testimony that says, quote:
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`we de1ivered the first
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`production batch of finished product on 12/12/2000,
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`parentheses, Exhibit 5.
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`A.
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`Q.
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`A.
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`Right.
`
`Is that,
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`therefore,
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`incorrect?
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`No.
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`You said the first invoice to
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`Honeybee Gardens.
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`The first invoice re1evant
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`to the
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`product was the F1exo p1ates for the shrink bands.
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`The second invoice reiative to the product was that
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`we sent sampies to some of her reps.
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`Q.
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`A.
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`Q.
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`That is ref1ected on Exhibit 7?
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`Exhibit 7, right.
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`Looking at Exhibit 8, did you ever have
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`this agreement signed?
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`A.
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`Q.
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`A.
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`I signed it when I sent it.
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`And did Honeybee Gardens ever sign it?
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`No.
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`I didn't put it in the form of
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`something to be signed.
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`we had a verba1 agreement,
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`and I just was
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`reminding her of it.
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`Q.
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`At
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`the top it's captioned Trademark
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`License Renewa1.
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`ROBERT LANG
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`11
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`A.
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`Q.
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`with her?
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`Right.
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`Did you have a previous trademark 1icense
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`A.
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`we had the verba1 agreement that she
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`cou1d use it.
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`Q.
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`A.
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`But nothing in writing?
`
`Nothing in writing.
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`If I had that, you
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`and I wou1dn't be sitting here today.
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`Q.
`
`Turning now to paragraph 6 of your
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`testimony, did Honeybee Gardens know that you were
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`se11ing Co1orBa1m 1ipstick to Ricky's?
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`A.
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`Q.
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`Yeah, we made no secret of it.
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`Did you te11 Honeybee specifica11y that
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`you were se11ing to Ricky's?
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`A.
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`I can't
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`remember,
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`to be honest with you.
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`I mean, as I stated here, it was basica11y a1ways our
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`goa1 to try not
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`to pit —— I mean,
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`I wou1d never have
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`so1d to somebody in the hea1th food market.
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`so if we
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`did,
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`I didn't make it a point of raising a f1ag and
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`saying, hey, we are se11ing.
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`Q.
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`when you sent
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`the product
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`to Ricky's, did
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`you a1ready have the Co1orBa1m trademark on it, on
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`the products?
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`A.
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`It was on the 1abe1s we put on for them,
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`yes.
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`we 1abe1ed it for them and had it on there.
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`ROBERT LANG
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`12
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`Q.
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`And I don't think you have produced any
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`of those.
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`A.
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`I don't have any of those.
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`No way in the
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`wor1d we keep samp1es of everything we ever made.
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`we
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`wou1d have a bui1ding just for samp1es.
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`Incidenta11y, you mentioned in your
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`objections the change in the Tota11y Koo1 1abe1.
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`one
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`of the reasons I did a different 1abe1 than the one
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`that I had shown you origina11y was, if you remember,
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`the one origina11y was kind of unreadab1e because it
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`was missing type faces, and this was a version that
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`was
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`readab1e.
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`Q.
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`A.
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`Q.
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`Okay.
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`$0 I actua11y made it easier for you.
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`I'm keeping my objection because you may
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`reca11 that there were fo11ow-up requests concerning
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`this sheet of 1abe1s and another sheet of 1abe1s to
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`get
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`the access to the computer fi1es which generated
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`them, and those materia1s were not made avai1ab1e to
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`us.
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`A.
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`To be honest with you, again,
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`I just
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`found them.
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`I just found the disk with it on it.
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`And I just found —— I had just bought a disk reader
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`that wou1d read the 01d disks. Unfortunateiy,
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`in
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`ROBERT LANG
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`13
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`this wor1d, you have those 1itt1e f1oppy disks and if
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`you are on a McIntosh, nobody uses them anymore.
`
`They are Tong gone history.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Sti11, we made that request.
`
`I understand.
`
`And our request wasn't compiied with.
`
`I understand.
`
`I'm sorry. Again,
`
`I don't
`
`think it makes any —— it's of no materiai difference.
`
`Because had I done it,
`
`this is what you wou1d have
`
`gotten.
`
`A11 it does is improve my case.
`
`It doesn't
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`he1p your defense.
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`Q.
`
`The point of discovery is to enab1e both
`
`parties to test the opponent's evidence, which is why
`
`you need to have it beforehand.
`
`A.
`
`Q.
`
`I understand that.
`
`I agree with you. This doesn't he1p you
`
`at a11, but sti11 you are putting it in and it's my
`
`job to object to it as improper1y submitted.
`
`A.
`
`It he1ps me.
`
`It doesn't he1p you.
`
`It
`
`he1ps prove what I'm saying about Tota11y Koo1.
`
`Q.
`
`Is there anything on this exhibit that
`
`shows what date you sent this to Tota11y Koo1?
`
`A.
`
`No.
`
`I understand that aspect, but I'm
`
`
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`dale -
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`court rzportingsclegolxxideo
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`hoping that the board recognizes that it wou1d be
`
`ROBERT LANG
`
`14
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`pretty difficuit to sit around and fabricate a11 of
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`this kind of information.
`
`so it's in there to
`
`indicate to peop1e that, yes, we, over time,
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`found
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`materia1s that back up our case.
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`Q.
`
`For how 1ong did you se11 to Tota11y
`
`Koo1?
`
`A.
`
`Q.
`
`I don't
`
`remember.
`
`Did Honeybee Gardens know that you were
`
`se11ing to Tota11y K001?
`
`A.
`
`Again,
`
`I have no way of knowing. Tota11y
`
`Koo'|
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`is a chi1dren's store.
`
`Q.
`
`And who was responsib1e for p1acing the
`
`registration symbo1 after the word Co1orBa1msheer?
`
`A.
`
`I have no idea.
`
`we do the art work for a
`
`1ot of peop1e.
`
`A 1ot of peop1e give us art work.
`
`A
`
`1ot of times they give us art work and we correct it.
`
`I have no way of knowing.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`who created these 1abe1s?
`
`we printed them.
`
`You printed them from somebody e1se's --
`
`I don't know whether we created them or
`
`Iwhether we got it from their fi1e.
`
`I have no way of
`
`knowing.
`
`._=__=-
`‘is
`
`—--2 —
`court reportingfilzgolx/E20
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`

`
`ROBERT LANG
`
`15
`
`Q.
`
`so you can't exp1ain the circ1e R after
`
`Co1orBa1mSheer?
`
`A.
`
`I can't exp1ain the who1e 1abe1, 1et
`
`a1one exp1ain the circ1e R at this point. That was
`
`years ago.
`
`Q.
`
`Looking at paragraph 12 of your
`
`testimony, who is Fresh Start Products?
`
`A.
`
`who is Fresh start Products? what do you
`
`mean who is Fresh Start?
`
`A customer.
`
`Q.
`
`what is the re1ationship between Fresh
`
`Start Products and Cosmetic Ma11?
`
`A.
`
`Cosmetic Ma11
`
`is an internet site that
`
`se11s cosmetics. Cosmetic Ma11 buys the product
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`from
`
`Fresh Start and puts it on the ma11,
`
`just 1ike any
`
`other retai1er.
`
`Q.
`
`Is Exhibit 15 an invoice that you
`
`obtained from Fresh Start Products?
`
`A.
`
`Yes.
`
`Q.
`
`A.
`
`when did you get this from them?
`
`I don't know.
`
`It's actua11y a packing
`
`1ist, not an invoice.
`
`so we probab1y -— we shipped
`
`it for them.
`
`so we probab1y a1ways had it here.
`
`Q.
`
`They authorized you to use their
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`1etterhead?
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`ROBERT LANG
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`16
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`A.
`
`Uh—huh.
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`Q.
`
`Are the Co1orBa1m products sti11 so1d at
`
`CosmeticMa11.com?
`
`A.
`
`Uh—huh.
`
`Q.
`
`Have you ta1ked to any of Honeybee
`
`Gardens‘ customers about
`
`the Co1orBa1m mark or
`
`products?
`
`A.
`
`Q.
`
`A.
`
`discussion.
`
`Q.
`
`A.
`
`re1evant.
`
`I've ta1ked to them about
`
`the product.
`
`which customers have you ta1ked to?
`
`I don't know why that is re1evant
`
`to this
`
`Are you going to answer the question?
`
`we11, I'd 1ike to know why you think it's
`
`Q.
`
`we11,
`
`I'm inquiring about that e-mai1 you
`
`sent me
`
`the other day where you seemed to think it
`
`was high1y re1evant.
`
`A.
`
`The reason I
`
`think it was re1evant was
`
`because I think it's indicative of the fact that the
`
`product 1ine may be s1ipping.
`
`Q.
`
`A.
`
`And who said that?
`
`The store said it wasn't se11ing, and
`
`they wanted it out of there.
`
`Q.
`
`which store was
`
`that?
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`ROBERT LANG
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`17
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`A.
`
`It happened to be a branch of who1e
`
`Foods.
`
`It was one of the who1e Foods stores, one of
`
`the very important who1e Foods stores.
`
`Q.
`
`Going to paragraph 13 of your testimony,
`
`what is the basis for your statement that Honeybee
`
`committed a fraud upon the PTO?
`
`A.
`
`Because they 1ied when they said that
`
`they had a right to the trademark.
`
`They knew very
`
`we11 that they didn't.
`
`Q.
`
`Do you know when Honeybee fi1ed its
`
`trademark app1ication?
`
`A.
`
`2002 or 2001.
`
`I don't
`
`remember.
`
`I
`
`think
`
`I mentioned it in here.
`
`I just don't
`
`remember.
`
`I
`
`don't have it here.
`
`I
`
`think it was 2001 though, if I
`
`remember.
`
`of course I didn't know that then.
`
`MS. MILLER:
`
`I don't have any other
`
`cross—examination for you.
`
`THE WITNESS:
`
`okay.
`
`Am I ab1e to --
`
`MS. MILLER:
`
`Do a re—direct?
`
`Certain1y.
`
`THE WITNESS:
`
`I can go back and
`
`emphasize a coup1e of points,
`
`in other words?
`
`A11 right.
`
`I guess,
`
`from my point of view, what
`
`dnl ; —
`
`court reportingmegcl VTC-160
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`

`
`ROBERT LANG
`
`18
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`I was high1ighting here and what I'd 1ike to
`
`high1ight again is that they have had amp1e
`
`notice at various points that I considered it
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`my trademark.
`
`You know,
`
`the trademark renewa1
`
`note that she got,
`
`I rea1ize that you don't
`
`have a signed copy back from her or whatever.
`
`But you know,
`
`that certain1y gave her amp1e
`
`notice that I considered it something other
`
`than hers.
`
`There is the copy of the e—mai1 in
`
`here, Exhibit 12, between Randy and I.
`
`The
`
`third paragraph I carefu11y state:
`
`Remember,
`
`the name Co1orBa1mNatura1 is ours, not yours,
`
`and you can on1y use it as 1ong as you are
`
`buying from us. Again,
`
`they did not
`
`respond
`
`to that and that was
`
`in '03.
`
`Certain1y,
`
`the reason that the
`
`Goog1e was put
`
`in there was to point out that
`
`Pookie actua11y comes up higher on the Goog1e
`
`search than Honeybee.
`
`If she was keeping any
`
`kind of track of her product, she cou1dn't
`
`possib1y miss the fact that Pookie was open1y
`
`se11ing it.
`
`And my point is certain1y that
`
`she made no attempt
`
`to defend against any of
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`1:-
`:2:J
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`court reporting&|e,gclvEieo
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`

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`ROBERT LANG
`
`19
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`the peop1e that were se11ing it.
`
`As we are both aware, if you don't
`
`defend a trademark you can a1so 1ose it that
`
`way.
`
`so you know,
`
`that is part of the reason
`
`why I put
`
`these things in here.
`
`she had amp1e
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`opportunity to know that I considered it my
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`trademark and just didn't order it and went
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`ahead and fi1ed it.
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`And that is why I
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`consider it fraud.
`
`MS. MILLER:
`
`Do you have anything
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`e1se?
`
`THE WITNESS:
`
`N0.
`
`M5. MILLER:
`
`I just want
`
`to make
`
`sure you got
`
`the numbers down, and I'11 do
`
`them in order this time,
`
`the ones I'm
`
`objecting to.
`
`It's 5, 6, 7, 9, 10, 13, 14,
`
`15, 16 and 17.
`
`THE WITNESS:
`
`For
`
`the record,
`
`I'11
`
`reiterate my statement that I consider none of
`
`these materia1 to a defense.
`
`And in fact,
`
`a11
`
`they do is substantiate my case.
`
`And we did
`
`not
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`intentiona11y keep any of them from you.
`
`And in fact, as far as a11 of the invoices,
`
`Me1issa made the exact same mistake because we
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`(“Ila
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`court reporting& lego! video
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`!\I
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`requested the same thing from her that you
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`ROBERT LANG
`
`20
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`requested from us, and she didn't send us any
`
`copies of any of the invoices either.
`
`And she
`
`has got a who1e bunch of invoices.
`
`The Goog1e search I don't consider
`
`to be withhe1d because the Goog1e was made
`
`yesterday.
`
`The point of making the Goog1e was
`
`to prove that even today, Pookie -— where
`
`Pookie re1ates and where Cou1eurs Natura1
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`re1ate and whatnot.
`
`And Me1issa cou1d have at
`
`any time searched it.
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`I don't consider Goog1e
`
`to be at a11 re1evant
`
`to your objection.
`
`And Tota11y Koo1,
`
`a11 I did was try
`
`to improve your status. That was, again, we
`
`tried to comp1y.
`
`we cou1dn't, and we were
`
`ab1e to find it in the meantime.
`
`And it
`
`wou1dn't have he1ped you had you had it
`
`sooner.
`
`End of statement.
`
`MS. MILLER:
`
`I don't have anything
`
`further.
`
`(Time noted:
`
`12:40 p.m.)
`
` dale
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`court reporting& legal vfieo
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`

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`21
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`) S
`
`)
`
`S:
`
`STATE OF NEW YORK
`
`COUNTY OF
`
`I, ROBERT LANG, hereby certify that I
`
`have read the pages of the foregoing testimony of
`
`this deposition and hereby certify it to be a true
`
`and correct record.
`
`ROBERT LANG
`
`Subscribed and sworn to before me
`
`this
`
`day of
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`, 2005.
`
`Notary Pub1ic
`
` dnl
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`(our: reporting& 15:: 5?-eo
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`I
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`N D E X
`
`22
`
`WITNESS
`
`EXAMINATION BY
`
`PAGE
`
`Robert Lang
`
`Ms. Mi11er
`
`7:13
`
`[
`
`[PL
`
`]
`
`EXHIBITS
`
`Exhibit No.
`
`Exhibit Description
`
`Page
`
`A
`
`1
`
`2
`
`3
`
`three—page document containing
`
`3:13
`
`Robert Lang's typewritten
`
`statement
`
`one-page document entit1ed
`
`3:13
`
`co1orba1m 1ipstick
`
`one-page document entit1ed
`
`3:13
`
`Co1orBa1mNatura1
`
`one-page document entit1ed
`
`3:13
`
`co1orba1m natura1 untinted
`
`1ip ba1m
`
` dale
`
`court reportingmzgolvideo
`
`

`
`23
`
`one—page fax memo dated 9/17/00
`
`3:
`
`13
`
`from Mr. Lang to Ms. Hertz1er
`
`one—page invoice dated 12/12/00
`
`3:
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`13
`
`one—page invoice dated 11/9/00
`
`3:
`
`13
`
`two—page document containing
`
`:13
`
`an invoice dated 12/8/00 and a
`
`fax dated 12/S/00
`
`one—page document entit1ed
`
`:13
`
`Trademark License Renewa1
`
`dated 1/7/02
`
`one—page correspondence dated
`
`13
`
`3:
`
`1/12/01 from Mr. Lang to Josie
`
`U1tarto at Ricky's
`
`10
`
`one—page document containing
`
`13
`
`3:
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`Tota11y Beautifu1 1abe1s
`
` dnl:
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`court reportingmegol video
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`24
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`11
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`one—page document entitied
`
`3:
`
`13
`
`Extracts, October 12-15, 2001,
`
`Directory Copy order Form
`
`12
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`13
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`14
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`15
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`17
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`one—page emai1 from Mr. Lang
`
`3:
`
`13
`
`to Randy Hertz1er dated 12/18/03
`
`one—page invoice dated 1/7/04
`
`3:
`
`13
`
`one—page document entit1ed
`
`:13
`
`Googie, Co1orBa1m
`
`one—page document entit1ed
`
`:13
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`Fresh Start Products, Inc.,
`
`Packing List
`
`one—page document entit1ed
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`Goog1e, Co1orBa1m
`
`two-page document entit1ed
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`Goog1e, Cou1eurs Nature1s
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`Co1orBa1m
`
`:13
`
`:13
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`Jul?
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`court reporting&le§c‘:|\-/fieo
`
`

`
`C E R T I
`
`F I C A T I O N
`
`25
`
`) S
`
`)
`
`S:
`
`STATE OF NEW YORK
`
`COUNTY OF WESTCHESTER
`
`I, APRIL PEARL SCHIRM, Court Reporter and
`
`Notary Pub1ic within and for the County of
`
`westchester, State of New York, do hereby certify:
`
`That
`
`I reported the proceedings that are
`
`hereinbefore set forth, and that such transcript is a
`
`true and accurate record of said proceedings.
`
`AND,
`
`I further certify that I
`
`am not
`
`re1ated to any of the parties to this action by b1ood
`
`or marriage, and that I
`
`am in no way interested in
`
`the outcome of this matter.
`
`APRIL PEARL SCHIRM
`
`COUl"t Reporter
`
` __
`
`court reportingsdegol video
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`10
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`ll
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`

`
`able 17:19 20:17
`about 824,25 13:22
`16:7,9,16
`access 12:20
`accurate 25:14
`action 25:17
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`actually 4:16 5:16
`7:22,23 8:5 9:22
`12:1615:2118:20
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`address 3:7
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`affect 5:12,25
`afiter 14:15 15:2
`afierwards 5:9
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`again 5:9 12:23 13:9
`14:1218:3,16
`20:15
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`against 6:5 18:25
`ago 15:6
`agxree 13:18
`agreement 10:18,22
`1 1:5
`ahead 19:9
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`AKIN 2:11
`allowed 6:11
`alone 15:5
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`alneady 11:23
`always 5:1011:17
`15:23
`
`ample 18:3,8 19:6
`another 8:20 12:19
`answer 16:13
`
`anybody 7:22
`anymore 13:4
`anything 3:21 5:5,12
`5:14 6:4,1513:23
`19:11 20:20
`APPEAL 1:2
`
`appear 8:25
`appearance 4:6
`application 1 7:12
`April 1:18 3:6 25:8
`25:23
`
`argue 6:16
`around 8:7 14:3
`
`art 14:16,17,18
`aspect 13:25
`attempt 18:25
`Attorneys 2:] 1
`authorized 15:24
`available 5:10 12:21
`
`aware 19:3
`
`back 8:22 9:13 14:6
`17:22 18:7
`
`L balm 22:24
`bands 10:12
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`basically I 1 :17
`basis 17:6
`batch 10:6
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`bearing 7:15
`Beautiful 23:23
`
`before 122,18 3:23,25
`5:4 7:219:14 21:18
`beforehand 13:16
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`Page 26
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`EXAMINATION
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`Page 28
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