.
`
`
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`_
`'4
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`*
`
`January 6,. 2006
`
`6 VIA FIRST CLASS MAIL
`
`United States Patent and Trademark Office
`
`Hianckeyfifiertsnydemp
`ATTORNEYS AT LAW
`28 State Street
`Boston, MA 02109-1775
`TEL: 617.345.9000
`FAX: 617.345.9020
`www.has|aw.com
`
`Amy B. Spagnole. Esq.
`¢lSl”1g"016’@’u1SlIlW-00m
`Direct (61 7) 3 78-4204
`
`Trademark Trial and Appeal Board L
`P.O. Box 1451
`IllllllIllllHllllllllllllllllllllllllllllllllllll
`3, Alexandria, VA 22313—1451
`"._
`3 Re:
`
`01-10-2006
`Us Datenzaworc/TM Mall mm. #11
`
`Petition for Cancellation
`of United States Trademark
`Reg. No.: 2,872,504 —- 7?‘ 0 S23 9 74
`Registrant: Jeanne T. Rhynsburger
`/
`and Dirk R. Rhynsburger
`Mark: THE ULTIMATE ZONE COACH
`
`Classes: 9, 16
`
`Dear Madam:
`
`The following documents are submitted in connection with U.S. Reg. 2,872,504, issued to
`Jeanne T. Rhynsburger and Dirk R. Rhynsburger, for the mark THE ULTIMATE ZONE
`COACH in International Classes 9, 16 on the Principal Register:
`
`1. Petition for Cancellation With Exhibits 1-6;
`
`. 2. Petition fee, $600.00, by check No. 68553 for 2 classes;
`
`3. Certificate of Mailing dated January 6, 2006; and
`
`4. Authorization to charge Deposit Account.
`
`The Commissioner is authorized to charge any additional needed fees and to credit any
`overpayments to Account No. 50-0485, Hinckley Allen & Snyder LLP.
`
` Enc osures
`
`cc:
`
`Deborah L. Benson (w/o Encl.)
`
`566074
`
`1500 Fleet Center, Providence, RI 02903-2393 TEL: 401.274.2000 FAX: 401.277.9600
`43 North Main Street, Concord, NH 03301-4934 TEL: 603.225.4334 FAX: 603.224.8350
`
`

`
`IN THE UNITED STATES PATENT & TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`TTAB
`
`||||l||lllll|||||llllllllllllllllllll|||||ll|l||||
`
`01-10-2006
`U 5. Patent 8. TMOFC/TM Mall Rep! Dr. #11
`
`Cancellation No.
`
`Mark:
`
`Reg. N0.:
`Class:
`
`THE ULTIMATE ZONE
`COACH
`2,872,504
`9, 16
`
`)
`)
`)
`)
`
`) )
`
`)
`)
`)
`)
`)
`)
`
`_
`
`BARRY D. SEARS Ph.D.,
`_
`_
`Petltlonerfl
`
`_V.
`
`JEANNE T. RHYNSBURGER and
`DIRK R. RHYNSBURGER
`
`Respondents.
`
`PETITION FOR CANCELLATION
`
`Barry D. Sears, Ph.D., a United States citizen, with an address of 222 Rosewood Drive,
`
`Suite 500, Danvers, Massachusetts 01923 (hereinafter “Petitioner” or “Dr. Sears”) believes that
`
`he has been and will continue to be damaged by United States Trademark Registration No.
`
`2,872,504 for the mark THE ULTIMATE ZONE COACH, for “printed material, namely
`
`educational and instructional manuals in the field of nutritional information,” in International
`
`Class 16 and “sound recording, namely prerecorded audio cassettes and CD5 featuring nutritional
`
`information,” in International Class 9,
`
`issued on the Principal Register on August 10, 2004 to
`
`Dirk R. Rhynsburger and Jeanne T. Rhynsburger, each a United States citizen, with an address of
`
`1210 West Avenue J, Suite 200, Lancaster, California 93534 (hereinafter “Respondents”), and
`
`hereby petitions to cancel such registration pursuant to § 14(3) of the Lanham Trademark Act of
`
`1946, 15 USC § 1064(3). As grounds for this Petition, Dr. Sears alleges as follows:
`
`01/13/2006 6111010192 00000045 2872504
`
`01 17336401
`
`600.00 0?
`
`#564684.l
`
`

`
`FACTS
`
`1.
`
`Petitioner is the owner of the trademark ZONE and other marks incorporating
`
`'1 ZONE for health and nutrition products and services.
`
`2.
`
`Since 1995, Petitioner has used the trademark ZONE in connection with print and
`
`_ electronic publications and educational and counseling services. Such use has been ongoing and
`
`continuous.
`
`3.
`
`Petitioner, Dr. Barry Sears, is the scientist and author who achieved considerable
`
`fame in connection with the lifelong hormonal and insulin control program that he first created
`
`about fifteen (15) years ago. _S_e§ Declaration of Barry D. Sears (“Sears Decl.”) 1] 1, attached
`
`hereto at Exhibit 1.
`
`4.
`
`Dr. Sears’ program uses food as a drug to help people control and balance their
`
`hormonal and insulin levels to achieve maximum mental productivity and as a means to
`
`improved health. 1; at 1] 2.
`
`5.
`
`Dr. Sears branded his writing, teaching and consulting on the benefits of an
`
`insulin balanced hormonal control diet with the term “ZONE.” I_d. at 1] 3.
`
`6.
`
`Dr. Sears adopted the tenn ZONE as his trademark to analogize the health
`
`benefits of his products and services compliant with his hormonal control program for ordinary
`
`dieters to that of the “flow” achieved by superior athletes during sports participation. Q at 1| 4.
`
`7.
`
`The terms “flow” or “zone” have been used to denote a heightened state of
`
`consciousness during sports participation during which an athlete performs to the best of his or
`
`her ability. An article discussing this concept is attached at Exhibit 2.
`
`8.
`
`The term ZONE in Dr. Sears’ ZONE Marks is not used in its ordinary sense to
`
`mean “an area” -- e. g., “play zone” describing a specific area dedicated to playing.
`
`#5646841
`
`2
`
`

`
`9.
`
`Dr. Sears is well known as the source of ZONE branded products and services.
`
`10.
`
`Dr. Sears has authored numerous ZONE branded books which are premised upon
`
`using food as a drug to control and balance hormonal and insulin levels, including The Zone,
`
`Mastering the Zone, Zone Food Blocks, The Anti—Aging Zone, A Week in the Zone, The Soy Zone,
`
`The Top One Hundred Zone Foods, The OmegaRx Zone and The Anti—Inflammatory Zone. Sears
`
`1‘ Decl. at 1[ 5.
`
`11.
`
`Several of these books have appeared on The New York Times bestseller list. Lg,
`
`at 1] 6.
`
`12.
`
`Dr. Sears’ The Zone was number one on The New York Times bestseller list in
`
`1996 and remained on that list for approximately twenty (20) weeks.
`
`1_(_l_. at 1] 7.
`
`13.
`
`More than f1_ve_ million hard cover copies of Dr. Sears’ ZONE branded books have
`
`been sold in the United States alone. Q at ‘H 8.
`
`14.
`
`Dr. Sears’ works have been translated into Q languages and are sold in at least Q
`
`foreign countries.
`
`1_<L at 11 9.
`
`15.
`
`In addition to his ZONE branded books, Dr. Sears and his ZONE branded health
`
`and nutrition products and services are widely known from his numerous and frequent live and
`
`taped appearances, including seminars, conferences, radio shows, and network television
`
`interviews, throughout the country. Sears Decl. at 1] 10.
`
`16.
`
`In promoting his ZONE branded health and nutrition products and services,
`
`Dr. Sears has appeared on nationally-broadcast television shows, including The Today Show in
`
`1996 and again in January 2005, 20/20 in 1999, Good Morning America on June 9, 2000,
`
`June 15, 2000 and again in May 2002, Dateline in July 2002, CBS Evening News on
`
`#564684.l
`
`3
`
`

`
`May 21, 2003, The Montel Williams Show on April 1, 2004 and Live With Regis and Kelly on
`
`February 2, 2005. Li. at 11 11.
`
`I
`
`17.
`
`Additionally, each year since 1998, Dr. Sears has conducted a week long ZONE
`
`branded seminar aboard a cruise ship, providing a series of presentations and demonstrations on
`
`mastering his hormonal and insulin control program.
`
`ILL at 1] 12.
`
`18.
`
`Dr. Sears is well and favorably known throughout the United States and has built
`
`up valuable goodwill and reputation in his trademark ZONE. Li. at 11 13.
`
`19.
`
`The widespread recognition, fame and goodwill associated with ZONE for
`
`products and services in the health and nutrition marketplace is a result of the Petitioner’s
`
`continuous marketing efforts, national media attention, the expenditure of considerable amounts
`
`of money for advertising and promotional activities and by Virtue of the high quality of the
`
`Petitioner’s ZONE branded products and services.
`
`20.
`
`Petitioner is the owner of approximately seventy (70) plus trademarks and service
`
`marks comprising or containing “ZONE” for a wide array of health and nutrition products and
`
`services. Lg at 1] 14.
`
`21.
`
`By way of example, Petitioner owns the following United States Trademark
`
`Registration:
`
`Mark:
`
`ZONE
`
`Registration No.:
`Registration Date:
`App. Date:
`Date of First Use:
`Date of First Use
`
`In Commerce:
`Goods:
`
`2,689,749
`February 25, 2003
`May 22, 2000
`May 1995
`
`May 1995
`Publications, namely a series of books in the field of diet
`and nutrition.
`
`#564684.l
`
`4
`
`

`
`22.
`
`In accordance with Sections 7(b), 22 and 33(a) of the Lanham Trademark Act,
`
`Petitioner’s above-cited registration constitutes primafacie evidence of the validity of the
`
`registered mark and of the registration thereof, Petitioner’s ownership of the mark shown in said
`
`registration, and Petitioner’s exclusive right to use the mark in commerce in connection with the
`
`goods named therein, without condition or limitation.
`
`23.
`
`Said registration constitutes notice to Respondents of Petitioner’s claim of
`
`ownership of the mark shown within such registration.
`
`24.
`
`The Respondents have registered THE ULTIMATE ZONE COACH as a
`
`trademark for “sound recordings, namely pre-recorded audio cassettes and CDs featuring
`
`nutritional infonnation,” in International Class 9 and “printed material, namely educational and
`
`instructional manuals in the field of nutritional information,” in International Class 16.
`
`25.
`
`The application for registration of Respondents’ THE ULTIMATE ZONE
`
`COACH mark was filed on November 14, 2001 under Section 1(a) of the Trademark Act,
`
`claiming a date of first use anywhere and a date of first use in commerce of November 9, 2001,
`
`long after Petitioner coined and began using his trademark ZONE in 1995.
`
`26.
`
`The application for registration of Respondents’ THE ULTIMATE ZONE
`
`COACH mark was filed on November 14, 2001 claiming a date of first use anywhere and a date
`
`of first use in commerce of November 9, 2001, long after Petitioner’s date of first use of May
`
`1995 for ZONE (Reg. No. 2,689,749).
`
`27.
`
`The term ZONE comprises the dominant portion of Respondents’ THE
`
`ULTIMATE ZONE COACH mark.
`
`#5646841
`
`5
`
`

`
`28.
`
`The term ZONE in the Respondents’ mark THE ULTIMATE ZONE COACH has
`
`the identical meaning as the term ZONE in Petitioner’s registered marks and common law
`
`marks.
`
`29.
`
`The term ZONE in THE ULTIMATE ZONE COACH refers to and indicates
`
`compliance with Dr. Sears and his criteria for an insulin and hormonal balanced diet. Print outs
`
`from Respondents’ website are attached at Exhibit 3.
`
`30.
`
`Respondents’ printed materials and sound recordings are advertised as all about
`
`“how your body responds to various foods”, “achieving better mental focus” and “balancing
`
`blood sugar.” Print outs from Respondents’ website are attached at Exhibit 4.
`
`31.
`
`The Respondents’ goods, as set forth in Reg. No. 2,872,504, and Petitioner’s
`
`ZONE branded health and nutrition goods and services are highly related, if not identical, goods.
`
`32.
`
`The goods set forth in Respondents’ Reg. No. 2,872,504 are “printed materials,
`
`namely educational and instructional manuals in the field of nutritional information” and “sound
`
`recordings, namely prerecorded audio cassettes and CDs featuring nutritional information.”
`
`33.
`
`The goods set forth in Petitioner’s Reg. No. 2,689,749 for ZONE are “books in
`
`the field of diet and nutrition,” in lntemational Class 16.
`
`34.
`
`Respondents’ printed materials and sound recordings featuring nutritional
`
`information are highly related, if not identical, to Petitioner’s books in the field of diet and
`
`nutrition.
`
`35.
`
`Respondents’ Reg. No. 2,872,504 does not limit the channels of trade through
`
`which its goods will travel nor does it limit the consumers to whom such goods are directed’.
`
`36.
`
`Respondents’ goods are presumed to travel through all channels of trade and to be
`
`directed towards all relevant consumers.
`
`#5646841
`
`6
`
`

`
`37.
`
`There are no limits on the channels of trade or consumers for Petitioner’s goods as
`
`described in Petitioner’s Reg. No. 2,689,749.
`
`38.
`
`The Respondents’ THE ULTIMATE ZONE COACH goods and the Petitioner’s
`
`ZONE branded goods and services will be sold or offered through the same channels of trade.
`
`39.
`
`The Respondents’ THE ULTIMATE ZONE COACH goods and the Petitioner’s
`
`ZONE branded goods and services will be sold to the same customers.
`
`40.
`
`Consumers are likely to believe that Respondents’ goods, similarly marked and
`
`sold in the same channels of trade as Petitioner’s ZONE branded goods and services, come from
`
`or are sponsored or endorsed by the same source.
`
`41.
`
`Consumers are likely to expect that Respondents’ goods, similarly marked and
`
`creating an identical commercial impression -- as a result of the use of the term ZONE in the
`
`context of printed publications and sound recordings designed to assist dieters with hormonal
`
`control and insulin balance --, are of the same quality as Petitioner’s ZONE branded goods and
`
`services.
`
`42.
`
`Upon information and belief, Respondents adopted and applied to register the
`
`mark THE ULTIMATE ZONE COACH with actual knowledge of Petitioner’s prior rights in and
`
`to the trademark ZONE for health and nutrition products and services and with a bad faith intent
`
`to trade off the good will of Petitioner’s trademark ZONE.
`
`43.
`
`Upon information and belief, Respondents willfully copied Dr. Sears’ trademark
`
`ZONE in choosing THE ULTIMATE ZONE COACH in a deliberate attempt to associate its
`
`goods with Petitioner, Petitioner’s trademark ZONE and the good will therein.
`
`44.
`
`Respondent maintains or has maintained a website at the Internet address
`
`<learnthezone.com>.
`
`#5646841
`
`7
`
`

`
`45.
`
`Respondent advertises its “Mastering the ZONE” instructor certification course
`
`on its <leamthezone.com> website. Print outs from Respondent’s <leamthezone.com> website
`
`are attached at Exhibit 5.
`
`46.
`
`Dr. Sears is the author of a book entitled Mastering the Zone. Sears Decl. at 1] 1l
`
`5-6. A copy of the book jacket for Dr. Sears’ Mastering the Zone book is attached at Exhibit 6.
`
`47.
`
`Upon infonnation and belief, Respondent has ceased using THE ULTIMATE
`
`ZONE COACH as a trademark in connection with the goods listed in Reg. No. 2,872,504.
`
`48.
`
`Upon information and belief, Respondent has no intention to resume use of the
`
`mark THE ULTIMATE ZONE COACH.
`
`FIRST GROUND FOR RELIEF
`
`§UNDER 15 U.S.C.§1052§dn
`
`49.
`
`Petitioner incorporates by reference paragraphs 1 through 48 as if fully set forth
`
`herein.
`
`50.
`
`The trademark ZONE has been used continually by Petitioner since a date prior to
`
`any date on which Respondents may rely.
`
`51.
`
`Respondents’ THE ULTIMATE ZONE COACH mark is identical or confusingly
`
`similar to Petitioner’s trademark ZONE in appearance and in commercial impression.
`
`52.
`
`The goods Respondents offer under the THE ULTIMATE ZONE COACH mark
`
`are identical or related to Petitioner’s goods and services sold under the trademark ZONE and to
`
`Dr. Sears himself.
`
`53.
`
`The use by Respondents of THE ULTIMATE ZONE COACH for the goods listed
`
`in the subject registration is likely to create the erroneous impression that Respondents’ goods
`
`originate with, are sponsored or promoted by, come from, or are otherwise associated with
`
`#564684.1
`
`8
`
`

`
`Petitioner or Petitioner’s goods and services provided under the trademark ZONE or that
`
`Respondents’ goods are endorsed, sponsored, or in some way connected with Petitioner.
`
`54.
`
`Use of THE ULTIMATE ZONE COACH by Respondents is likely to cause
`
`confusion, cause mistake or to deceive the public into the belief that the goods offered under
`
`THE ULTIMATE ZONE COACH come from or are otherwise authorized or sponsored by
`
`Petitioner in violation of Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d).
`
`SECOND GROUND FOR RELIEF
`
`QABANDONMENTQ
`
`55.
`
`Petitioner incorporates by reference paragraphs 1 through 54 as if fully set forth
`
`herein.
`
`56.
`
`Upon information and belief, the Respondent has abandoned the mark which is
`
`the subject of Registration No. 2,872,504, by discontinuing use of said mark with no intent to
`
`resume said use.
`
`57.
`
`So long as Registration No. 2,872,504 is maintained, Petitioner will be unable to
`
`effectively enforce its rights and interests in its trademark ZONE.
`
`#5646841
`
`9
`
`

`
`WHEREFORE, the Petitioner requests that this Petition for Cancellation be sustained and
`
`that Trademark Registration No. 2,872,504 issued to Jeanne T. and Dirk R. Rhynsburger on
`
`August 10, 2004 be cancelled.
`
`Respectfully submitted,
`
`BARRY D. SEARS, PH.D.
`
`By his attorneys,
`
`e orah L. Benson
`
`Peter A. Herbert
`
`Amy B. Spagnole
`Hinckley, Allen & Snyder LLP
`28 State Street
`
`Boston, MA 02109
`
`Tel: (617) 345-9000
`Fax: (617)345-9020
`
`Dated: January _(_9_, 2006
`
`eafliiyhzmlscotrasponxgtoalsbetrlgdapowwlhfln
`lhmby
`UnitedStatesPostalSctvlcevvttt1suflidempostageaefi:st-dassnual
`In an envelo !.:.'~
`
`addressedtotheWmm
`
`
`#5646841
`
`10
`
`_l____?D
`
`

`
`

`
`IN THE UNITED STATES PATENT & TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`BARRY D. SEARS Ph.D.,
`
`Petitioner,
`
`v.
`
`JEANNE T. RHYNSBURGER and
`
`DIRK R. RHYNSBURGER
`
`Respondents.
`
`€%%%%€€%%€%
`
`Cancellation No.
`
`Mark: THE ULTIMATE ZONE
`
`COACH
`
`Reg. No.: 2,872,504
`Classes: 9, 16
`
`l D
`
`ECLARATION OF BARRY D. SEARS PH.D.
`
`I, Barry D. Sears. Ph.D., on oath hereby depose and state as follows:
`
`1.
`
`I am a scientist and author who has achieved considerable fame in
`
`connection with the lifelong hormonal and insulin control program that I first created
`
`about fifteen (15) years ago.
`
`2.
`
`My program uses food as a drug to help people control and balance their
`
`hormonal and insulin levels to achieve maximum mental productivity and as a means to
`
`improved health.
`
`3.
`
`I branded my writing, teaching and consulting on the benefits of an
`
`insulin balanced hormonal control diet with the term “ZONE.”
`
`4.
`
`I adopted the term ZONE as my trademark to analogize the health benefits
`
`of my products and services compliant with my hormonal control program for ordinary
`
`dieters to that of the “flow” achieved by superior athletes during sports participation.
`
`

`
`5.
`
`I have authored numerous ZONE branded books relating to using food as
`
`a drug to control and balance hormonal and insulin levels, including The Zone, Mastering
`
`the Zone, Zone Food Blocks, The Anti-Aging Zone, A Week in the Zone, The Soy Zone,
`
`The Top One Hundred Zone Foods, The 0megaRx Zone and The Anti-Inflammatory
`
`Zone.
`
`list.
`
`6.
`
`Several of these books have appeared on The New York Times bestseller
`
`7.
`
`The Zone was number one on The New York Times bestseller list in 1996
`
`and remained on that list for approximately twenty (20) weeks.
`
`8.
`
`More than five million hard cover copies of my ZONE branded books
`
`have been sold in the United States alone.
`
`9.
`
`My works have been translated into twenty-two (22) languages and are
`
`sold in at least forty (40) foreign countries.
`
`10.
`
`In addition to my ZONE branded books, myself and my ZONE branded
`
`health and nutrition products and services are widely known from my numerous and
`
`frequent live and taped appearances, including seminars, conferences, radio shows, and
`
`network television interviews, throughout the country.
`
`11.
`
`In promoting my ZONE branded health and nutrition products and
`
`services, I have appeared on nationally-broadcast television shows, including The Today
`
`Show in 1996 and again in January 2005, 20/20 in 1999, Good Morning America on June
`
`9 and June 15, 2000 and again in May 2002, Dateline in July 2002, CBS Evening News
`
`on May 21, 2003, The Montel Williams Show on April 1, 2004 and Live With Regis and
`
`Kelly on February 2, 2005.
`
`#564061
`
`2
`
`

`
`12.
`
`Additionally, each year since 1998, I have conducted a week long ZONE
`
`branded seminar aboard a cruise ship, providing a series of presentations and
`
`demonstrations on mastering the hormonal and insulin control program that I developed.
`
`13.
`
`I am well and favorably known through the United States and I have built
`
`up valuable goodwill and reputation in my ZONE Marks.
`
`14.
`
`I am the owner of approximately seventy (70) plus trademarks and service
`
`marks comprising or containing “ZONE” for a wide array of health and nutrition
`
`products and services.
`
`The declarant further declares that all statements made herein of his knowledge
`
`are true, and that all statements made on information and belief are believed to be true;
`
`and further declares that these statements were made with the knowledge that willful
`
`false statements and the like so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 of Title 18 of the United States Code and that such willful false
`
`statementsmayjeopardizethe validity ofthisdecla '.
`Z
`
`:.
`
`December Q 2005
`
`Barry D. Sears Ph.D.
`
`#564061
`
`3
`
`

`
`EXHIBIT 2
`
`

`
`The Zone: An Empirical Study
`
`Page 1‘ of8
`
`.5
`
`
`
`Across Sports
`JanetA Young and Michelle 1) Pqin
`-Monash University, Melbourne, Australia
`
`Iheoretical Frameworks
`
`Zone Sport Research
`
`
`Universalitv of the Sport Zone
`
`
`
`
`
`
`
`Qualit-airy’e Analysis _
`
`_ uantita 've Analy_si_s
`
`Summargy
`
`References. ‘
`
`ABSTRACT
`
`This paper examines the heightened states of consciousness during participation in sporttermed the zone
`or flow. Theoretical frameworks and studies of the phenomenon are described. The notion of a universal
`zone in sport is explored with a review of Young's (1999a) comparative analysis of flow experiences of
`professional tennis players with Jackson's (1993, 1996) elite athletes. Qualitative analyses of tennis
`players’ and elite athletes" narratives of flow s pport flow.theory's posited structure of flow consisting of
`eight dimensions. No significant differences were found between tennis players and elite athletes on the
`
`

`
`ipation. Such terms are variously denoted
`‘
`, "perfect moments", "mindfulness"
`, "peak experience" and "flow". In the sport psychology
`ct used interchangeably and-synonymously (Cooper, 1998;
`
`

`
`and elite athletes recalle
`_
`skaters and several tim
`
`nset and maintenance ofthe flow state. Figure skaters
`
`' Several researchers (e.g., Cooper,_l998; Loehr, 1995) have suggested that the
`universal henomenon for athletes across sports. T
`'
`'
`
`http://www athleticinsiszhtcnm/vn11ma /12......-..:.
`
`. n
`
`

`
`e of All Raw Data Themes Re resented
`
`Percenta e* of Tennis Pla ers and Elite
`
`’
`EM
`—
`
`all raw data
`
`themes
`
`D‘5‘E
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`qf47 were adopted in this analysis on the basis ofa.series ofC
`Young to assess the internal consistenc
`'
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`_ athletes were cofinpared. The results ofthese tests, after being adjusted by the Bonferroni correction for
`multiple tests, are reported in Table 2, with items 1'
`rsted in abbreviated form and in the order reported by
`Jackson (1993).
`
`Felt all together
`
`

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`
`The Zone: An Empirical Study
`
`Page..6 of 8
`
`
`
`
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`
`
`
`With no significant differences between tennis players and elite athletes from other sports on the
`Experience Questionnaire (Privette, 1984) items overall and the majority ofindividual items‘, and strong
`endorsement from each group of athletes for the key theoretical characteristics of flow (clear inner
`process and focus, fulfilment, intention, fun, high performance, and intrinsic reward), Young (1999a)
`suggested that tennis players and elite athletes fiom other sports experience flow in qualitatively similar
`manners. Notwithstanding this notion of a common flow experience, Young proposed that the finding of
`significant differences between tennis players and elite athletes .on approximately one quarter of 27
`items contained in the Experience Questionnaire is evidence ofindividual difierences for athletes across
`
`. Summary
`
`

`
`-' The Zone:-An Empirical Study
`
`Apter, M. I. (1982). The experience ofmotivation: The theory ofpsychological reversals. London:
`Academic Press.
`.
`Apter, M. I. (1989). Reversal theory: Motivation, emotion and personality. London: Routedge.
`Clarkson, M. (1999). Competitive fire. Champaign, IL: Human Kinetics.
`Cooper, A. (I998). Playing in the zone: Exploring the spiritual dimensions ofsport. Boston:
`Shambhala.
`_
`’
`. Csikzentmihalyi, M. (1975). Play and intrinsic rewards. Journal ofHumanistic Psychology, 15, 41-
`
`63.
`
`S
`
`Rowe."
`
`Csikzentmihalyi,
`
`(1990). Flow: The psychology ofoptimal experience. New York": Harper &
`
`Douillard, J. (1994). Body, mind and sport. New York: Three Rivers Press.
`Garfield, C., & Bennett, H. (1984). Peak erformance: Mental trainin techni ues ofthe world's
`£3at ‘A’. E(D5* U)
`. New York: WarnerBr
`
`gr
`
`Goldberg, A. S. (1998). Sports slump busting. Champaign, IL: Human Kinetics.
`Heathcote, F. (1996). Peak performance: Zen and the sporting zone. Dublin, Ireland: Wolfhound.
`Jackson, S. A. (1992). Athletes in flow: A qualitative investigation offlowstates in elitefigure
`skaters. Journal ofApplied Sport Psychology, 4(2), 161-180. _
`
`

`
`Loehr, J. E. (1995, July). Six keys to getting and staying in the zone. Tennis, p. 36.
`Maslow, A. H. (1962).
`Toward a psychology of being. Princeton, NJ: Van Nostrand.
`The achievement zone. New York: Berkley.
`
`Murphy, s. (1996).
`
`ing the zone [On-line]. Available: HYPERLINK .
`-
`.
`.
`
`
`
`' odh_ttp://www.tennisaustralia.com.au/ta/Te findin _the__zone.html
`
`
`
`‘
`
`We look forward to your comments and feedback.
`
`Simply e-mail Athletic Insight.
`
`.
`
`'
`
`Mental Health Net Award Winner
`_______§___________
`Copyright 0 1999 Athletic Insight. Inc.
`ISSN 2536-0431
`
`h‘H‘n-/ ummn a4-1-.1¢.+:,.:....: _1.u-
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`
`
`‘
`
`

`
`EXHIBIT 3
`
`

`
`Ultimate Zone Coach
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`NEW — The Ultimate Zone Coach
`
`The Ultimate Zone® Course is designed to teach the basics of the Zone Nutrition Program. This unique
`course allows you
`to "sit in" on expertly taught sessions by Jeanne Rhynsburger, R.N., the Ultimate Zone Coach. The
`educational materials
`will take you step-by-step through all aspects of the Zone Nutrition Program at a comfortable pace. The
`Ultimate Zone
`Coach® provides the BEST tools available to help you Enter the Zone successfully and effortlessly.
`You'll learn to look
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`liittpz//64.233. l 61 . 104/search?q=cache:Xxqe1nI5PQAJzwww.healthinthezone.corn/ultimat... 12/27/2005
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`A Ultimate Zone Coach
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`0 Control of cravings
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`

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