Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA425162
`ESTTA Tracking number:
`08/15/2011
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92054065
`Defendant
`United Suppliers, Inc.
`TIMOTHY J ZARLEY
`ZARLEY LAW FIRM PLC
`CAPITAL SQUARE, 400 LOCUST SUITE 200
`DES MOINES, IA 50309-2350
`UNITED STATES
`tzarley@zarleylaw.com, zarleylaw.com
`Motion to Suspend for Civil Action
`Timothy J. Zarley
`tzarley@zarleylaw.com
`/Timothy J. Zarley/
`08/15/2011
`Motion to Suspend Proceedings_.pdf ( 3 pages )(16112 bytes )
`Exhibit 1_.pdf ( 24 pages )(2397583 bytes )
`Exhibit 2_.pdf ( 9 pages )(2822210 bytes )
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`Proceeding
`Party
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`Correspondence
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Cancellation No. 92054065
`Reg. 3,673,019
`Mark: SRN28
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`NA-CHURS PLANT FOOD COMPANY,
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`Petitioner,
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`UNITED SUPPLIERS, INC.,
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`Registrant.
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`MOTION TO SUSPEND PROCEEDINGS
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`COMES NOW Registrant pursuant to 37 C.F.R. §2.117 and requests the Opposition
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`proceedings be suspended.
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`On May 31, 2011, Petitioner Na-Churs Plant Food Company (hereinafter "Na-Churs")
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`filed a Petition For Cancellation of Registrant's Registration No. 3,673,019 for the mark SRN28.
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`Registrant has since filed a lawsuit in the Southern District of Iowa regarding trademark
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`infringement by Petitioner of the Registration in question. (Exhibit 1). Petitioner in its answer
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`has contested the validity of Registrant's trademark rights consistent with the arguments it has
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`made in its Petition for Cancellation. (Exhibit 2)
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`The Trademark Trial and Appeal Board has the inherent power to determine whether or
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`not to stay its own proceedings. Stealth Industries, Inc. v. Diamond Multimedia Systems, Inc.,
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`1999 Commr. Pat. LEXIS 38, *4 (Comm. Pat. and Trademarks May 20, 1999)(citing Opticians
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`Ass’n of America v. Independent Opticians of America Inc., 734 F. Supp. 1171, 14 USPQ2d
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`2021 (D.N.J. 1990), rev’d on other grounds, 920 F.2d 187, 17 USPQ2d 1117 (3rd Cir. 1990)).
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`Under 37 C.F.R. § 2.117(a), "whenever it shall come to the attention of the Trademark Trial and
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`Appeal Board that a party or parties to a pending case are engaged in a civil action or other
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`Board proceeding which may have a bearing on the case, proceedings before the Board may be
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`suspended until termination of the civil action or the Board proceeding.” 37 C.F.R § 2.117.
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`Petitioner has challenged the validity of the Registrant's trademark, this decision will
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`have a bearing on the present proceeding. In addition, no discovery, dispositive motions or
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`actions other than the filing of the Petition for Cancellation have occurred presenting little to any
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`prejudice. Further, if the proceeding continues, the opportunity for an inconsistent conclusion
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`with the District Court occurs. See Vining Industries, Inc. v. The Libman Co., 1996 TTAB
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`LEXIS 455, *6 (TTAB 1996)(suspending proceeding in part to avoid duplicating the effort of the
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`district court and the possibility of reaching an inconsistent conclusion). Further, suspension
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`promotes judicial economy. Id. Therefore, Registrant respectfully requests the Board suspend
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`proceedings accordingly.
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`WHEREFORE, Registrant prays that this Motion to Suspend Proceedings be granted.
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`Respectfully submitted,
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`/s/Timothy J. Zarley
`Timothy J. Zarley
`ZARLEY LAW FIRM, P.L.C.
`Capital Square
`400 Locust, Suite 200
`Des Moines, IA 50309-2350
`(515) 558-0200 Telephone
`(515) 558-7790 Facsimile
`tzarley@zarleylaw.com (E-mail)
`www.zarleylaw.com (Website)
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`Dated: August 15, 2011
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`CERTIFICATE OF MAILING AND SERVICE
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`I certify that on August 15, 2011, the foregoing MOTION TO SUSPEND
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`PROCEEDINGS is being electronically filed via the ESTTA on-line filing process.
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`I further certify that on August 15, 2011, the foregoing MOTION TO SUSPEND
`PROCEEDINGS was served upon the Registrant by mailing a true and complete copy thereof by
`U.S. First Class Mail, postage prepaid to:
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`Scott W. Wright
`5030 Broadway, Suite 725
`New York, NY 10034
`E-mail: scott.wright@ameriprop.net
`Telephone: 917.210.5882
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`/s/Timothy J. Zarley
`Timothy J. Zarley, Attorney for Respondent
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`Case 4:11-cv-00342-JAJ -RAW Document 1
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`Filed 07/25/11 Page 1 of 7
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF IOWA
`CENTRAL DIVISION
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`Civil Action No. 11-342
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`JURY TRIAL DEMANDED
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`UNITED SUPPLIERS, INC.,
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`Plaintiff,
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`vs.
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`NA-CHURS PLANT FOOD COMPANY,
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`Defendant.
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`COMPLAINT FOR TRADEMARK INFRINGEMENT
`.__T_..
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`Plaintiff, United Suppliers, Inc. (referred to herein as “United Suppliers”), by and through
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`its undersigned attorneys for its complaint against Na-Churs Plant Food Company (hereinafter
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`referred to as “Na—Churs”), allege as follows:
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`PARTIES
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`1.
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`Plaintiff, United Suppliers is an Iowa corporation with a principal place of
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`business at PO. Box 538, 30473 260th Street, Eldora, Iowa 50627.
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`2.
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`Upon information and belief, Defendant Na-Churs is a Delaware corporation,
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`with a principal place of business located at 421 Leader Street, Marion, Ohio 43302.
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`JURISDICTION AND VENUE
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`3.
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`This action arises under the Acts of Congress under the Lanham Act, Title 15
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`U.S.C. § 1051, et seq. As such, this Court has subject matter jurisdiction under the provisions of
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`Title 28 U.S.C. §§ 1331 and 1338 because this action involves federal questions of law.
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`Registrant's Exhibit 1
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`Case 4:11-cv-00342—JAJ -RAW Document 1
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`Filed 07/25/11 Page 2 of 7
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`4.
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`This Court may exercise personal jurisdiction over Defendant. Upon information
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`and believe, Defendant does business in this judicial district, and a substantial part of the events
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`giving rise to this action have occurred and continue to occur in this judicial district.
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`5.
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`This court has supplemental jurisdiction over the -claims brought under the
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`common law pursuant to Sections l338(b) and 1367(a) of Title 28 of the United States Code.
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`6.
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`Venue is proper in this judicial district pursuant to Sections 1391 and 1400 of
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`Title 28 of the United States Code.
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`PLAINTIFFS’ BUSINESS AND TRADEMARK RIGHTS
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`7.
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`United Suppliers is a company that sells agricultural products, including fertilizer.
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`United Suppliers advertises its products throughout the United States.
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`8.
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`United Suppliers owns and uses in commerce the mark "SRN28", U.S. Reg. No.
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`3,673,019 for “fertilizer, namely, slow release nitrogen fertilizer in liquid form with chemical
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`properties that allow the nitrogen content of the product to release slowly into the soil if ground
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`applied or into the plant if applied foliar" (hereinafter "the ‘D19 Registration"). A copy of this
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`registration is attached as Exhibit 1.
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`9.
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`United Suppliers has been using the “SRN28” mark since at least as early as
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`2006, in association with fertilizer in the United States.
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`10.
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`United Suppliers starting in 2006 has continuously used the "SRN28" mark in
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`association with fertilizer in advertising in commerce throughout the United States.
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`11.
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`United Suppliers has spent significant time, money, and effort in developing the
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`recognition of its "SRN28" mark and related goods.
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`12.
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`The "SRN28" mark is distinctive.
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`

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`Case 4:11-cv-00342-JAJ -RAW Document 1
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`Filed 07/25/11 Page 3 of?
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`DEFENDANT’S UNLAWFUL CONDUCT
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`13.
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`By way of background, Na-Churs has a website at www.nachurs.com (hereinafter
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`“Na-Churs website”) where Na-Churs advertises its products. Exhibit 2.
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`14.
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`By way of background, at the Na-Churs website phone numbers and email
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`addresses are provided at the domain name wwwnachurs.corn/sa1es_team.html. Exhibit 3.
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`15.
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`By way of background, at the Na-Churs website Na-Churs advertises a product
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`under the tradename "NACHURS SRN" and "NACHURS SRN" (design) using the domain
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`name www.nachurscom/SRN_28—0—0_72.htrnl attached as Exhibit 4.
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`16.
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`By way of background when an individual does a search at the search engine
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`wwvv.goog1e.com for “SRN28” the wwvvnachurs.com/SRN__28-0—O_72.htrn1 domain name
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`advertising is the first link that appears. Exhibit 5.
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`17.
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`By way of background, when an individual does a search at the search engine
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`www.yahoo.corn for “SRN28” the www.nachurs.com/SRN_28-0—0_72.htrnl domain name
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`advertising is the first link on the second page of results that appears. Exhibit 6.
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`18.
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`By way of background, the national advertising and promotion of fertilizers by
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`Nachurs including on the Nachurs website and including the use of the domain name
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`wwwnachurs.com/SRN_28~0-0_72.html in advertising has caused and causes actual confusion
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`among consumers regarding the source of the goods rendered by Na-Churs.
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`FIRST CLAIM FOR RELIEF
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`( FEDERAL TRADEMARK INFRINGEMENT, 15 U.S.C. § 1117)
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`19.
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`United Suppliers repeats and re-alleges, and incorporates by reference, the
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`foregoing paragraphs as though the same were fiilly set forth at length herein.
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`Case 4:11—cv-00342-JAJ -RAW Document 1
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`Filed 07/25/11 Page 4 of?
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`20.
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`This cause of action is for trademark infringement pursuant to 15 U.S.C. § 1117 et
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`seq.
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`21.
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`United Suppliers owns and uses in commerce the federally registered mark
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`“SRN28", U.S. Registration No. 3,673,019.
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`22.
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`United Suppliers has adopted the "SRN28" mark for fertilizer.
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`23.
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`Defendant's uses and continued uses of the domain name
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`www.nachurs.com/SRN_28-0-0_72.htrnl in advertising at the Na—Churs website to promote
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`products sold under the "NACHURS SRN" and "NACHURS SRN" (design) tradenames in
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`commerce is likely to cause confusion or mistake amongst, or likely to mislead and/or deceive
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`prospective consumers with respect to the origin and quality of Na-Churs' products and United
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`Suppliers has been and is likely to be damaged by such actions.
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`24.
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`25.
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`Defendant targets the same consumer base as United Suppliers.
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`United Suppliers’ goodwill is extremely valuable, and Defendant’s continued
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`unauthorized use of the "SRN28" mark is detrimental to United Suppliers.
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`26.
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`Defendant has not received authorization or permission from United Suppliers to
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`continue using the "SRN28" mark. Similarly, United Suppliers has not acquiesced to
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`Defendant's use of the "SRN28" mark.
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`27.
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`On or about February 7, 2011, United Suppliers notified Defendant of United
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`Supplier's rights in the "SRN28" mark. Despite this warning, Defendant continues to use
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`Plaintiff's mark in advertising. A copy of the correspondence sent to Defendant, is attached
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`hereto as Exhibit 7.
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`Case 4:11-cv-00342-JAJ —RAW Document 1
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`Filed 07/25/11 Page 5 of 7
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`28.
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`Defendant’s conduct described above has caused and, if not enjoined, will
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`continue to cause irreparable damage to the intellectual property rights of United Suppliers, and
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`its business, reputation and goodwill. United Suppliers‘ damages from the aforesaid unlawful
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`actions of Defendant, to the extent ascertainable, have not yet been determined.
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`SECOND CLAINI FOR RELIEF
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`(DECLARATORY JUDGMENT OF VALIDITY, 15 U.S.C. § 1117,28 U.S.C 2201 ET. SEQ.)
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`Declaratory Judgment of Validity of the SRN28 Registration
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`29.
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`United Suppliers repeats and re-alleges, and incorporates by reference, the
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`foregoing paragraphs as though the same were fully set forth at length herein.
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`30.
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`On May 31, 2011 Defendant filed a Petition to Cancel Plaintiff’ s registration for
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`the mark SRN28 in the Trademark Office alleging the mark is merely descriptive and generic
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`and thus was not entitled to registration.
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`31.
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`Plaintiffs trademark is not descriptive or generic and Plaintiff has a valid
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`trademark right in the registered SRN28 trademark.
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`32.
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`Accordingly, an actual and judiciable controversy within the meaning of 28
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`U.S.C. §§ 2201 et. seq. exists between Plaintiff and Defendant relative to the validity of
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`Plaintiff’ s registered SRN28 trademark.
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`33.
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`Jurisdiction and venue are proper in this Court for this Declaratory Judgment
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`pursuant to 28 U.S.C. §§ 1331 and 1391 (b) respectively.
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`PRAYER FOR RELIEF
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`Wherefore, United Suppliers prays for relief against Defendant as follows:
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`Case 4:11-cv—00342-JAJ -RAW Document 1
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`Filed D7/25l11 Page 6 of 7
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`1.
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`That the Court permanently enjoin and restrain Defendant, its officers, directors,
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`agents, employees and all persons in active concert or participation with it who receives actual
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`notice of the injunction, by personal service or otherwise, from doing, abiding, causing or
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`abetting any of the following:
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`A.
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`B.
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`infringing or contributing to the infringement of the "SRN28" mark;
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`engaging in any acts or activities directly or indirectly calculated to
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`infringe United Suppliers’ "SRN28" mark; and
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`C.
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`using any designation, term, marks, slogan, logo, configuration or design
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`that is confusingly similar to United Suppliers‘ "SRN28" mark.
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`That the Court find and declare Plaintiff’ s SRN28 registration valid.
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`That the Court find that Defendant is infringing United Suppliers‘ "SRN28" mark.
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`That the Court order Defendant to deliver up to United Suppliers for destruction,
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`2.
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`3.
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`4.
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`at Defendant's expense, all signage, newsletters, articles, fertilizer, web site materials, literature,
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`brochures, promotional materials, advertisements and other communications to the public in the
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`possession or under the control of Defendant, and any other material or any representations that
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`are or may contain designations similar to United Suppliers‘ "SRN28" mark.
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`5.
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`That the Court order Defendant to account for and pay to United Suppliers the
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`damages to which United Suppliers is entitled as a consequence of the infringement of United
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`Suppliers‘ "SRN28" mark in violation of Section 1117 of Title 15 of the United States Code.
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`6.
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`That the Court award United Suppliers its actual damages and interest allowed by
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`law.
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`Case 4:11-cv—UO342—JAJ «RAW Document 1
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`Filed 07/25/11 Page 7 of 7
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`7.
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`That the Court award United Suppliers its compensatory, incidental, and
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`consequential damages.
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`8.
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`That the Court award United Suppliers enhanced, treble, and/or punitive damages
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`because of willful actions.
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`9.
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`That the Court award United Suppliers its reasonable attorneys’ fees and the costs
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`of this action.
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`10.
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`That the Court grant United Suppliers such other relief as is just and proper.
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`JURY TRIAL DEMAND
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`COMES NOW the Plaintiff and hereby demands a trial by jury of all issues herein.
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`Dated July 25, 2011.
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`By:
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`/s/Timothy J. Zarley
`Timothy J. Zarley
`Iowa Bar No. 15785
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`ZARLEY LAW FIRM, P.L.C.
`400 Locust Street
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`Capital Square, Suite 200
`Des Moines, IA 50309-2350
`Telephone: (515) 558-0200
`Facsimile:
`(515) 558-7790
`E-mail address:
`tzarley§a)zarleylaw.com
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`Attorney For Plaintiff United Suppliers, Inc.
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`

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`M544 (RW_m0,) Case 4:11-cv-00342-JAtfif1\fiJl §fiflEfi|ed 07/25/11 Page 1 of 2
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`The JS 44 civil cover sheetand the information contained herein neitherrefplace nor su plemcnt the filing and service ofpleadings or otherpapers as re uired by law, except as provided
`by lo_ca_I rules ofcourt. This form, approved by the Judicial Conference 0 the United States in September 1974, is required for the use oft e Clerk of curt for the purpose ofinitiating
`the Clvll docket sheet.
`(SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
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`i, (a) PLAINTIFFS
`United Suppliers, Inc.
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`DEFENDANTS
`Na-Churs Plant Food Company
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`(b) County of Residence of First Listed Plaintiff Hardin
`County of Residence of First Listed Defendant
`(EXCEPT IN US. PLAINTIFF CASES)
`(IN U.S. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
`LAN D INVOLVED.
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`NOTE:
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`_
`(c) Attor_ney’s|£Firm Name Address, and Telephone Nurriirerr
`Zarley Law Firm,
`.L.C., 400 Locust Street, Capita Square, Suite 200
`Des Moines, Iowa 50309-2350 - 515.558.0200
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`Att0meys(!f1<mwn)
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`11. BASIS OF JURISDICTION (Place an -*x" in One Box Only)
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`D 1 US. Government
`Plaintiff
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`E 3 Federal Question
`(U.S. Government Not a Party)
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`D 2 U.S. Government
`D°f°“'i““'
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`D 4 Diversity
`(Indicate Citizenship of Parties in Item III)
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`1!]. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X" in One Box for Plaintiff
`(For Diversity Cases Only)
`and One Box for Defendant)
`PTF‘
`PTF
`DEF
`D I
`D 4
`D 4
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`DEF
`D l
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`Incorporated or Principal Place
`of Business In This State
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`Citizen of This State
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`Citizen of Another State
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`D 2
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`D 2
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`Citizen or Subject ofa
`Forei Coun
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`D 3
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`D 3
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`Incorporated and Principal Place
`‘’I B“““‘“ 1“ ‘°‘“‘’“‘°' 5”“
`Foreign Nation
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`D 5
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`D 5
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`D 6
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`D 6
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`IV. NATURE OF SUIT
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`'
`§§,iE.
`PERSONAL INJURY
`PERSONAL INJURY
`D I10 Insurance
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`D 362 Personal Injury -
`D 310 Airplane
`D I20 Marine
`Med. Malpractice
`D 315 Airplane Product
`D I30 Miller Act
`D 365 Personal Injury «
`Liability
`D 140 Negotiable Instrument
`Product Liability
`D I50 Recovery of Overpayment D 320 Assault, Libel &
`D 368 Asbestos Personal
`&EnforcementofJudgment
`Slander
`Injury Product
`D I51 Medicare Act
`D 330 Federal Employers’
`Liability
`CI I52 Recovery of Defaulted
`Liability
`PERSONAL PROPERTY
`Student Loans
`D 340 Marine
`D 370 Other Fraud
`(Excl. Veterans)
`D 345 Marine Product
`D 371 Truth in Lending
`D 15] Recovery ofoverpayment
`Liability
`D 380 Other Personal
`ff)
`of Veteran’s Benefits
`D 350 Motor Vehicle
`Act
`Property Damage
`D 862 Black Lung (923)
`D 160 Stockholders’ Suits
`D 355 Motor Vehicle
`D 720 Laliiorllvlgnit. Relations
`CI 385 Property Damage
`D 190 Other Contract
`D 863 DIWC/DIWW (405(s))
`Product Liability
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`D 864 SSID Title XVI
`D I95 Contract Product Liability D 360 Other Personal
`Product Liability
`D 730 Labor/Mgmt.Rcporting
`D 196 F
`‘
`& Disclosure Act
`rancliise
`'
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`' i*T
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`ggasggsngog. ..
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`”i§'33"'
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`.__
`V W V
`D 210 Land Condemnation
`tiff
`D
`D 790 Other Labor Litigation
`s (U.S. Plain
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`
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`D 220 Foreclosure
`D 442 Employment
`Sentence
`D 791 Empl, Rel. Inc.
`or Defendant)
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`Habeas Corpus:
`Security Act
`D 871 IRS—Thir:I Party
`D 230 Rent Lease & Ejectment
`D 443 Housingf
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`D 240 Torts to Land
`Accommodations
`D 530 General
`26 USC 7609
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`"’?‘"i"§'1’E"_‘:r"3"""9‘_?.’°‘
`D 245 Tort Product Liability
`D 444 Welfare
`D 535 Death Penalty
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`D 445 Amer. w/Disabilities — D 540 Mandamus & Other D 462 Naturalization Application
`D 290 All Other Real Property
`D 463 Habeas Corpus -
`Employment
`D 550 Civil Rights
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`555 Prison Condition
`Alien Detainee
`D 446 Amer. wlDisabilities -
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`D 465 Other Immigration
`Other
`Actions
`D 440 Other Civil Rights
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`,
`D 400 State Reapportionment
`D 410 Antitrust
`D 430 Banks and Banking
`D 450 Commerce
`D 460 Deportation
`D 470 Racketeer Influenced and
`Corrupt Organizations
`D 480 Consumer Credit
`D 490 Cable./Sat TV
`D 810 Selective Service
`.. D 350 Securities-’Cornrnodities/
`Exchange
`D 875 Customer Challenge
`12 use 3410
`D 890 Other Statutory Actions
`D 89l Agricultural Acts
`892 Economic Stabilization Act
`893 Environmental Matters
`394 Energy Allocation Act
`895 Freedom of lnfonnation
`Act
`900AppeaI of Fe: Detemiinalion
`Under Equal Access
`to Justice
`D 950 Constitutionality of
`State Statutes
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`
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`I-.t§.EE.i
`D 820 Copyrights
`D 830 Patent
`H 840 Trademark
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`DDDD D
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`AD 811 to District
`(Placean“X"inOne BoxOnly)
`V. ORIGIN
`ij 7 E 3.3 from
`El 4 Reinstated or D 5 Tranfiferé‘-adtrf-Tom D 6 Multidistrict
`El 2 Removed from
`El 3 Rernanded from
`'81 Original
`Jugglsgiie
`Reopened
`agloetcier
`'5 ‘ct
`Litigation
`State Court
`Proceeding
`Appellate Court
`
`
`
`Cite the US. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
`15 U.S.C.Section1117
`
`VI. CAUSE OF ACTION
`Brief description of cause:
`
`
`F
`er |Tr
`rk lnfrin
`
`El CHECK IF THIS IS A CLASS ACTION
`DEMAND s
`CHECK YES only ifdermmded in complaint:
`VII. REQUESTED IN
`COMPLAINT:
`UNDER F-R-C-R 23
`JURY DEMAND:
`of Yes
`D No
`
`
`
`VIII. RELATED CASE(S)
`IF ANY
`
`_
`_
`_
`S
`I °° "'“"’°"°“"'
`
`DATE
`
`07/25/2011
`FOR OFFICE USE ONLY
`
`JUDGE
`SIGNATURE OF ATTORNEY OF RECORD
`
`lslTimothy J. Zarley
`
`DOCKET NUMBER
`
`
`
`RECEIPTAI
`
`
`
`APPLYING IFP JUDGEAMOUNT MAG. JUDGE
`
`
`
`
`
`
`
`. ,
`D 422 Appeal 2% USC I58
`D 423 Withdrawal
`28 USC 157
`
`
`
`
`
`
`
`
`
`D 61.0 Agriculture
`D 620 Other Food & Drug
`D 625 Drug Related Seizure
`of Property 21 USC 881
`D 630 Liquor Laws
`D 640 RR. & Truck
`D 650 Airline Regs.
`D 660 Occupational
`Safety/Health
`D 690 Other
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`IS 44 Reverse (Rev. 12/07)
`
`Case 4:1 ‘l—cv—O0342-JAJ -RAW Document 1-1
`
`Filed 07/25/11 Page 2 of 2
`
`INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
`
`Authority For Civil Cover Sheet
`
`The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service ofpleading or other papers as required
`by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use
`of the Clerk of Court for the purpose ofinitiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk ofCourt for each civil complaint
`filed. The attorney filing a case should complete the form as follows:
`I.
`(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) ofplaintiff and defendant. Ifthe plaintiff or defendant is a government agency, use only
`the full name or standard abbreviations. Ifthe plaintiffor defendant is an official within a government agency, identify first the agency and then the official, giving
`both name and title.
`
`(b) County ofResidence. For each civil case filed, except U.S. plaintiffcases, enter the name of the county where the first listed pl aintiffresides at the time
`of filing. In US. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,
`the county of residence of the “defendant” is the location of the tract of land involved.)
`(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
`in this section “(see attachment)”.
`1!.
`Jurisdiction. The basis of_j urisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X" in one
`of the boxes. If there is more than one basis ofjurisdiction, precedence is given in the order shown below.
`United States plaintiff.
`(1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
`United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X" in this box.
`Federal question.
`(3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
`Constitution, an act of Congress or a treaty of the United States. In cases where the US. is a party, the U.S. plaintiffor defendant code takes precedence, and box
`1 or 2 should be marked.
`
`Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the
`different parties must be checked.
`(See Section III below; federal question actions take precedence over diversity cases.)
`III.
`Residence (citizenship) of Principal Parties. This section ofthe JS 44 is to be completed ifdiversity ofcitizenship was indicated above. Mark this section
`for each principal party.
`IV.
`Nature of Suit. Place an “X" in the appropriate box. Ifthe nature ofsuit cannot be determined, be sure the cause ofaction, in Section VI below, is sufficient
`to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select
`the most definitive.
`
`V.
`
`Origin. Place an “X" in one of the seven boxes.
`
`Original Proceedings. (l) Cases which originate in the United States district courts.
`Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
`for removal is granted, check this box.
`Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
`Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
`Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section l404(a). Do not use this for within district transfers or multidistrict
`litigation transfers.
`Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box
`is checked, do not check (5) above.
`Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
`VI.
`Cause ofAction. Report the civil statute directly related to the cause ofaction and give abriefdescription ofthe cause. Do not cite jurisdictional statutes
`unless diversity.
`Example:
`U._S. Civil Statute: 47 USC 553
`_
`_
`Brief DBSCFIPIIOIIZ Unaufliorized recggtron of cable service
`
`Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
`VII.
`Demand.
`In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
`Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
`VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
`and the corresponding judge names for such cases.
`
`Date and Attorney Signature. Date and sign the civil cover sheet.
`
`

`
`Case 4:11-cv-0O342—JAJ -RAW Document 1-2
`
`Filed 07/25/11 Page 1 of 1
`
`Int. CL: 1
`
`Prior U.S. Cls.: 1, 5, 6, 10, 26 and 46
`
`United States Patent and Trademark Office
`
`Reg. No. 3,673,019
`Registered Aug. 25, 2009
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`SRN28
`
`INC.
`
`(IOWA CORPORA-
`
`FIRST USE 10-15-2006; IN COMMERCE 10-15-2006.
`
`UNITED SUPPLIERS,
`TION)
`P.0. BOX 538
`30473 260TH STREET
`ELDoRA,m50627
`
`FOR: FERTILIZER, NAMELY, SLOW RELEASE
`NITROGEN FERTILIZER IN LIQUID FORM WITH
`CHEMICAL PROPERTIES THAT ALLOW THE NI-
`TROGEN CONTENT OF THE PRODUCT TO RE-
`LEASE SDOWLY INTO THE SOIL IF GROUND
`APPLIED OR INTO THE PLANT IF APPLIED FO-
`LIAR, IN CLASS 1 (U.S. CLS. 1, 5, 6, 10, 26 AND 46).
`
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, OR COLOR.
`
`SBR. NO. 77-701,197, FILED 3-27-2009.
`
`KHANH LE, EXAMINING ATTORNEY
`
`PLA|NTlFF'S EXHIBIT 1
`
`

`
`America's Leading Manufacturer of High Quality Liquid Fertilizers: NACHURS
`Filed 07/25/11 Pae 1 of 3
`Case 4 1-cv—00342-JAJ -RAW Document 1-3
`
`
`
` uncnuxs
`
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`
`Home
`
`_ About Us V _ Liquid Fertilizers T i Agronomics '0'
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`NACHURS PRECISION AG... LIQUID STARTER OPPORTUNITIES
`
`NACHURS liquid starters have a neutral pH and are low in both salt index and impurities.
`These features of our liquid starters enable the product to be placed directly with the
`
`seed at planting time. Placement with the seed allows the available phosphorus to be taken
`up at the critical early stages of growth to maximize yield potential. NACHURS liquid starters
`contain 80% - 100% of their phosphates in the available orthophosphate form,
`
`Orthophosphate is immediately available to the plant during the critical early stages of
`growth. Learn More >>
`
`
`
`MORE THAN JUST A STARTER... NACHURS FOLIAR OPPORTUNITIES
`
`Foliar feeding is one of the most efficient methods of supplying nutrients during
`critical growing stages. NACHURS foliar fertilizers provide available N-P-K and
`chelated micronutrients to make a good crop even better or it can supply a deficient, stressed
`crop the proper nutrients for a quick recovery. NACHURS programs offer the following ioliar
`products: micronutrients, N-P-K fertilizers. and slow release nitrogen products. These
`products can also be customized and combined to ensure crop success.
`Learn More >>
`
`NOW AVAILABLE:
`Ag Market
`content
`To View "‘°"e W9:
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`
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`
`
` -
`—
`- Commodity Quotes
`-
`Commodity
`Last
`Chg
`CORN (cw)
`696'2s e
`-90
`CORN (C12)
`677'0s e
`«am
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`718‘2s 9
`6'2
`COTTON # 2 (@CT1V)
`98.49
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`» 2.97
`
`http://www.nachurs.com/index.htm|[7/18/2011 2:10:33 PM]
`
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`
`_
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`_
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`Plaintiffs E)(I1II)I'I'. 2
`
`

`
`America's Leading Manufacturer of High Quality Liquid Fertilizers: NACHURS
`Case 4:11-ov-00342-JAJ -RAW Document 1-3 _ Filed 07/25/1 Pae 2 of 3
`
`COTTON # 2 (@CT2H)
`
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`
`NACHURS ALPINE SOLUTIONS, a liquid chemicals
`manufacturing company, is a market leader in the
`manufacture and distribution of high quality liquid starter
`fertilizers, other fertility amendments, and a variety of
`industrial products.
`
`The Na-Churs Flant Food Company was founded in 1946 in
`Marion, Ohio. The Company formulated the first liquid
`fertilizer products that were available to greenhouses,
`nurseries, and to farmers who needed fast seedling growth in
`cool soils. The “new liquid" concept of placing starter
`fertilizer with the seed caught on amongst the American
`farmers_
`NACHURS ALPINE SOLUTIONS has five manufacturing
`facilities: Marion, Ohio (Corporate Headquarters); New
`Hamburg, Ontario Canada; Red Oak, Iowa; Coryclon,
`Indiana; and Belle Plaine, Saskatchewan Canada. 30
`strategically located product depots are located across North
`America for customer convenience and pick-up. Many of our
`depots are located on the west coast in the U.S. and in
`western Canada to support our growing business in these
`areas.
`
`http://www.nachurs.com/index.html[7/18/2011 2:10:33 PM]
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`

`
`America's Leading Manufacturer of High Quality Liquid Fertilizers: NACHURS
`Case 4:11-cv-00342-JAJ -RAW Document 1-3
`
`Filed 07/25/11 Page 3 of 3
`
`
`
`http://www.nachurs.com/index.htm|[7/18/2011 2:10:33 PM]
`
`

`
`NACHURS Sales Team
`
`Case 4:11-cv-00342-JAJ -RAW Document 1-4
`
`Filed O7/25/11 Pae 1 of 4
`
` NUS
`
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`About Us
`
`-r
`
`Liquid Fertilizers v Q Agronomics v
`
`Equipment wr News&Weather
`
`Research
`
`Contact Us
`
`Meet the NACHURS Sales Team
`
`The NACHURS Sales Team is dedicated to providing you quality service and support.
`
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`http://www.nachurs.com/sales_team.htm|[7/18/2011 2:09:35 PM]
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`

`
`NACHURS Sales Team
`
`Case 4:11-cy_-O034_2_-JAJ_¢RAW _Docun_j§nt 1-4
`
`Filed 07/25/__1_1_ _ Page 2_ of 4 _
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`http://www.nachurs.com/sales_team.htm|[7/18/2011 2:09:35 PM]
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