Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA995641
`08/16/2019
`
`ESTTA Tracking number:
`
`Filing date:
`
`Proceeding
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92063353
`
`Plaintiff
`The Coca-Cola Company
`
`HOLLY HAWKINS SAPORITO
`ALSTON & BIRD LLP
`1201 W PEACHTREE STREET
`ATLANTA, GA 30309
`UNITED STATES
`holly.saporito@alston.com, kelly.branch@alston.com,
`sarah.lafantano@alston.com, marygrace.gallagher@alston.com, crys-
`tal.kelly@alston.com, lauren.timmons@alston.com, marcos.alvarez@alston.com
`404-881-7000
`
`Plaintiff's Notice of Reliance
`
`Holly H. Saporito
`
`kelly.branch@alston.com
`
`/Holly H. Saporito/
`
`08/16/2019
`
`Ex. 7 Part 010 Petitioners Notice of Reliance PUBLIC.pdf(3049260 bytes )
`Ex. 8 Part 001 Petitioners Notice of Reliance PUBLIC Version.pdf(5140962
`bytes )
`Ex. 8 Part 002 Petitioners Notice of Reliance PUBLIC Version.pdf(4778639
`bytes )
`Ex. 8 Part 003 Petitioners Notice of Reliance PUBLIC Version.pdf(5048209
`bytes )
`Ex. 8 Part 004 Petitioners Notice of Reliance PUBLIC Version.pdf(5134245
`bytes )
`Ex. 8 Part 005 Petitioners Notice of Reliance PUBLIC Version.pdf(5058782
`bytes )
`Ex. 8 Part 006 Petitioners Notice of Reliance PUBLIC Version.pdf(1694881
`bytes )
`Ex. 9 Petitioners Notice of ReliancePUBLIC.pdf(5191193 bytes )
`Ex. 10 Part 1 Petitioners Notice of Reliance PUBLIC.pdf(5691075 bytes )
`
`

`

`EXHIBIT 7
`EXHIBIT 7
`PART 10
`PART 10
`
`

`

`11/29/2017
`
`We Visited the World of Coca-Cola in Atlanta, Georgia
`
`:
`
`Jam 1 man; mm
`'Ji alum!
`_~—_. _
`JSN 511mm: lumm
`‘
`gr
`
`Aaron was saying how weird it was that we were alive when some of these were in
`
`service. I remember, in the 1980’s, machines like this that were then a few decades
`
`old, still operating in the small town grocery stores. Heck, I remember when cigarette
`
`machines looked sort of like this, had no one watching them, and you put coins into
`
`them, pulled a lever, and a packet of cigarettes fell out. Even though I never smoked, I
`
`had some extended relatives who did and as an elementary school kid, they’d have me
`
`go pick up a pack for them.
`
`
`
`The Coca-Cola vault
`
`For 86 years prior to its move here, it was kept safe in the Sun
`
`Trust Bank vault in Atlanta, Georgia. It was also temporarily held in New York City
`
`when it was used as collateral on a bank loan, the bankers requiring physical
`
`possession in exchange for extending funds.
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`We Visited the World of Coca-Cola in Atlanta, Georgia
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`This is cool but somehow, I think I’d rather see the Sun Trust Bank safe where the
`
`actual original recipe was kept for nearly a century. I should try to Visit that bank if I
`
`
`
`
`get a chance on the way back through town
`
`Oooo
`
`their graphic designer did a really good job on the special effects of the faux
`
`security system.
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`11/29/2017
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`We Visited the World of Coca-Cola in Atlanta, Georgia
`
`
`
`As we make our way through the Coca-Cola vault, there is all sorts of information on
`
`Pemberton’s process, the formula, the flavor profile. You can spot my reflection in the
`
`magic glass if you look closely. (The special effects were cool. Some of the glass and
`
`mirrored surfaces were distorted so that they appeared 3D, or animated, or would
`
`change as your shifted your position. It was Walt Disney quality.)
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`11/29/2017
`
`We Visited the World of Coca-Cola in Atlanta, Georgia
`
`
`
`The vault itself, which supposedly contains the original secret Coca-Cola recipe. It’s
`
`great for mystique but, technically, science is advanced enough today reverse
`
`engineering it isn’t a problem. It has vanilla, lime, orange oil, lemon oil, coriander oil,
`
`cinnamon oil, nutmeg oil, and a few other ingredients. It’s the patent and trademark
`
`that do the protecting these days, not secrecy. Though the concentrate
`
`manufacturing locations — where the real stuff that is sent to the bottlers to mix with
`
`carbonated water and sugar — are largely unknown.
`
`
`
`That was a beautiful sight to behold We were touring the bottling plant section and
`
`it began with a General Electric water treatment setup.
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`11/29/2017
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`We Visited the World of Coca-Cola in Atlanta, Georgia
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`This is what the Coca-Cola Company actually does. It manufactures the syrup
`
`
`
`
`concentrate it sells to its franchisees, the bottlers. Though, these days, they own
`
`most of the bottlers in North America thanks to a mega-deal that went through in
`
`recent years when they bought out their former partners.
`
`The automation was incredible. Everything was slowed down for us. This mini-plant
`
`made 20 bottles per minutes so we could see the process with the human eye. Some
`
`plants run at a rate of 2,200+ bottles a minute.
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`11/29/2017
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`We Visited the World of Coca-Cola in Atlanta, Georgia
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`A machine automatically checks the integrity and shape of each bottle, rejecting
`
`
`
`
`those that aren’t up to par.
`
`I like machines. I like machines a lot. Until, at least, they become sentient and try to
`take over the world.
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`11/29/2017
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`We Visited the World of Coca-Cola in Atlanta, Georgia
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`
`
`Automation really has changed the world. This would have required an army of
`
`factory workers at one point but now it’s almost completely self-running.
`
`Case in point
`
`look at one of the original carbonated bottling
`
`machines from another exhibit:
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`11/29/2017
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`We Visited the World of Coca-Cola in Atlanta, Georgia
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`
`
`You had to fill the original Coke bottles and get the pressure just right with a foot
`
`pedal.
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`11/29/2017
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`We Visited the World of Coca-Cola in Atlanta, Georgia
`
`They had a theater where you could watch advertisements from the company’s 125
`
`year history from around the world.
`
`
`
`
`
`7‘.
`
`We couldn’t wait any longer so we headed for the Taste It exhibit, which features 100
`
`different Coca-Cola products from around the world.
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`11/29/2017
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`We Visited the World of Coca-Cola in Atlanta, Georgia
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`
`
`Each of those pillars coming down from the ceiling represents a different continent.
`
`They are surrounded by soda fountains featuring beverages Coke sells in nations on
`
`that continent. Including tap water7 Coke now has 3.5% market share of all beverages
`
`consumed by humans in any given day. Notice the bottles coming from overhead.
`
`They were from the bottling room we saw earlier and you’ll get to take one before you
`leave.
`
`
`
`The Asian Coca-Cola brands were probably our favorite.
`
`I really like the Japanese
`
`Vegitabeta and the Fanta Melon Frosty from Thailand. The Thumbs Up from India
`
`was weirdly spiced.
`
`I’ve never had anything quite like it.
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`11/29/2017
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`We Visited the World of Coca-Cola in Atlanta, Georgia
`
`
`
`The Latin American flavors were okay but there were a few standouts.
`
`I really liked
`
`the Fuze Tea from Venezuela. Though, at this point, it’s not like the sales are doing
`
`Coke any good. Chavez destroyed the country’s economic so completely and
`
`thoroughly, corporate America has basically written the currency off as worthless.
`
`It’s crazy the same script plays out time after time. A socialist comes to power,
`
`confiscates private property under the theory it should be collectively owned, and
`
`then the laws of economics kick in and they lose it all. Time after time. Without
`
`exception. Why can’t they just copy the Nordic model of private market capitalism
`
`combined with regulation and tax policies that prioritize investment in human
`
`capital? Steve Jobs is always going to be able to run a company like Apple better than
`
`some government bureaucrat can. Walt Disney is always going to be better at the
`
`startup game than some intern appointed because of his family’s political connection.
`
`It’s the nature of the universe. You ignore it at your own peril.
`
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`11/29/2017
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`We Visited the World of Coca-Cola in Atlanta, Georgia
`
`1 E
`
`urope
`
`you crazy. Especially Italy. I had it before at the world of Coke in Walt
`
`Disney World Epcot but the Beverly beverage? No. You must have a masochistic
`
`streak to enjoy that assault on the tongue.
`
`
`
`Africa was so sweet! I kind of like Bibo Candy from South Africa. It was like a sugar
`
`overload. It wouldn’t be something I could have very often but it was akin to a liquid
`
`pixie stix.
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`i
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`'7:
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`i'
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`11/29/2017
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`We Visited the World of Coca-Cola in Atlanta, Georgia
`
`IV
`
`. .
`
`There was a Coca-Cola freestyle area, too, with plain Coke dispensers in the center. I
`
`like the original best, myself.
`
`
`
`
`Later, at the end of the tour, after the tasting room, you see the efforts of the bottling
`
`operation and get to take one with you. The bottles were coming out overhead,
`
`circling around the tasting floor.
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`11/29/2017
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`We Visited the World of Coca-Cola in Atlanta, Georgia
`
`
`
`M
`(2-12?“ '5”
`4‘
`l” ‘1‘
`l2
`
`When you leave the exhibit, you enter the giant World of Coca-Cola retail store,
`
`which has a huge selection of everything from bottle openers to picnic supplies,
`
`board games to collectibles, clothing to glassware. It’s magnificent.
`
`These were my favorite. We are picking up a bunch on our way back
`
`home when we come through Atlanta, again
`
`or we might order
`
`them online, instead, to avoid having to carry them with us.
`
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`11/29/2017
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`We Visited the World of Coca-Cola in Atlanta, Georgia
`
`
`
`The Coca-Cola Hutchinson glasses were our favorites. These things are heavy,
`
`wonderfully weighted, and an awesome old-school color. They’ll be great chilled in
`
`the refrigerator and used to serve ice cold Coca-Cola.
`
`I can’t ever imagine wanting to work for someone else but being the
`
`CEO of The Coca—Cola Company is one of the few exceptions to that
`
`rule.
`
`I love the business so much, and feel like it is such an
`
`important part of history, that it would be almost akin to being a
`
`trustee of a great cultural artifact.
`
`[mainbodyad]
`
`Category: My Day In Pictures
`
`By Joshua Kennon
`20 Comments
`
`February 16, 2015
`
`Tags: Coca-Cola
`
`The Coca-Cola Company
`
`Share this post
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`11/29/2017
`
`We Visited the World of Coca-Cola in Atlanta, Georgia
`
`Visiting Our Friends
`at Otter Banks on
`
`Captiva Island
`
`Proposed One—Time
`$280 Billion Tax on
`
`Foreign Corporate
`
`Profits
`
`Comments
`
`Community
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`Name
`
`SM ~ 2 years ago
`
`Hi Joshua,
`
`—
`
`I-
`
`Could you please clarify if the Coca-Cola recipe is actually a
`
`trade secret or has it been patented? From all the online
`
`information I could gatherthat it was once patented in 1893
`
`but then the patent was never renewed again after its
`
`expiration and the proportion of its integredients still remain a
`
`trade secret but your article says it is th patent which still
`
`protects the recipe. Could you please confirm? Your inputs
`
`would help settle a long term argument with my friends ;) !!
`
`A
`
`V - Reply - Share >
`
`JB - 3 years ago
`
`—
`
`|II
`
`Joshua, thank you very much for posting the pictures and
`
`sharing yourtour with us. I just might have to make a trip to
`
`Atlanta one of these days.
`
`A
`
`v . Reply - Share)
`
`Steven ' 3 years ago
`
`—
`
`II
`
`Thanks for the post! What an interesting place to visit.
`
`Looking at those robots I do have to wonder about one thing
`
`though. I generally buy cokes in a liter bottle from the grocery
`
`store, and they are not filled to the same level in each
`bottle...what is the deal with that? Seems with all their
`
`automation the outputs would be identical.
`A
`\l
`a Dnnlu - Qkarnx
`
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`11/29/2017
`
`7
`
`'
`
`I\UPIy ’ Ullalcl
`
`We Visited the World of Coca—Cola in Atlanta, Georgia
`
`{'47,} tawcan * 3 years ago
`
`‘
`
`II
`
`m Very cool tour. The only time I went to Atlanta was because
`
`our flight out of Raleigh got canceled due to snow storm and
`
`we just wanted to get home. Didn't get a chance to tour around
`
`Atalanta at all. Would love to check out Coca Cola plant one
`
`day.
`
`A
`
`v - Reply - Share >
`
`— I-
`Connelly Barnes ~ 3 years ago
`I.
`Q, The only soft drink I've had in the last many years is Kvass (a
`Russian soft drink). Generally I don't drink soft drinks, but I am
`
`happy to see Joshua and everyone else excited about soft
`
`drink companies, and to learn about the great economics of
`
`these companies.
`
`A
`
`v . Reply . Share >
`
`Do
`
`Heath * 3 years ago
`
`_
`
`I-
`
`These pictures look familiar. Oh yes, I was there 24 hrs earlier
`
`on the 15th! ...|'m with you on the Beverly.
`
`A
`
`v ~ Reply . Share)
`
`a Young Professional ' 3 years ago
`
`.A
`
`Joshua,
`
`— II
`
`I began reading your blog after a friend introduced me to it - it
`
`is amazingly informative and fun to read, too! I
`
`I wanted to ask
`
`a question that will hopefully give me and many other young
`
`professionals reading this blog some advice. I am in my early
`
`20's and I am working in NYC in finance. I began investing two
`
`years ago with advice from my parents financial advisor into
`
`two mutual funds with money I had saved from birthday gifts,
`
`lemonade stands, and my personal favorite: finding and selling
`
`golf balls. I also recently found about 30 shares of K0 that my
`
`grandparents bought for me about 20 years ago when l was
`
`very young. I have about 15K total and am looking for advice
`
`in terms of which way I should look to invest for the long-term
`
`as a young professional. This blog has given me a ton of
`
`insight into the beauty of investing smart and young. I'm just
`
`looking for ways to do so!
`
`Thanks!
`
`1 A
`
`v - Reply . Share)
`
`r. y ‘
`
`innerscorecard * 3 years ago
`
`—
`
`II
`
`Love that world drinks fountain!
`mm-ar
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`11/29/2017
`‘\___/
`
`We Visited the World of Coca-Cola in Atlanta, Georgia
`
`A
`
`V - Reply - Share)
`
`0 dave (nestle) . 3 years ago
`
`Hey guys!
`
`—
`
`II
`
`If you just keep driving north a bit,
`
`I will treat you to a nice
`
`lunch. (we have plenty of ice for your beverages of choice
`
`also)
`
`Joshua (or anyone), do you happen to know off the top of your
`
`head what a Coke share in 1919 (at $40) had for it's earnings
`
`yield? What was the historical 'absolutely safe' investment
`
`alternative back then, and what was it yielding?
`
`Thanks!
`
`A
`
`v - Reply - Share)
`
`I Joshua Kennon
`
`“
`
`: 4 dave (nestle) - 3 years ago— II
`
`I'm sorry I missed your message! When I saw it we
`
`were already on our way down to Florida and I didn't
`
`think about it on the way back until I was already home.
`
`Maybe someday we'll meet in real life! I appreciate the
`
`invite, anyway. We'll take a rain check, haha!
`
`A
`
`V « Reply « Share)
`
`9‘ FratMan 4 dave (nestle) - 3 years ago
`
`Dave,
`
`— II
`
`Coke had a $30 million market cap while making $9.9
`
`million in annual profits so we are talking about a P/E
`ratio of around 3.
`
`My source is this Motley Fool article:
`
`http://www.fool.com/investi...
`
`The US. Treasury yield was somewhere around 5% or
`5.5% or so.
`
`My source is this Credit Suisse picture which was used
`in a Wall Street Journal Article.
`
`US Long-Term Real Yields since 1920
`l
`l
`l
`;
`;
`latent Volcker:
`
`12%
`
`l
`
`a
`2
`Gal,
`Slam : mesa;
`‘
`:
`
`.
`
`Bretthoeds
`
`i
`gee
`:S
`
`see more
`
`4 A
`
`V - Reply - Share)
`
`https://www.joshuakennon.com/world-of—coca-cola-atlanta-georgia/
`
`Greens
`
`pan
`
`l
`1
`'
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`11/29/2017
`
`We Visited the World of Coca—Cola in Atlanta, Georgia
`
`dave (nestle) A FratMan ° 3 years ago
`"3'
`$33.2, Hey thanks man!
`
`‘
`
`II
`
`I wasn't sure of when exactly the treasury bill of
`
`today(as we know it) became what it is. War
`
`bonds versus treasuries, etc. That P/E of Coke
`
`would then have dropped below 2 if the shares
`
`were cut in half to $19.(profits remaining
`
`constant?)
`
`Crazy times back then, I guess. Most people
`
`probably didn't have alot of financial capital, but
`
`the bargains (due to the upcoming decades of
`
`American expansion) were outrageous.
`
`on give me just one more 2008/9 cutdown in
`
`the equity markets. Then I will be in peace.
`
`A
`
`v . Reply ~ Share)
`
`Stegner ' 3 years ago
`
`—
`
`II
`
`on my gosh. I was in India in 06, I had totally forgotten about
`
`Thums Up.
`
`I remember drinking it at roadside stalls from glass
`
`bottles. The vendors wouldn't let you walk away with it, you
`
`had to drink it right there and then hand the bottle back so it
`
`could be recycled/refilled. I remember spending a week in a
`
`tiny village in Rajastjan; no electricity, one hand operated
`
`water pump for the whole village; stone mill to grind grain and
`
`yet they STILL had a stall selling coke, sprite etc.. Even though
`
`I was totally financially illiterate at the time, I remember
`
`marvelling at the penetration of Coke.
`
`Wow. What a rush. Thanks fortriggering the memory and
`
`thanks forthe post, as usual.
`
`PS. Pepsico's Lays chips had some crazy flavours in India too,
`
`if my memory serves me correctly.
`
`A
`
`v . Reply . Share)
`
`In"
`
`Joshua Kennon w
`
`~ A Stegner ’ 3 years 390
`
`i
`
`I"
`
`‘T No problem! I hadn't seen the different potato chips.
`
`Personally, for me, Nestle makes all these weird Kit Kat
`
`flavors in Asia I want to try so badly (I'm hoping to if we
`
`do end up going to Seoul or thereabouts in the next
`
`year ortwo). I mean, look at them!
`
`
`
`https://www.joshuakennon.com/world-of—coca-coIa-atlanta-georgia/
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`11/29/2017
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`We Visited the World of Coca-Cola in Atlanta, Georgia
`
`
`
`Investing for
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`Beginners By
`
`Important
`
`Information and
`
`Joshua Kennon
`
`Disclaimers
`
`Since 2001, Joshua
`
`IMPORTANT LEGAL
`
`Kennon has been the
`
`INFORMATION: This
`
`In vesting for
`
`Beginners Expert at
`About.c0m. In the
`
`going-0n two
`decades since he
`
`first published for
`
`the network, he has
`
`built up a body of
`work of more than
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`1,000 articles, essays,
`and lessons that are
`
`available to read for
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`free, covering
`
`is a personal blog
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`11/29/2017
`
`We Visited the World of Coca-Cola in Atlanta, Georgia
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`TCCCOOO480
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`

`

`EXHIBIT 8
`EXHIBIT 8
`PART 1
`PART 1
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In The Matter of: Registration No. 4,205,598
`Mark: THUMS UP
`Issued:
` September 11, 2012
`
`In The Matter of: Registration No. 4,205,597
`Mark: LIMCA
`Issued:
` September 11, 2012
`
`
`THE COCA-COLA COMPANY,
`
`
`
`
`
`
`
`v.
`
`Petitioner,
`
`MEENAXI ENTERPRISE, INC.,
`
`
`
`Registrant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Cancellation Nos. 92063353 (parent)
` 92064398
`
`
`
`AFFIDAVIT OF MICHAEL PITTMAN
`
`I, Michael Pittman, hereby state and aver as follows:
`
`1.
`
`I am of legal age and competent to testify in this matter. I submit this affidavit in
`
`connection with the above-referenced consolidated opposition proceedings.
`
`2.
`
`I am the current Marketing Director, Sparkling Brands Platform Innovation for The
`
`Coca-Cola Company (“TCCC”). Prior to assuming this role, I was the Senior Brand Manager for
`
`Portfolio Strategy & Planning as part of TCCC’s Venturing and Emerging Brands business unit.
`
`In connection with these roles, I am very familiar with TCCC’s brands and the company’s efforts
`
`with product development in the United States.
`
`Coca-Cola’s Global Brands
`
`3.
`
`TCCC was founded in the year 1892 and is headquartered in Atlanta, Georgia. Over
`
`a period of more than 130 years since its inception, TCCC has grown steadily and today, it is the
`
`1
`
`

`

`world’s largest beverage company, serving more than 1.6 billion consumers each day, in more than
`
`200 countries around the world. TCCC currently offers over 500 brands, numerous of which are
`
`famous worldwide, and fifteen (15) of which are billion-dollar brands. Two of the brands in
`
`TCCC’s global beverage portfolio are the Thums Up and Limca brands.
`
`4.
`
`Through its subsidiary Coca-Cola India, TCCC sells its beverage products to
`
`consumers in India and Southwest Asia. Its brands are some of the most preferred and most sold
`
`beverage products in India, with Thums Up and Limca being among the company’s top selling
`
`brands in India.
`
`5.
`
`Thums Up is a carbonated cola product with a distinctly strong, fizzy, and spicy
`
`taste. Through its predecessors-in-interest, TCCC has been selling Thums Up beverages in India
`
`since 1977. Thums Up is currently the top selling sparkling beverage in India and is one of the
`
`world’s best-selling beverages. Thums Up is set to be TCCC’s next billion-dollar brand.
`
`6.
`
`Samples of TCCC’s Thums Up products are shown below and are available at
`
`https://www.coca-colaindia.com/thums-up-brand.
`
`7.
`
`Limca is a lemon-lime flavored carbonated soft drink that is also extremely popular
`
`in India. Through its predecessors-in-interest, TCCC has been selling Limca in India since 1971.
`
`
`
`2
`
`

`

`Since 1971, Limca has remained unchallenged as India’s No.1 Sparkling Drink in the Cloudy
`
`Lemon Segment.
`
`8.
`
`Samples of TCCC’s Limca products are shown below and are available at
`
`https://www.coca-colaindia.com/brands/limca/limca.
`
`
`
`
`
`Advertising and Sales of the Thums Up and Limca Brands to U.S. Consumers
`
`9.
`
`TCCC advertises its Thums Up and Limca products extensively throughout the
`
`world and has invested tremendous time, money, and effort to promote these brands on a
`
`widespread basis. As for its advertising and marketing to U.S. consumers, the Thums Up and Limca
`
`brands are advertised and marketed via their respective websites and social media platforms as well
`
`as by third party retailers who sell Thums Up and Limca in the U.S.
`
`10.
`
`Exemplary advertising of Thums Up and Limca to U.S. consumers includes the
`
`following:
`
`
`
`3
`
`

`

`A. Advertising of Thums Up:
`
`a) TCCC’s websites (e.g., https://www.worldofcoca-cola.com/explore/explore-
`inside/explore-taste-it, http://www.coca-colacompany.com/brands/thums-up, and
`http://www.coca-colaindia.com/brands/thums-up/thums-up);
`
`b) TCCC’s Thums Up Facebook page (https://www.facebook.com/thumsupfan);
`
`c) TCCC’s Thums Up Twitter account
`(https://twitter.com/thumsupofficial?lang=en); and
`
`d) TCCC’s Thums Up YouTube channel
`(http://www.youtube.com/user/ThumsUpOfficial).
`
`B. Advertising of Limca:
`
`a) TCCC’s websites: (e.g., http://www.coca-colacompany.com/brands/limca,
`http://www.coca-colaindia.com/limca-brand and http://www.coca-
`colaindia.com/brands/limca/limca);
`
`b) TCCC’s Limca Facebook page (https://www.facebook.com/LimcaIndia); and
`
`c) TCCC’s Limca YouTube channel (https://www.youtube.com/user/LimcaIndia).
`
`11.
`
`Attached as Exhibit A are true and accurate printouts of the foregoing, which were
`
`printed on March 19, 2014 and December 4, 2017, and produced as TCCC000085-88, 100-101,
`
`491-93, 500-01, 504-08, 716-17, 732-42, 749-51, 752-758, 985, and 999. TCCC has advertised its
`
`Thums Up and Limca brands to consumers over the Internet for more than a decade.
`
`12.
`
`Consumers in the U.S. may also visit Coca-Cola India’s product websites for
`
`TCCC’s Thums Up and Limca brands, which are available at <https://www.coca-
`
`colaindia.com/thums-up-brand> and <https://www.coca-colaindia.com/limca-brand>. Attached as
`
`Exhibit B are true and accurate printouts of the foregoing, which were printed on December 4,
`
`2017, and produced as TCCC000485-87, 488-490, 718-719, 722-23, 759-61, 762-63. These pages
`
`describe the Thums Up and Limca products, the target market for these products, product
`
`information, and the brands’ respective product and marketing histories.
`
`
`
`4
`
`

`

`Distribution and Sales of TCCC’s Thums Up and Limca Products in the United States
`
`13.
`
`It is my understanding that since at least as early as 2005, third parties have imported
`
`TCCC’s authentic Thums Up and Limca beverage products from countries outside of the U.S. for
`
`subsequent resale in the U.S. These authentic products are sold at various points of sale through
`
`the U.S., including specialty stores that cater to Indian and Southeast Asian consumers, such as
`
`Illinois-based Salwan Trading, Inc.
`
`14.
`
`Attached as Exhibit C are true and correct printouts of the Salwan Trading, Inc.
`
`website from 2011 to 2018, available at <salwantrading.com> and through archive.org, which
`
`show TCCC’s Thums Up and Limca beverage products available for purchase, produced as
`
`TCCC005270-5278.
`
`15.
`
`It is my understanding that TCCC’s authorized bottlers, through their authorized
`
`distributors, have sold and are currently selling authentic TCCC Thums Up and Limca products to
`
`retailers and third parties globally. These Thums Up and Limca products are resold by third parties
`
`in Indian grocery stores, restaurants, and other retail outlets in the U.S.
`
`16.
`
`By way of example, TCCC’s authentic Thums Up and Limca products are currently
`
`available for sale including at Patel Brothers (https://www.patelbros.com/), Cherians International
`
`Groceries in (http://cherians.com/BEVERAGES-COLD-DRINKS/) and Botiwalla Indian Street
`
`Food Grill (https://www.botiwalla.com/menu), all of which are located in Atlanta, Georgia.
`
`17.
`
`It is my understanding that U.S. consumers may also purchase TCCC’s Thums Up
`
`and Limca products online through third party retailers, including Amazon. Exemplary websites
`
`where consumers may purchase these products include https://www.amazon.com/Thums-Up-
`
`Soda/dp/B07RPPVXSH/ref=pd_lpo_sbs_325_t_1?_encoding=UTF8&psc=1&refRID=DSH51T
`
`5
`
`

`

`QFXHJ5W1E3XY59
`
`
`
`and
`
`https://www.amazon.com/Limca-Soda-300-
`
`ml/dp/B00ZRAUAEE/ref=sr_1_3?keywords=limca&qid=1565623206&s=grocery&sr=1-3.
`
`18.
`
`TCCC also offers its Thums Up beverage products in person to consumers at the at
`
`the World of Coca-Cola in Atlanta and the Coca-Cola Store Orlando. TCCC has had Thums Up
`
`available at the World of Coca-Cola since April of 2013 as part of its “Taste the World” consumer
`
`experience. The World of Coca-Cola Atlanta has over 1.2 million annual visitors. In addition,
`
`TCCC’s Coca-Cola Store Orlando has had Thums Up available for purchase as an individual
`
`beverage or as part of a tasting tray since its opening in approximately July of 2016. Attached as
`
`Exhibit D are photos of TCCC’s Thums Up product at the World of Coca-Cola and articles
`
`describing the product at the World of Coca-Cola, produced as TCCC000435-439, 440-43, 995-
`
`998, 5028-29.
`
`19.
`
`The concentrate for the Thums Up sold at the World of Coca-Cola Atlanta and
`
`Coca-Cola Store Orlando is manufactured in India and thereafter shipped to the United States,
`
`where it is made into syrup at TCCC’s Atlanta Syrup Plant located at 3791 Browns Mill Rd SE,
`
`Atlanta, GA 30354. Attached as Exhibit E is a true and accurate sample record of such a shipment
`
`from 2007, produced as TCCC000484.
`
`TCCC’s Thums Up and Limca Brands Are Famous Among Indians and Indian-Americans
`
`20.
`
`Given the many number of years which TCCC has been selling its Thums Up and
`
`Limca-branded beverage products and the large number of units which have been sold around the
`
`world, TCCC considers these brands to have an extremely high degree of consumer recognition
`
`and renown not just in India, but to consumers of Indian descent living around the world, including
`
`in the United States, who are aware of the fame of these brands in India.
`
`6
`
`

`

`21.
`
`It is my understanding that the THUMS UP and LIMCA brands are extremely
`
`popular and well-received by consumers in the U.S., particularly Indian-American consumers, due
`
`to the fame of the THUMS UP and LIMCA brands in India and throughout the world.
`
`22.
`
`There are numerous fan sites and articles published by U.S. consumers familiar with
`
`TCCC’s THUMS UP and LIMCA brands. The THUMS UP and LIMCA brands have also received
`
`extensive media coverage in the United States due to their growing popularity with consumers
`
`here. Examples of such fan sites and media coverage include:
`
` https://food52.com/blog/19021-don-t-drink-soda-these-two-indian-sodas-might-change-
`your-mind
`
` https://drinks.seriouseats.com/2013/07/thums-up-india-cola-vs-coke-classic-taste.html
`
`23.
`
`There are numerous specialty stores in the United States which cater to specific
`
`ethnic groups. Indian grocers, which sell products from India to consumers in the United States,
`
`fall into this category.
`
`24.
`
`Ethnic foods have increasingly become sought out by consumers of all backgrounds
`
`as they become more exposed to the cuisines of the world through cooking shows, social media
`
`and the growing presence of globally influenced foodservice offerings.
`
`25.
`
`TCCC is aware of the popularity of its Thums Up and Limca products both globally
`
`and with U.S. consumers, particularly Indian-American consumers.
`
`26.
`
`It is my understanding that according to the 2010 United States Census, the Asian
`
`Indian population in the United States grew from approximately 1.6 million in 2000 to over 2.6
`
`million in 2010, a nearly 60% increase, and is currently one of the fastest growing ethnic groups in
`
`the United States. See https://www.census.gov/library/publications/2012/dec/c2010br-11.html Further,
`
`according to the Pew Research Center, this number has climbed to over 3.8 million as of 2015. See
`
`https://www.pewsocialtrends.org/fact-sheet/asian-americans-indians-in-the-u-s/.
`
`7
`
`

`

`27.
`
`TCCC is aware of these market trends among consumers and plans to sell authentic
`
`Thums Up and Limca products through e-commerce websites as well as through its customers and
`
`on-premise food service partners.
`
`28.
`
`TCCC wants to ensure that any consumer searching for its authentic Thums Up and
`
`Limca beverage products get the products that they are familiar with, namely, TCCC’s Thums Up
`
`and Limca beverage products, not a Thums Up- or Limca-branded beverage produced by a third
`
`party.
`
`Registrant’s Sales of Thums Up and Limca Products and Harm If Registrant’s Infringing
`Activities Continue
`
`29.
`
`I am aware that Meenaxi Enterprises, Inc. (“Meenaxi”) has registered THUMS UP
`
`and LIMCA in the United States, and that these registrations cover the same goods as those TCCC
`
`sells in connection with the marks THUMS UP and LIMCA.
`
`30.
`
`Specifically, both Meenaxi and TCCC use the THUMS UP and LIMCA marks in
`
`connection with their flavored cola and a lemon-and-lime flavore