throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA641527
`ESTTA Tracking number:
`11/26/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Petition for Cancellation
`
`Notice is hereby given that the following party requests to cancel indicated registration.
`Petitioner Information
`
`Name
`Entity
`Address
`
`Lifelink Pharmaceuticals, Inc.
`Corporation
`1350 Commerce Drive
`Stow, OH 44224
`UNITED STATES
`
`Citizenship
`
`Ohio
`
`Attorney informa-
`tion
`
`Rachel L. Steinlage
`MEYERS ROMAN FRIEDBERG & LEWIS
`28601 CHAGRIN BLVD, SUITE 500
`Cleveland, OH 44122
`UNITED STATES
`rsteinlage@meyersroman.com Phone:216-831-0042
`Registration Subject to Cancellation
`
`Registration No
`Registrant
`
`4252779
`LIFEHEALTH SCIENCE, LLC
`1375 E. 9th Street, 28th Floor
`Cleveland, OH 44114
`UNITED STATES
`Goods/Services Subject to Cancellation
`
`Registration date
`
`12/04/2012
`
`Class 005. First Use: 2010/07/07 First Use In Commerce: 2010/07/07
`All goods and services in the class are cancelled, namely: Dietary and nutritional supplements, all
`containing natural ingredients
`
`Grounds for Cancellation
`
`False suggestion of a connection
`Torres v. Cantine Torresella S.r.l.Fraud
`Priority and likelihood of confusion
`
`Trademark Act section 2(a)
`808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986)
`Trademark Act section 2(d)
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`Mark Cited by Petitioner as Basis for Cancellation
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`U.S. Application/ Registra-
`tion No.
`Registration Date
`Word Mark
`Goods/Services
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`NONE
`
`Application Date
`
`NONE
`
`NONE
`ZNATURAL
`Dietary and nutritional supplements
`
`

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`Attachments
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`Petition to Cancel (00608765xBFD02).pdf(19008 bytes )
`Exhibit A to Petition to Cancel (00604388xBFD02).pdf(480732 bytes )
`Exhibit B to Petition to Cancel (00604360xBFD02).pdf(2574493 bytes )
`Exhibit C to Petition to Cancel (00604377xBFD02).pdf(163086 bytes )
`Exhibit D to Petition to Cancel (00604397xBFD02).pdf(1066659 bytes )
`Exhibit E to Petition to Cancel (00604399xBFD02).pdf(622219 bytes )
`Exhibit F to Petition to Cancel (00604371xBFD02).pdf(2288045 bytes )
`Exhibit G to Petition to Cancel (00604378xBFD02).pdf(242204 bytes )
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`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`
`Certificate of Service
`
`Signature
`Name
`Date
`
`/Rachel L. Steinlage/
`Rachel L. Steinlage
`11/26/2014
`
`

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`
`
`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of Trademark Registration No. 4,252,779
`For the mark: ZNatural
`Registration Date: December 4, 2012
`
`Petitioner,
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`LIFELINK PHARMACEUTICALS, INC.
`
`
`
`vs.
`
`LIFEHEALTH SCIENCE, LLC
`
`
`
`
`Registrant.
`
`
`) CANCELLATION NO.:
`)
`) RE: REGISTRATION NO. 4,252,779
`)
`)
`)
`)
`)
`)
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`
`
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`
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`PETITION TO CANCEL REGISTRATION NO. 4,252,779
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`
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`In the matter of Trademark Registration No. 4,252,779 (the “Registration”), registered on
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`
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`
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`December 4, 2012, and as grounds of cancellation, it is alleged that:
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`1.
`
`Lifelink Pharmaceuticals, Inc. (“Petitioner”) is an Ohio corporation with a
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`principal place of business at 1350 Commerce Drive, Stow, Ohio 44224.
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`2.
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`The name and address of the registrant is LifeHealth Science, LLC (“Registrant”),
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`which is an Ohio limited liability company having a principal place of business at 1375 East
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`Ninth Street, Suite 2800, Cleveland, Ohio 44114.
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`3.
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`Petitioner has been, and continues to be, damaged by the Registration and hereby
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`petitions to cancel the same.
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`4.
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`Petitioner’s statement of standing and the grounds for cancellation are as follows:
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`
`
`

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`
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`I.
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`PETITIONER’S STANDING
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`5.
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`Petitioner is the owner of U.S. Patent No. 6,288,045 (the “Patent”), designated
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`“Epithelial Cell Cancer Drug,” which was issued on September 11, 2001.
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`6.
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`The Patent contains certain information necessary for the production of the
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`“Epithelial Cell Cancer Drug” containing the inorganic substance, zeolite (the “Product”).
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`7.
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`The Product is a neutraceutical, the purpose of which is to assist in the removal of
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`toxic heavy metals from the human body.
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`8.
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`Petitioner’s neutraceuticals are the same as, or are closely related to, the goods
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`that are recited in the Registration, which are “dietary and nutritional supplements, containing all
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`natural ingredients.”
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`9.
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`Neutraceuticals are “dietary and nutritional supplements” and therefore, the goods
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`that are listed in the Registration are the same as, or closely related to, Petitioner’s goods,
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`including the Product.
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`10.
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`11.
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`Petitioner began producing the Product in 2001.
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`In 2007, Petitioner began manufacturing and selling the Product under the
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`trademark ZNatural (“Petitioner’s Trademark”), as demonstrated by the marketing materials
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`attached hereto as Exhibit A.
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`12.
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`At least as early as 2007, Petitioner adopted and used Petitioner’s Trademark in
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`conjunction with sales of the Product.
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`13.
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`Petition has continued to use Petitioner’s Trademark, in its individual capacity
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`and as licensor, and has never abandoned it.
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`
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`2
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`

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`14.
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`In 2007, Petitioner sought to expand its production of the Product, and searched
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`for a manufacturer and distributor to which it could license the Patent and Petitioner’s
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`Trademark.
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`15.
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`On November 4, 2008, Petitioner licensed the Patent and Petitioner’s Trademark
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`to Trilogy Essentials International, Inc. (“Trilogy”), as evidenced by the license agreement
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`attached as Exhibit B, under which Trilogy obtained joint ownership of Petitioner’s Trademark.
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`16. When Trilogy failed to perform under its license agreement with Petitioner,
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`Petitioner terminated the license agreement with Trilogy, as evidenced by the termination letter
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`attached as Exhibit C.
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`17.
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`As a result of the Termination Letter, full ownership of Petitioner’s Trademark
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`reverted to Petitioner under sections 1.9 and 4.1 of its license agreement with Trilogy.
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`18.
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`By reason of the foregoing, Petitioner’s use of the Trademark was prior in time to
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`Registrant’s application for registration.
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`19.
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`In February 2010, Petitioner entered into a license agreement with Registrant (the
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`“License Agreement”), under which Petitioner licensed the use of the Patent and Petitioner’s
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`Trademark to Registrant, a copy of which is attached as Exhibit D.
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`20.
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`On November 10, 2011, without informing Petitioner, Registrant filed a section
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`1(a) application to register the mark “ZNatural” (the “Application”), a copy of which is attached
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`as Exhibit E.
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`21.
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`22.
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`The Application claimed that Registrant was the owner.
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`At the time Registrant filed the Application, Registrant had actual knowledge of
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`Petitioner’s ownership of Petitioner’s Trademark, by virtue of Registrant’s status as Petitioner’s
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`licensee.
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`
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`3
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`

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`
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`23.
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`At the time Registrant filed the Application, Registrant had actual knowledge of
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`Petitioner’s prior use of Petitioner’s Trademark, as evidenced by the emails attached as exhibit F.
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`24.
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`At the time Registrant filed the Application, Registrant did not own Petitioner’s
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`Trademark and was estopped from claiming any right of ownership in it as Petitioner’s licensee.
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`25.
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`On December 4, 2012, the Registration was issued in Registrant’s name, stating a
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`first use date of July 7, 2010.
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`26.
`
`By letter dated September 18, 2014, a copy of which is attached as Exhibit G,
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`Petitioner terminated the License Agreement, ending any and all right of Registrant to use
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`Petitioner’s Trademark.
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`27.
`
`Registrant continues
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`to sell neutraceutical products utilizing Petitioner’s
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`Trademark on its website: http://www.lhscience.com/content/znatural®-toxin-remover.
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`II.
`
`THE 4,252,779 REGISTRATION WAS OBTAINED FRAUDULENTLY
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`28.
`
`Petitioner incorporates by reference the preceding paragraphs of this Petition to
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`Cancel as though fully rewritten herein.
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`29.
`
`Registrant’s declaration in the Application, that Registrant is the owner of the
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`mark set forth in the Registration, which is identical to Petitioner’s Trademark, was and is false.
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`30.
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`At the time Registrant filed the Application, Registrant had actual knowledge of
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`Petitioner’s ownership of Petitioner’s Trademark, by virtue of Registrant’s status as Petitioner’s
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`licensee.
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`31.
`
`At the time Registrant filed the Application, Registrant had actual knowledge of
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`Petitioner’s prior use of Petitioner’s Trademark, as evidenced by the emails attached as exhibit F.
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`32.
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`At the time Registrant filed the Application, Registrant did not own Petitioner’s
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`Trademark, and was estopped from claiming any right of ownership in it as Petitioner’s licensee.
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`4
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`

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`33.
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`The Registration is void as a result of the false declaration of ownership contained
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`in the Application.
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`34.
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`By virtue of Registrant’s continuing improper and unlicensed use of Petitioner’s
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`Trademark, Petitioner has been and continues to be damaged by such use.
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`III. LIKELIHOOD OF CONFUSION UNDER SECTION 2(d)
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`35.
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`Petitioner incorporates by reference the preceding paragraphs of this Petition to
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`Cancel as though fully rewritten herein.
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`36.
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`37.
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`The mark set forth in the Registration and Petitioner’s Trademark are identical.
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`The goods set forth in the Registration and Petitioner’s goods are identical or
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`closely related.
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`38.
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`The conditions surrounding the marketing of the goods set forth in the
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`Registration and Petitioner’s goods are such that they could be encountered by the same
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`purchasers under circumstances that could give rise to the mistaken belief that the goods come
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`from a common source.
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`39.
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`Petitioner’s Trademark was first used in commerce prior to any actual use or
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`constructive use of the mark set forth in the Registration.
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`40.
`
`Petitioner will be damaged by the continuation of the Registration. Specifically,
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`the mark set forth in the Registration consists of a mark which so resembles Petitioner’s
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`Trademark as to be likely to cause confusion, or to cause mistake, or to deceive, under
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`Trademark Act Section 2(d), 15 U.S.C. §1052(d).
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`41.
`
`By virtue of Registrant’s continuing improper and unlicensed use of Petitioner’s
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`Trademark, Petitioner and the consuming public have been and will continue to be damaged by
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`such use.
`
`
`
`5
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`

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`
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`IV.
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`FALSE SUGGESTION OF A CONNECTION UNDER SECTION 2(a)
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`42.
`
`Petitioner incorporates by reference the preceding paragraphs of this Petition to
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`Cancel as though fully rewritten herein.
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`43.
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`Registration of the mark set forth in the Registration should be cancelled pursuant
`
`to Trademark Act Section 2(A), 15 U.S.C. § 1052(A), on the grounds that any use by Registrant
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`of the mark set forth therein will falsely suggest a connection between Registrant and Petitioner,
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`to the damage of Petitioner.
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`WHEREFORE, Petitioner respectfully requests that this petition be sustained and that
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`Registration Number 4,252,779 be cancelled.
`
`Respectfully submitted,
`
`
`
`
`
`/Rachel L. Steinlage/
`Rachel L. Steinlage (Ohio Bar #: 0079450)
`rsteinlage@meyersroman.com
`Peter Turner (Ohio Bar #: 0028444)
`pturner@meyersroman.com
`Meyers, Roman, Friedberg & Lewis
`28601 Chagrin Blvd., Suite 500
`Cleveland, OH 44122
`Phone: 216-831-0042
`Facsimile: 216-831-0542
`Attorneys for Petitioner, Lifelink
`Pharmaceuticals, Inc.
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`CERTIFICATE OF ELECTRONIC MAILING
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`I hereby certify that the foregoing Petition for Cancellation is being submitted
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`electronically through the Trademark Trial and Appeal Board's ESTTA System on this 26th day
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`of November, 2014.
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`/Rachel L. Steinlage/
`Rachel L. Steinlage (Ohio Bar #: 0079450)
`
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing Petition for Cancellation
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`has been served on LifeHealth Science, LLC by mailing said copy on November 26, 2014 via
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`First Class Mail, postage pre-paid and Certified Mail, Return Receipt Requested to:
`
`LifeHealth Science, LLC
`1375 East Ninth Street, Suite 2800
`Cleveland, Ohio 44114
`Registrant
`
`
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`
`/Rachel L. Steinlage/
`Rachel L. Steinlage (Ohio Bar #: 0079450)
`
`
`
`7
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`

`
`EXHIBIT A
`
`Book Marks
`E- Mail This Page t o A Friend
`
`Add This Page To Your Favourit es
`
`I nform at ion
`
`Download ZNat ural Docum ent
`
`ZNatural Information
`
`Page Links
`What I s Liquid Zeolit e
`Quest ions & Answers
`Reasons t o Use Zeolit e
`Test im onies
`Toxins,Chem icals and Heavy Met als
`Acid and Alkali
`Heavy Met al Det ox
`Urine Screening
`
`Product I nform at ion
`ZNat ural
`Klam asin
`Prot am in S
`
`Purchase Product s
`Liquid Zeolit e ( ZN at ural)
`
`Hom e Quest ions & Answ ers Cont act Us
`ZN at ural I nform at ion
`
`I n an average lifet im e hum ans undergo at least 10 m illion cellular m ut at ions.
`I n t he m aj orit y of cases t hese m ut at ions are t aken care of by t he body's nat ural
`defences.
`When t his does not t ake place serious illness can occur.
`Serious illness can be caused by m any different fact ors including heavy m et als,
`t oxins, st ress, diet , lifest yle, sm oking and genet ics.
`These fact ors can cause m ut at ions in a cells DNA result ing in an abnorm al cell
`t hat can replicat e quickly and will not obey signals for cell deat h.
`
`Zeolit es are very large m olecules and are insoluble in wat er. There are 150
`known Zeolit es in t he world, som e synt het ic but m ost are m ined from t he ground.
`They can be used in wat er and air t reat m ent plant s due t o t heir cage- like
`st ruct ure and m ost Zeolit es are t oxic.
`One t ype of Zeolit e, Clinopt olit e, is a non t oxic Zeolit e form ed from volcanic ash
`or 250 m illion year old fossil blue/ green algae.
`
`Clinopt olit e is in a powder form and is insoluble in wat er.
`Powdered Zeolit e can not ent er t he blood st ream ; it will j ust be passed out from
`t he body so is ineffect ive.
`Therefore a sm all part of t he Zeolit e is chem ically broken off t o form a N ano-
`Zolit e t hat is soluble in wat er.
`
`The st ruct ure of t his is a 4 and 5 caged ring st ruct ure and a chain m ade up of
`Oxygen, Silica, Magnesium and Alum inium .
`The Nano- Zolit es are t he act ive com ponent s of t he ZNat ural and will st ay act ive
`for 33 hours in t he body.
`
`ZN at ural is not a drug but can be used as a prevent at ive against serious illness.
`This is im port ant in t oday's societ y as we are const ant ly being exposed t o Toxins
`in our personal care product s, heavy m et als in our at m osphere and from dent al
`fillings, Preservat ives, addit ives and horm ones in our food and wat er and high
`levels of st ress, wit h low levels of exercise. ZN at ural can help t o rem ove som e of
`t hese t oxins, heavy m et als and free radicals.
`
`Am algam filings can cause a build up of Mercury in t he body causing Mercury
`t oxicit y.
`ZNat ural can help t o rem ove t he Mercury t hat is circulat ing in t he body but will
`not draw any Mercury out from t he fillings.
`
`ZNat ural CAN be t aken wit h m edicat ions cont aining lit hium such as ant i-
`depressant s, anxiet y and schizophrenic m edicat ions.
`The ZNat ural will not int erfere wit h t hese m edicat ions.
`
`http://www.spiritofsunshine.co.uk/Web/Liquid-Zeolite/ZNatural-Information.htm (1 of 2)4/5/2007 11:29:49 AM
`
`

`
`ZNatural Information
`
`EXHIBIT A
`
`The ZN at ural can also be t aken W I TH chem ot herapy as t he ZNat ural will not
`rem ove any plat inum from t he chem ot herapy and can act ually support
`chem ot herapy and help wit h t he t oxic side effect s.
`I t will not rem ove t he t oxins produced by t he chem ot herapy, it can act ually help
`cancerous cells t ake up t he chem ot herapy agent s and work synergist ically wit h
`t he chem ot herapy t reat m ent .
`
`Chem ot herapy drugs used t oday are not specific and even at t ack healt hy cells of
`t he body, result ing in a suppressed im m une syst em and m any side effect s.
`The chem ot herapy drugs are also so t oxic t hat t hey cannot be used long t erm .
`
`However ZNat ural should N OT be t aken wit h radiot herapy.
`ZNat ural should also N OT be t aken when an infect ion is present in t he body, as
`t he ZNat ural will at t ack t he infect ion rat her t han rem oving t oxins.
`Therefore it is best t o st op t aking ZNat ural and t ake ant ibiot ics, t hen resum e
`t aking t he ZNat ural once t he infect ion has cleared and t he course of ant ibiot ics
`has finished.
`
`ZNat ural can also rem ove t he nat ural t oxins such as m yot oxins.
`ZNat ural can rem ove t oxins, heavy m et als, herbicides, pest icides and
`insect icides.
`Toxins wit h heavy m et als will chelat e wit h t he oxygen at om s in t he Nano- Zolit e
`so heavy m et als are rem oved.
`Toxins wit h alcoholic side groups ( OH) can form Hydrogen bonds wit h t he
`Nano- Zolit e chain and be rem oved.
`Toxins cont aining N it rogen such as nit rat es and nit rit es can chelat e wit h t he
`m et allic at om s in t he chain of t he Nano- Zolit e so are rem oved from t he body.
`
`ZNat ural can also support and act ivat e t he im m une syst em by increasing t he
`am ount of N uclear Fact or Prot ein ( N FP) which is present in every cell in t he
`body.
`I ncreasing N FP boost s t he im m une syst em by causing t he t hym us and spleen t o
`m ake m ore T- Cells and m acrophages.
`
`Dosage of ZN at ural depends on m any different fact ors.
`For furt her inform at ion please Cont act us.
`
`ZN at ural
`Liquid Zeolit e
`
`http://www.spiritofsunshine.co.uk/Web/Liquid-Zeolite/ZNatural-Information.htm (2 of 2)4/5/2007 11:29:49 AM
`
`

`
`Liquid Zeolite Trials and Brand Comparisons « Constant State of Flux
`
`EXHIBIT A
`
`Constant State of Flux
`
`My J ourney Home
`Home
`Health
`
`Subscribe
`
`All-That-Is
`
`Why
`
`Nourishment
`
`Liquid Zeolite Trials and
`Brand Comparisons
`
`Ads by Google
`Truth about Monavie
`The truth about marketing and how
`to successfully market your company
`trueliesofmarketing.com
`
`Liquid Zeolite - $49.95
`Great Price - $49.95 for a
`month supply of Liquid Zeolite.
`www.NCDPro.com
`
`
`
`
`
`Here is some correspondence between me and TruthJ unkie about the different
`brands of Liquid Zeolite and some trials she had done on them, it makes very
`interesting reading:
`
`TruthJ unkie writes:
`Having spent many weeks now looking into Liquid Zeolite, I am aware that
`Liquid Zeolite, as it removes heavy metals, can give slight flu symtoms as this
`is normal for anyone who has ever detoxed before. I am interested in the fact
`that you have such severe symptoms. Can I ask which Liquid Zeolite you are
`taking, NCD, ZNatural or Liquid Zeolite in Humic Acid. The reason I am
`asking is that I am having all three products tested and I am seeing some
`disturbing differences in these products.
`
`Hi Truth J unkie, thanks for your comment, I am taking the NCD Liquid
`Zeolite. I have had some strong reactions! I have seen other brands for sale on
`Ebay, but I don’t trust them……but I don’t know what I have based this trust
`upon.
`What discoveries have you made in the different brands, I will be very
`interested to hear about it,
`cheers, TH.
`
`http://constantstateofflux.wordpress.com/2007/08/19/liquid-zeolite-trials-and-brand-comparisons/ (1 of 28) [3/9/2008 7:34:02 AM]
`
`

`
`Liquid Zeolite Trials and Brand Comparisons « Constant State of Flux
`
`EXHIBIT A
`Hi TH. As far as I know, there are 3 forms of liquid zeolite. ZNatural, NCD
`and Liquid Zeolite in Humic Acid. I have been speaking to many people and I
`am getting a lot of different information. From what I can understand, the
`Liquid Zeolite was discovered by Dr. Harvey Kaufman in Ohio and the patent
`is owned by LifeLink Pharmaceuticals. Waiora obviously have some rights to
`market it and probably make it but there is something fishy going on there, as
`there is a huge lawsuit against Waiora and many other, what I have assumed
`to be part of the Waiora group. See this link for further info on this (http:/ /
`dockets.justia.com/ docket/ court-ohndce/
`case_ no-5:20 0 7cv0 0 785/ case_ id-141940 / )
`I have seen a response from Stanley J . Cherelstein on the internet somewhere
`regarding this lawsuit and he says something like “This is all part of standard
`business practices” but I believe that there is no smoke without fire but I may
`be wrong. I have found out that Liquid Zeolite should be colourless, odourless
`and tasteless but I have also spoke to some people who have said that the
`NCD has a strange smell and I have also seen with my own eyes a bottle of
`NCD which is brown. The humic acid product is also brown and has a very
`nasty smell and although Humic acid is beneficial to the human body, this is
`only the case if the Humic acid has been extracted properly, which apparently
`is a lengthly process.The only product that I have found so far which is
`colourless, odourless and tasteless is the ZNatural product. This product is
`manufactured by the Patent holders (Lifelink Pharmaceuticals), so hopefully
`this is the true formula. This is all I know so far but I will be digging further as
`I truly believe that the patented liquid zeolite is a remarkable product.If you
`wish to speak to someone who seems to know more about the product and
`dosages (which is another area where I have received conflicting stories), then
`I can let you have the contact details.
`Regards
`
`Hi there, this all sounds very intriguing - I would be interested to receive the
`name of the person who knows about the dosage of Liquid Zeolite. I thought
`that brown colour was because the product is natural, but maybe this is not
`the case. I have never heard of humic acid before now.thanks for sharing your
`research,
`TH
`
`Hi TH. Sorry for the long delay but I have been busy trying to get as much
`information as I can about these products. From what I have found out so far,
`the Humic acid Liquid Zeolite contains a low grade humic acid and various
`tests that I have had performed from some bio-chemist friends of mine show
`bacteria in the product which could be harmful to the human body. So in my
`opinion, this is not a good product. Interestingly, other tests have shown this
`product to be the same as NCD but with added low grade humic acid. I
`suppose it was inevitable that companies would start to try and copy this
`great product but people need to be careful when choosing which product to
`purchase as price often attracts people more than quality. I have also spoken
`to many people at many websites and the best conversations have been with a
`company called Spirit of Sunshine, who sell the ZNatural product which is
`made by Lifelink Pharmaceuticals (the owners of the patent) and they say that
`they are in constant contact with Dr. Harvey Kauffman and the dosages they
`recommend are from the Doctor himself, who should know what he is talking
`about, seeing as he invented the product. As far as the brown NCD is
`concerned, I am still trying to find out why this is the case.Liquid Zeolite
`should be colourless, odourless and tasteless. No matter how “Natural” a
`product is, it should not be brown. I will keep you up to date with anything
`else I find. I also found your blog regarding testimonies. Great stuff. I too
`believe that some of these testimonies are not what they seem and I think
`
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`
`Liquid Zeolite Trials and Brand Comparisons « Constant State of Flux
`
`EXHIBIT A
`your idea of people submitting their own testimonies is a fantastic idea. I
`spoke with the people at Spirit of Sunshine as well as many other sites about
`their testimonies pages and most of the web sites seem to copy each other
`testimonies. I even recall seeing an offer to buy testimonies!!! The people at
`Spirit of Sunshine only have a few testimonies but these are testimonies of
`people they know and results they have witnessed themselves. Oh my gosh. It
`seems like I am promoting someone’s site. I am not. It is just that theirs in the
`most useful site I have found.
`God Bless and speak to you soon.
`Regards
`
`Thanks for all your research - its fantastic, please allow me to use it on my
`blog? Perhaps u want to publish it yourself - it certainly should be published
`somewhere! My current NCD is brown and tastes foul! Not sure what to think
`about it now! I had a gut feeling it was better than others in brown glass
`bottles. Waiting for your further research, what do you think About ZNatural
`as a product? I am now taking 10 drops NCD before I go to bed, none during
`the day, as I wake up feeling refreshed just the same - perhaps my body is
`cleansing during the night when it is supposed to cleanse itself, I wonder
`whether it is worth taking it during the day, seem to have no effect at all?
`Wonder what your thoughts are on this? Trying to find out more about
`circadian rhythmns and cleansing, will post soon.
`thanks again, TH
`
`Hi TH. Thanks for your email. The more I look into LIquid Zeolite, the more
`interesting information I find. First of all, Liquid Zeolite should be colourless,
`odourless and tasteless. If it is not, then there is something wrong with the
`product. I have seen a question raised on a forum somewhere that the brown
`colour and taste is due to, and I quote “the discolouring is caused by the
`product being so natural”. What a load of bull. If that was the case, why aren’t
`all forms of liquid zeolite brown. This is one of many things that worries me
`about the claims being made about this brand of Liquid Zeolite. As I may have
`mentioned earlier, I am having all three products analysed (only because I
`have friends who like doing that sort of stuff) and although they have not
`completed all of their tests yet, what I can tell you is that the Humic acid
`contains active bacteria which is definitely detrimental to the human body
`(probably the reason it is so cheap), I also know that the ZNatural product
`and the NCD product are different. Which begs the question as to how they
`can both claim to be the result of the same patent. There is a company here in
`the UK who actually talk to the inventor on a daily basis, to discuss dosages
`and ask for advice on certain conditions. The product that they can supply is
`ZNatural and is made by the Patent holders, so at the moment I am assuming
`that this is the proper product. It seems (again my friends are telling me this)
`that the ZNatural is more “active” than the NCD and yes I have asked them
`what that means. The ZNatural product is colourless, tasteless and odourless,
`as Liquid Zeolite should be. So to answer your question as to what I think of
`ZNatural, well, at the moment, I am assuming that it is made to the original
`patent, seeing as it is made by the patent holder and the company that
`supplies it is only interested in helping people and not trying to make money,
`i.e. it is not a MLM company. I personally would not put anything brown and
`smelly into my body if I did not know why it was brown and smelly.And I
`would be privileged to have you post my comments on your blog and I have
`set up my own blog, as this seems to be the way to get people talking
`nowadays. If this product does what is says it does, then the more people that
`know about it, the better. Please remember that a lot of what I say is my
`opinion only but there are a few things that are fact.
`
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`

`
`Liquid Zeolite Trials and Brand Comparisons « Constant State of Flux
`
`EXHIBIT A
`1. Liquid Zeolite in Humic acid contains active bacteria which is not good for
`the human body.
`2. ZNatural and NCD are not the same product but quote the same patent
`number.
`God Bless
`
`Hi TH. Me again. Some more news for you. My friends have run a relatively
`simple analysis on the humic acid liquid zeolite and have found that the
`Liquid Zeolite in Humic Acid contains reproductive eggs of BACTERIA. These
`eggs are most likely to come from the humic acid and these can cause serious
`problems in the body. I have photographs of these eggs if you are interested. I
`do not know about you but things like this make me really angry. Why take a
`perfectly good product such as Liquid Zeolite and then ruin it. I have been
`looking at Liquid Zeolite for ages, as you have probably seen on my postings
`and was initially surprised to find that when you ring the people that sell it,
`they know nothing about the product apart from the Marketing rubbish that
`you have been given. This is not true of all of them. There is a company called
`Spirit of Sunshine (www.spiritofsunshine.co.uk) that work with the inventor
`of the product and they have a huge amount of information about ZNatural,
`which is the Liquid Zeolite product that they sell and they are not part of any
`MLM company, so their interest is not money but helping people. I was going
`to post their details on the forums as they seem to be the best company I have
`found so far but I am not too sure if I am allowed to do this. Also, they say
`that there is an awful lot of untruths posted on some websites which is
`misleading and should not be allowed but it seems nowadays that anyone can
`post almost anything on the web and get away with it. Regards
`
`More discussion takes place here at: http:/ / groups.google.com/ group/ Liquid-Zeolites
`
`Link to another post on this blog: a correspondance between me and William Croft:
`kinesiology-and-homeopathy-before-chelation-therapy/
`
` Stumble This Post
`
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`
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`

`
`Liquid Zeolite Trials and Brand Comparisons « Constant State of Flux
`
`EXHIBIT A
`This entry was posted on August 19, 20 0 7 at 11:29 am and is filed under Detox, Health and
`Liquid Zeolite. Tagged: bacteria, Health, humic acid, Liquid Zeolite, ncd, znatural. You can
`feed this entry. You can leave a response, or trackback from your own site.
`
`43 Responses
`
`1.
`
`Truth J unkie, what is your relationship with Spirit of Sunshine? I sense that
`your claims of objectivity are tainted. You toss out claims and criticisms
`against NCD without investigation. I find that totally irresponsible and
`underhanded!
`I will be forthright and explain that I am an environmental journalist of
`many years, who began researching clinoptilolite in early 20 0 6. I am indeed
`a distributor of Natural Cellular Defense, manufactured in the US by
`Waiora, because I was astounded by what my research revealed about
`clinoptilolite’s healing powers and I wanted to purchase some. And when
`you buy NCD wholesale, you become a distributor. My experiences with
`NCD have been extraordinary.
`Now, I will handle one of your many attacks. Let’s start with the “brown”
`product. That is oxidation from a batch that contained an infinitesimal
`amount of iron, which later oxidized in the bottle. It didn’t look great, but,
`unlike the zeolite with humic acid, it is completely safe. Waiora has worked
`hard to standardize mineral content from batch to batch, and has added
`several filtration systems to that end. Because zeolites are born in nature,
`there is a great deal of variation in the raw zeolite, and differences from
`batch to batch are natural. Allow me to quote from Waiora’s chief
`biochemist, Rik Deitsch:
`
`“We have conducted vigorous quality control of the Natural Cellular
`Defense, including GC-MS (Gas Chromatography-Mass Spectroscopy) to
`look for hydrocarbon differences between bottles that exhibit a different
`smell/ taste and those that do not. The results indicate that there are no
`plastic or petroleum-based derivatives leaking into the solution.
`Additionally, some of the raw material (pure, liquid zeolite) still in the glass
`reaction chambers exhibits the same adverse smell and taste. This leads us
`to our first conclusion – the zeolite is a naturally-derived, mined material
`that will have varying amounts of intrinsic minerals. The di

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