Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA369312
`ESTTA Tracking number:
`09/21/2010
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92052741
`Plaintiff
`General Mills, Inc.
`RICHARD J. GROOS
`FULBRIGHT & JAWORSKI L.L.P.
`600 CONGRESS AVENUE, SUITE 2400
`AUSTIN, TX 78701
`UNITED STATES
`aotrademark@fulbright.com, rgroos@fulbright.com, agroos@fulbright.com,
`kpfertner@fulbright.com
`Motion to Suspend for Civil Action
`Richard J. Groos
`aotrademark@fulbright.com, rgroos@fulbright.com, agroos@fulbright.com,
`kpfertner@fulbright.com
`/Richard J. Groos/
`09/21/2010
`Complaint.pdf ( 77 pages )(5873502 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`
`Signature
`Date
`Attachments
`
`

`
`Case 0:10-cv-03000-JNE-AJB Document 1 Filed 07/14/10 Page 1 of 8
`
`IN THE UNITED STATE DISTRICT COURT
`FOR THE DISTRICT OF MINNESOTA
`
`Plaintiff
`
`GENERAL MILLS, INC.,
`
`
`
`v.
`
`IDAHOAN FOODS, LLC,
`
`
`
`
`Defendant.
`
`§
`§
`§
`§
`§ Civil Action No. _______________
`§
`§
`§
`§
`
`
`
`COMPLAINT FOR DECLARATORY JUDGMENT
`
`Plaintiff, General Mills, Inc. (“General Mills”), complains of Idahoan Foods, LLC
`
`(“Idahoan”) and alleges as follows:
`
`Nature of action and jurisdiction
`
`1.
`
`This is an action for a declaration of rights under the Trademark Act of
`
`1946, as amended (“Lanham Act”), 15 U.S.C. § 1051 et seq., and under the common law
`
`of Minnesota.
`
`2.
`
`A case of actual controversy within this Court’s jurisdiction exists between
`
`the parties concerning these rights. This Court is authorized to declare the rights of the
`
`parties in this case pursuant to the Federal Declaratory Judgments Act, 28 U.S.C. §§
`
`2201-2202, and the Minnesota Uniform Declaratory Judgments Act, Minn. Stat. §§
`
`555.01 – 555.16.
`
`90113147.1
`
`
`

`
`Case 0:10-cv-03000-JNE-AJB Document 1 Filed 07/14/10 Page 2 of 8
`
`3.
`
`This Court has subject matter jurisdiction over this action under Section 39
`
`of the Lanham Act, 15 U.S.C. § 1121; and under the jurisdictional provisions of Title 28
`
`of the United States Code, 28 U.S.C. §§ 1331, 1338 and 1367.
`
`Parties
`
`4.
`
`General Mills is a Delaware corporation having a principal place of
`
`business at Number One General Mills Boulevard, Minneapolis, Minnesota 55426.
`
`5.
`
`Idahoan is a Delaware limited liability company having a place of business
`
`at One Potato Place, Lewisville, Idaho 83431.
`
`General Mills’ business and its use of the mark
`
`6.
`
`General Mills began doing business in the 1860s as a merchant flour miller.
`
`In the years since then, General Mills has grown to become one of the world’s leading
`
`food companies with nearly 30,000 employees operating in more than 100 countries. As
`
`of 2009, General Mill’s annual revenues reached nearly $15 billion.
`
`7.
`
`General Mills is now and has for many years been engaged in the
`
`manufacture, distribution and sale of shelf stable dehydrated potato mixes sold under the
`
`BETTY CROCKER® mark. The products come in many flavors, including, “loaded
`
`baked,” “loaded mashed” and “loaded au gratin,” among others. The use of the word
`
`“loaded” with these products is to indicate that the product tastes and/or is flavored like a
`
`“loaded” potato, i.e., with bacon, cheese, sour cream and chives. The words “baked,”
`
`“mashed” and “au gratin” indicate the consistency or style of preparation of the potatoes.
`
`90113147.1
`
`2
`
`

`
`Case 0:10-cv-03000-JNE-AJB Document 1 Filed 07/14/10 Page 3 of 8
`
`8.
`
`The terms “loaded baked,” “loaded mashed” and “loaded au gratin” are not
`
`used by General Mills as trademarks or source indicators. Rather, they are used
`
`descriptively to indicate the taste and/or flavor of certain General Mills potato products.
`
`Idahoan and its business
`
`9.
`
`Idahoan owns and operates a business in Lewisville, Idaho.
`
`10. On or about April 28, 2003, Idahoan, through its predecessor in interest,
`
`filed Application Serial No. 76/510,076 for the term “Loaded Baked” in connection with
`
`“dehydrated potatoes and mashed potato mix,” which registered on July 19, 2005 under
`
`U.S. Registration No. 2,969,189 (the “Loaded Baked Registration”). Idahoan claims a
`
`date of first use of August 23, 2001 for the term “Loaded Baked.” As registered, the
`
`Loaded Baked Registration contains the following disclaimer: “no claim is made to the
`
`exclusive right to use ‘baked’ apart from the mark as shown.”
`
`Descriptive nature of the terms “loaded” and “loaded baked” with potato products
`
`11.
`
`The term “loaded baked” is descriptive of potato products.
`
`12. On information and belief, the term “loaded baked” is descriptive of the
`
`potato products sold by Idahoan.
`
`13. On information and belief, Idahoan uses the term “loaded baked” in a
`
`descriptive manner to describe the taste and/or flavor of its potato products.
`
`14. On information and belief, Idahoan uses the term “loaded baked”
`
`consistently with its use of other taste and/or flavor descriptors in which Idahoan does not
`
`90113147.1
`
`3
`
`

`
`Case 0:10-cv-03000-JNE-AJB Document 1 Filed 07/14/10 Page 4 of 8
`
`claim trademark rights, including the terms “buttery homestyle,” “roasted garlic” and
`
`“four cheese.”
`
`15. As used by General Mills, the terms “loaded baked,” “loaded mashed” and
`
`“loaded au gratin” are descriptive of the taste and/or flavor of General Mills’ potato-
`
`based products.
`
`16. On information and belief, numerous third parties throughout the food
`
`industry use the terms “loaded” and “loaded baked” to describe the taste and/or flavor of
`
`potato-based food products. Examples of third party uses of the terms “loaded” and/or
`
`“loaded baked” in connection with potato-based food products is attached hereto as
`
`Exhibit A.
`
`17. Relevant purchasers and consumers do not ascribe any source-identifying
`
`meaning to the terms “loaded” or “loaded baked” in connection with potato-based food
`
`products.
`
`18. On information and belief, General Mills and Idahoan each make
`
`prominent use of
`
`their respective primary brands, BETTY CROCKER® and
`
`IDAHOAN®, in connection with all use of the terms “loaded” or “loaded baked” for
`
`potato products. Examples of the parties’ respective uses of the terms “loaded” and/or
`
`“loaded baked” are attached hereto as Exhibit B.
`
`19. Because the term “loaded baked” directly describes a quality or feature of
`
`potato-based food products, it cannot be claimed exclusively by any one seller.
`
`90113147.1
`
`4
`
`

`
`Case 0:10-cv-03000-JNE-AJB Document 1 Filed 07/14/10 Page 5 of 8
`
`Idahoan’s claims and demands
`
`20.
`
`Idahoan sent General Mills a cease and desist letter on June 25, 2010,
`
`objecting to General Mills’ use of the term “loaded, ” and alleging that General Mills’ use
`
`of the term “loaded” infringes the “Loaded Baked” term that is the subject of Idahoan’s
`
`Loaded Baked Registration. A copy of Idahoan’s demand letter is attached as Exhibit C.
`
`21.
`
`Idahoan demanded that General Mills (a) cease use of the terms “loaded
`
`baked,” “loaded mashed,” and any mark or designation that includes the term “loaded;”
`
`(b) destroy all product packaging that includes use of the term “loaded;” (c) recall all
`
`General Mills “loaded baked” and “loaded mashed” products; (d) provide Idahoan with
`
`an accounting of all “loaded baked” and “loaded mashed” products sold by General
`
`Mills; and (d) pay Idahoan an undetermined sum as compensation.
`
`22.
`
`Idahoan’s claims and demands have created a reasonable apprehension of
`
`litigation and have placed a cloud over General Mills’ ability to use the term “loaded” in
`
`connection with its business.
`
`23. General Mills intends to continue to devote substantial resources to the
`
`development of its line of potato-based products, including its “loaded baked,” “loaded
`
`mashed” and “loaded au gratin” flavored products. General Mills cannot afford to
`
`operate under the constant threat of litigation by Idahoan.
`
`24.
`
`Idahoan’s allegations regarding General Mills’ use of the term “loaded”
`
`brings General Mills into adversarial conflict with Idahoan.
`
`90113147.1
`
`5
`
`

`
`Case 0:10-cv-03000-JNE-AJB Document 1 Filed 07/14/10 Page 6 of 8
`
`25. An actual controversy exists between the parties based on Idahoan’s claims
`
`and demands.
`
`26.
`
`So that it may continue to use the terms “loaded baked,” “loaded mashed”
`
`and “loaded au gratin” (and/or some other taste and/or flavor indicator that includes the
`
`word “loaded”) without interference by Idahoan, General Mills desires to promptly
`
`resolve this controversy and establish that it is not infringing any protectable rights of, or
`
`unfairly competing with, Idahoan.
`
`COUNT I: DECLARATION THAT GENERAL MILLS’ USE OF THE
`TERMS “LOADED” AND/OR “LOADED BAKED” IN CONNECTION WITH
`POTATO-BASED PRODUCTS DOES NOT CONSTITUTE INFRINGEMENT,
`UNFAIR COMPETITION OR VIOLATE ANY OTHER RIGHTS OF IDAHOAN
`
`27. General Mills repeats the allegations above as if fully set forth herein.
`
`28. General Mills’ use of the terms “loaded” or “loaded baked” in connection
`
`with General Mills’ potato-products, and with the promotion of these products, does not
`
`constitute infringement, unfair competition or otherwise violate any right of Idahoan
`
`under the Lanham Act, 15 U.S.C. §§ 1114(1) and 1125, under the statutory or common
`
`law of the State of Minnesota or any other state.
`
`COUNT II: CANCELLATION OF THE “LOADED BAKED”
`REGISTRATION PURSUANT TO 15 U.S.C. § 1119
`
`29. General Mills repeats the allegations above as if fully set forth herein.
`
`30.
`
`The terms “loaded” and “loaded baked” are not inherently distinctive and
`
`have not acquired distinctiveness in connection with potato-based food products.
`
`90113147.1
`
`6
`
`

`
`Case 0:10-cv-03000-JNE-AJB Document 1 Filed 07/14/10 Page 7 of 8
`
`Accordingly, pursuant to 15 U.S.C. § 1119, the U.S. Patent and Trademark Office should
`
`be directed to cancel Idahoan’s Loaded Baked Registration.
`
`PRAYER
`
`WHEREFORE, General Mills prays:
`
`(a)
`
`For judgment declaring Idahoan's alleged marks “Loaded” and "Loaded
`
`Baked" are not distinctive;
`
`(b)
`
`For judgment declaring that General Mills’ use of the terms “loaded,”
`
`“loaded baked,” “loaded mashed” and “loaded au gratin” in connection with General
`
`Mills’ promotion, sale or offering for sale of potato-based products, does not (1) create a
`
`likelihood of confusion as to the source or sponsorship of General Mills’ products, or (2)
`
`constitute infringement, unfair competition, or otherwise violate any of Idahoan’s rights
`
`under federal or state law;
`
`(c) An order directing the United States Commissioner of Trademarks to
`
`cancel Registration No. 2,969,189 for “Loaded Baked,” and
`
`(d)
`
`That General Mills’ recover such other relief as the Court may deem just
`
`and equitable.
`
`
`
`90113147.1
`
`7
`
`

`
`Case 0:10-cv-03000-JNE-AJB Document 1 Filed 07/14/10 Page 8 of 8
`
`Respectfully submitted,
`
`s/Timothy M. Kenny
`Timothy M. Kenny (No. 247716)
`Laura J. Borst (No. 032548X)
`FULBRIGHT & JAWORSKI L.L.P.
`2100 IDS Center
`80 South Eighth Street
`Minneapolis, MN 55402-2112
`(612) 321 2800
`(612) 321 2288 – Facsimile
`
`Richard J. Groos
`FULBRIGHT & JAWORSKI L.L.P.
`600 Congress Avenue, Suite 1900
`Austin, Texas 78701
`(512) 474-5201
`(512) 536-4598– Facsimile
`
`ATTORNEYS FOR PLAINTIFF
`GENERAL MILLS, INC.
`
`
`
`Dated: July 14, 2010
`
`
`
`
`
`90113147.1
`
`8
`
`

`
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 1 of 60
`
`Exhibit A
`
`
`
`
`
`
`
`

`
`Page 1 of 1
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 2 of 60
`
`Loaded Mashed Potatoes
`Recipe courtesy Paula Deen
`
`Prep Time:
`Inactive Prep Time:
`Cook Time:
`
`15 min
`--
`45 min
`
`Level:
`Easy
`
`Serves:
`8 servings
`
`Ingredients
`” 2 heads garlic
`” 6 pounds Idaho potatoes, peeled and quartered
`” Salt
`” 2 teaspoons freshly ground black pepper
`” 1/2 cup butter
`” 1 (12-ounce) carton sour cream
`” 1 (8-ounce) block sharp white Cheddar, grated
`” 1 1/2 pounds cooked bacon, julienned
`
`Directions
`Preheat oven to 350 degrees F.
`
`Cut tops off 2 garlic heads. Wrap in foil and roast for 30 minutes. When cool enough to
`handle remove the flesh from the garlic heads and set aside.
`
`In a large stockpot, cook potatoes in enough salted water to cover for 10 to 15 minutes or
`until tender.
`
`Drain and return to stockpot. Beat with an electric mixer until smooth; adding salt, to taste,
`pepper, butter, garlic and sour cream. With a spatula stir in cheese and bacon. Add more salt
`and pepper, if necessary. Serve immediately.
`
`Printed from FoodNetwork.com on Tue Jul 13 2010
`
`© 2010 Television Food Network, G.P. All Rights Reserved
`
`
`
`http://www.foodnetwork.com/food/cda/recipe_print/0,1946,FOOD_9936_303940_RECIP...
`
`7/13/2010
`
`

`
`Signature Soups - SIGNATURE SOUPS
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 3 of 60
`
`Page 1 of 2
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`Signature Soups - SIGNATURE SOUPS
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 4 of 60
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`
`Walmart.com: Marketside: Loaded Baked Potato Soup, 16 oz: Marketplace
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 5 of 60
`
`Page 1 of 1
`
`Price varies by store.
`Marketside: Loaded Baked Potato Soup, 16 oz
`
`Product I nform at ion
`
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`
`
`” Our Rich, Cream y Brot h Wit h Oven- Roast ed Russet Pot at oes, Sour Cream , Cheese, Bacon, And
`Chives.
`” No Art ificial Preservat ives, Colors, Or Flavors.
`” Ready To Eat I n Minut es.
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`About Our Prices
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`We st rive to provide you with the lowest prices possible on Walm art .com as well as in our st ores.
`However, som etim es a price online does not m atch t he price in a store. Walm art .com 's prices
`m ay be eit her higher or lower t han local st ore prices. Our local st ores do not honor Walm art .com
`pricing or com petit or advertisem ent s from out side of a st ore's local t rade t errit ory.
`
`http://www.walmart.com/ip/Loaded-Baked-Potato-Soup/14025778
`
`7/13/2010
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`

`
`Potato topping | Dairy Foods | Find Articles at BNET
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 6 of 60
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`Page 1 of 2
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`” Find Articles in:
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` 0
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`Po tato to ppin g
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`Dairy Foods, Feb, 20 0 3
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`Company: National Harvest
`
`Location: Kansas City, Mo.
`
`Introduced: J une 20 02
`
`Details: National Harvest introduces the first line of shelf-stable liquid baked potato toppings under the brand Load-It[R]. The
`first variety, Fully Loaded, is a sauce blend of sour cream, butter, Cheddar cheese, real bacon and chives. For Thanksgiving, the
`company grew the line with Sweet Potato, a blend of butter, brown sugar, sugar, pecans and cinnamon. Load-It has a nine-
`month, no-refrigerated shelflife and is sold in the produce department. The sauces come in 4-oz pouches and contain enough to
`completely cover two baked potatoes. Suggested retail price is 99 cents to $ 1.19.
`
`Distribution: National
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`COPYRIGHT 20 0 3 BNP Media
`COPYRIGHT 20 0 8 Gale, Cengage Learning
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`http://findarticles.com/p/articles/mi_m3301/is_2_104/ai_97998621/
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`7/13/2010
`
`

`
`Bulk Loaded Baked Potato Soup Mix by All Mixed Up, Ltd.
`Page 1 of 2
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 7 of 60
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`SEARCH
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`Go!
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`Hom e > Gourm et Mixes > Hearty Soup Mixes > Bulk Soup and Chili Mixes > Bulk Lo
`Pot ato Soup Mix
`
`Loaded Baked Potato Soup Mix
`Bulk bags sold by the pound.
`The more you buy, the more you save!
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`Bulk Loaded Ba ked Pot at o Soup Mix
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`I t em # AMUBlkLdBkPot
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`$ 5 .7 0 , 6 for $ 3 0 .8 0 , 1 2 for $ 5 6 .2 5 , 1 8 for $ 7 5 .9 9
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`Add to cart
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`Product Description
`
`Just add m ilk for a cream y blend of real I daho pot at oes, cheddar cheese, so
`bacon bit s, but t er, and chives! There are plent y of diced pot at oes in the m ix
`a heart y m eal.
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`Mix w it h m ilk.
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`Bulk m ix sold by t he pound. Order quant it y of 1 has a net w eight of 1 6 oz. O
`1 lb. w ill be com bined int o 1 bag.
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` recipe requires 8 oz. of m ix and yields 4 servings.
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` 1
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`Cont ains soy, dairy, w heat .
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`MI NI MUM ORDER 3 POUNDS.
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`Each order of bulk m ix w ill be labeled w it h t hat m ix's nam e, direct ions t o m a
`recipe, ingredient s, net w eight , and any com m on allergens.
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`
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`Accessories
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`http://store.firehousepantrystore.com/amublkldbkpot.html
`
`7/13/2010
`
`

`
`Bulk Loaded Baked Potato Soup Mix by All Mixed Up, Ltd.
`Page 2 of 2
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 8 of 60
`
`Loaded Bak ed Pot at o Soup Mix
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` ,_f"'.'Mon1 E: Popcorn ~ Popcorn - Windows Internet Explorer
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 9 of 60
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`Tastes just a baked potato with chee5e,bacun 'ni1'3,chi\res,& butler!
`
`Select Flavor
`
`fl-an 515.5
`
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`
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`
`- 1 -
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`

`
`Discover more about the Flavors of Pringles - United States
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 10 of 60
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`Loaded Baked Pot at o
`
`
`Nutrition Information
`
`
`
`
`
`Serving Size 1 Ounce (28 g, approx. 16 crisps)
`Servings Per Container 6
`
`
`Amount Per Serving
`Calories 150
`
`
`Total Fat
`Saturated Fat
`
`Calories from Fat 80
`
`
`
`9g
`
`2.5g
`
`%Daily *
`
`14%
`
`13%
`
`http://www.pringles.com/en_US/Pages/Flavors.aspx?Flavor=5
`
`7/13/2010
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`

`
`Discover more about the Flavors of Pringles - United States
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 11 of 60
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`Page 2 of 2
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`Trans Fat
`Cholestrol
`
`g
`
`0g
`
`0mg
`
`150 mg
`
`Sodium
`Total Carbohydrate
`Dietary Fiber
`Sugars
`Protein
`Vitamin A 0% • Vitamin C 6%
`
`15g
`
`1g
`
`0g
`
`1g
`
`
`
`0%
`
`6%
`
`5%
`
`3%
`
`Calcium 0% • Iron 0%
`
`ONION POWDER, GARLIC POWDER,
`SOYBEAN OIL, HONEY, NATURAL FLAVOR,
`CITRIC ACID, DISODIUM GUANYLATE,
`DISODIUM INOSINATE AND ROSEMARY
`EXTRACT. CONTAINS WHEAT
`INGREDIENTS.
`
`© 2010 Procter & Gamble P&G FAQs Privacy Terms & Conditions P&G Links Sitemap
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`http://www.pringles.com/en_US/Pages/Flavors.aspx?Flavor=5
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`7/13/2010
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`

`
`Loaded Baked Potato Gourmet Popcorn (2 Gallon Bag) from America's Favorite Gourmet Popcorn Company - Cornzapoppin: ...
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 12 of 60
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`Page 1 of 8
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`Hello, Renee Kraft. We have recommendations for you. (Not Renee?)
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`Loaded Baked Potato Gourmet Popcorn
`from America's Favorite Gourmet
`Popcorn Company - Cornzapoppin
`Other products by Cornzapoppin
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`No customer reviews yet. Be the first.
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`Price: $9.85
`
`Size: 2 Gallon Bag
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`3.5 Gallon Bag
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`.75 Gallon Bag
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`2 Gallon Bag
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`$9.85 + $9.50 shipping
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`In Stock. Sold by Cornzapoppin
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`6.5 Gallon Bag
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`Product Features
`Size: 2 Gallon Bag
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`z Highest quality ingredients
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`http://www.amazon.com/Gourmet-Popcorn-Americas-Favorite-Company/dp/B000FLSYGQ/ref=sr_1_7?ie=UTF8&s=grocery&...
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`7/13/2010
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`

`
`KettleFoods.com / Potato Chips
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 13 of 60
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`Page 1 of 2
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`Our Products
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`Zipcode
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`Potato Chips
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`Potato Chips
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`Baked Chips
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`Krinkle Cut™ Chips
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`Nut Butters
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`Behold, the perfect chip. Pick one up. Turn it gently
`in your hand. Admire the character, the unique,
`individual shape, the beautiful tawny gold color. We
`gently cook our potatoes to perfection in the finest
`oils, and then gently season them with the freshest,
`all natural ingredients and spices, creating chips
`with deep, rich flavors and fresh-from-the-field
`character.
`
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`BROWSE THE FLAVORS
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`PREV
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`Fully Loaded Baked Potato™
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`Piling on the FLAVOR
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`http://www.kettlefoods.com/our_products/
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`7/13/2010
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`
`KettleFoods.com / Potato Chips
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 14 of 60
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`Page 2 of 2
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`Our Products
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`About Us
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`Find your favorite produ
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`Inspired by thousands of fan recipes in the Create-a-C
`Challenge, this cream y, sm oky, cheesy chip doesn’t ho
`back on the flavor front. Dive into a collection of toppi
`straight from the baked potato bar – tangy sour cream
`fresh green onion, rich cheddar cheese – and an all-na
`sm oky flavor that’s our and vegetarian answer to fans’
`of bacon– for a perfectly balanced bite straight out of t
`bag. Add this fan favorite to your football party spread
`score a snacking touchdown! Available in 2oz, 5oz, an
`
`BUY NOW
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`NUTRITIONALS & INGREDIENTS
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`http://www.kettlefoods.com/our_products/
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`7/13/2010
`
`

`
`Walmart.com - T.G.I. Friday's: Loaded! Cheddar & Bacon Potato Skins, 13.50 oz
`Page 1 of 1
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 15 of 60
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`http://www.walmart.com/catalog/detail.gsp?image=http://i.walmartimages.com/i/p/00/04/6...
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`7/13/2010
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`

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`Dave & Buster's Restaurant Menu | Enjoy Steaks, Salads, Sandwiches, Appetizers and M...
`Page 1 of 2
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 16 of 60
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`locations
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`We don’t mean to brag, but our menu is awesome. And it tastes just as fantas
`There’s only one problem: saving room for dessert. But something tells us you
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`You know what else you can handle? A deal. Order from the Eat & Play Comb
`entrees and a $10 game card for only $15.99*. Eat. Play. And do them both fo
`More about the Combo.
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`Steaks
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`Build Your Own Soft Tacos - NEW!
`Marinated NY steak, chicken breast or tender shrimp served with crisp lettuce
`sour cream, cheddar cheese, fresh-made guacamole and warm soft tortillas. S
`side of spicy rice and black beans. Steak, Chicken or Shrimp.
`
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`Hawaiian New York Strip
`Chargrilled 12oz New York Strip marinated and glazed with our sweet Teriyak
`Served with loaded garlic mashed potatoes and crispy frazzled onions.
`
`Black Jack New York Strip
`12 oz. New York Strip marinated and glazed with our sweet BBQ sauce made
`Daniel's®. Served with loaded garlic mashed potatoes and crispy frazzled oni
`
`Chargrilled New York Strip
`12oz New York Strip hand-seasoned with fresh cracked pepper. Served with
`garlic mashed potatoes and crispy frazzled onions.
`
`Peppercorn New York Strip
`12oz New York Strip topped with herbed Boursin cheese and peppercorn sau
`with loaded garlic mashed potatoes and crispy frazzled onions.
`
`Teriyaki Sirloin Steak
`Chargrilled 8oz Sirloin marinated and glazed with our sweet Teriyaki sauce. S
`loaded garlic mashed potatoes and crispy frazzled onions.
`
`Black Jack BBQ Sirloin Steak
`8oz Sirloin glazed with our sweet BBQ sauce made with Jack Daniel's®. Serv
`garlic mashed potatoes and crispy frazzled onions.
`
`Chargrilled Sirloin Steak
`8oz Sirloin hand-seasoned with fresh cracked pepper. Served with loaded gar
`potatoes and crispy frazzled onions.
`
`Peppercorn Sirloin Steak
`8oz Sirloin topped with herbed Boursin cheese and peppercorn sauce. Served
`garlic mashed potatoes and crispy frazzled onions.
`
`http://www.daveandbusters.com/eat/menu.aspx?id=586
`
`7/13/2010
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`

`
`Dave & Buster's Restaurant Menu | Enjoy Steaks, Salads, Sandwiches, Appetizers and M...
`Page 2 of 2
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 17 of 60
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`Island Grilled Trifecta
`Individual skewers of honey-teriyaki glazed sirlion steak, seasoned chicken br
`tender shrimp, all grilled to perfection and served on a bed of spicy rice medle
`pineapple pico de gallo, Teriyaki BBQ sauce, and a mango citrus sauce for di
`
`Black Jack BBQ Chicken & Ribs
`Our ribs and chicken breast served with loaded garlic mashed potatoes and o
`sauce made with Jack Daniel’s®.
`
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`http://www.daveandbusters.com/eat/menu.aspx?id=586
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`7/13/2010
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`
`Walmart.com - Shedd's Country Crock: Loaded Mashed Potatoes Side Dishes, 21 oz
`Page 1 of 1
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 18 of 60
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`http://www.walmart.com/catalog/detail.gsp?image=http://i.walmartimages.com/i/p/00/02/7...
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`7/13/2010
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`

`
`Page 1 of 1
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 19 of 60
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`
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`http://www.marylanddelivered.com/images/loadedbakedpotato1.jpg
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`7/13/2010
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`

`
`Loaded Baked Potato Dip Mix from MoonShadows Farm
`Page 1 of 2
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 20 of 60
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`Home | About Us | Contact Us | Payment & Shipping
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`Description
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`Loaded Baked Potato Dip Mi
`
`Price: $3.50
`
`Order
`
`Quantity:
`
`1
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`E-mail to a friend
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`If you like a good restaurant baked potato, you'll love this top-selling dip co
`bacon, cheddar cheese and chives. Great as a pretzel dip, in your steaming
`add a few tablespoons to your next potato salad.
`
`Ingredients:
`Cheddar cheese (dehydrated blend of whey, buttermilk solids, cheese [milk
`salt, enzymes] whey protein concentrate, salt sodium phosphate, citric acid
`6, lactic acid, enzyme), imitation bacon bits (textured vegetable protein (so
`color, red3), partially hydrogenated soybean oil, salt, natural flavoring, hyd
`Gluten, soy protein, and wheat gluten), chives, garlic powder and minced o
`
`Serving Instructions:
`Mix contents of package with 1 cup sour cream and 1/2 cup mayonnaise.
`Let chill at least 1 -2 hours before serving.
`Serve with crackers, chips or veggies and enjoy!
`
`Other serving suggestions:
`- Sprinkle on your favorite meat before cooking.
`- Use dip as a sandwich spread.
`- Mix with 16oz of cream cheese as a bagel spread.
`- Mix in your mashed potatoes for an extra burst of flavor.
`
`Home | Site Map | Privacy | Terms
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`http://www.moonshadowsfarm.com/dip-mixes/loaded-baked-potato-dip-mix.html
`
`7/13/2010
`
`

`
`Loaded Potato Dip Mix
`Page 1 of 1
`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 21 of 60
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`Hom e > Gourm et Dips > Loaded Potato Dip Mix
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`Loaded Potato Dip Mix
`
`I tem # loaded- potat o- dip- m ix
`
`$ 3 .2 5
`
`Product Descript ion
`
`LOADED POTATO
`
`Loaded Pot at o rem ains a very popular dip m ix t hat receives very posit ive reviews. Make
`16 oz. of sour cream wit h 1 package of t he dip m ix. The dip it self is very delicious. We al
`using as a filling for your baked pot at o, ie loaded pot at o. I t 's ideal for filling your pot at o
`som e t o your m ashed potat oes for an ultim ate tast e. With the sour cream already in the
`wit h chives, bacon bit s, it s skin dipping t im e. Loaded Potato can be used t o m ake soup a
`add a few cups of hot wat er to 1 package of the m ix, and you have a delicious broth. Add
`noodles, chicken, beef, et c.and enjoy.
`
`I ngredients: Salt, Chedder cheese, onion, bacon bits, t om at o powder, yeast ext ract, garl
`red bell pepper, sugar, but t erm ilk solids, but t er ( cream , salt ) parsley, chive, cit ric acid, c
`non fat m ilk, sodium phosphate, soybean oil, lact ic acid, sunflower oil, nat ural sm oke flav
`wt. ( 34g)
`
`
`
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`http://www.thegotshopestes.com/loaded-potato-dip-mix.html
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`7/13/2010
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`

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`Loaded Spud Ripple Chips
`
`Page 1 of 2
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`Case 0:10-cv-03000-JNE-AJB Document 1-1 Filed 07/14/10 Page 22 of 60
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`Home > OLD DUTCH Snack Products > - Ripples Potato Chips - > Loaded Spud Ripple Chips
`
`Loaded Spud Ripple Chips
`
`Price: $3.99
`
`Loaded Spud Ripple Chips
`10 oz bag, A nice blend of flavor: Bacon,
`Sour Cream, Chives and Cheddar Cheese
`all in one Potato Chip. Zero Grams of Trans
`Fat! These Old Dutch Chips can be frozen
`for longer keeping. Please keep them in the
`bag and unopened. The bag will expand
`because of the cold air. The chips will taste
`just as fresh as when they went into the
`freezer. Our recommendation is not to
`leave them in the freezer for more that 2-3
`months past the expiration d