throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA936863
`
`Filing date:
`
`11/21/2018
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92066092
`
`Party
`
`Correspondence
`Address
`
`Plaintiff
`FRC Balance LLC
`
`GLENN SPENCER BACAL
`BACAL LAW GROUP
`6991 EAST CAMELBACK ROAD, SUITE D 102
`SCOTTSDALE, AZ 85251
`UNITED STATES
`glenn.bacal@bacalgroup.com, jamie.tuccio@bacalgroup.com,
`c:sean.garrison@bacalgroup.com, sean.garrison@bacalgroup.com
`480-719-8501
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Testimony For Plaintiff
`
`Sean Garrison
`
`sean.garrison@bacalgroup.com
`
`/Sean Garrison/
`
`11/21/2018
`
`20181121 Keller Testimonial Declaration.pdf(397407 bytes )
`Keller Ex FRC 2-5.pdf(4018789 bytes )
`Keller Ex FRC 6.pdf(6124660 bytes )
`Keller Ex FRC 7-11.pdf(5573116 bytes )
`Exhibit FRC-12 FRC 000103-000106.pdf(2405359 bytes )
`Keller Ex FRC 13 pt 1.pdf(5016562 bytes )
`Keller Ex FRC 13 pt 2.pdf(5105067 bytes )
`Keller Ex FRC 14.pdf(5043167 bytes )
`Keller Ex FRC 15-18.pdf(5141704 bytes )
`Exhibit FRC-19 FRC 000012-000020.pdf(2473433 bytes )
`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`PRC Balance LLC,
`
`Cancelation No. 92066092
`
`Petitioner,
`
`Mark: JUBI
`
`V'
`
`Ryan Bader,
`
`Registration No. 4,952,953
`
`Registered May 3, 2016
`
`Respondent.
`
`TESTIMONIAL DECLARATION OF SHANNON KELLER
`
`Shannon Keller, under penalty of perjury under the laws of the United States, declares:
`
`i.
`
`I am employed by Petitioner PRC Balance LLC (“FRC Balance”) as Director of
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`Marketing for True Food Kitchen. Among my responsibilities is overseeing the marketing,
`
`advertising, and publicity of FRC Balance’s JUBY TRUE® brand. I have worked in marketing
`
`for 17 years, and I have been employed by PRC Balance since December 2015. Based upon my
`
`industry experience, my position at FRC Balance, as well as my access to and knowledge of FRC
`
`Balance’s business records, I have personal knowledge of the information provided in this
`
`declaration. I am over l8 years old and I am competent to testify, and will testify, in accordance
`
`with this declaration if called upon to do so.
`
`2.
`
`JUBY TRUE is the trademark for FRC Balance’s line ofjuice and coffee bar
`
`services, juices, juice shots, juice cleanses, and other food items sold at the .TUBY TRUE® juice
`
`bars. There are currently two .lUBY TRUE® juice bar locations in Arizona—one in Scottsdale
`
`and one in Phoenix.
`
`

`

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`
`
`
`
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`e
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`3.
`
`The Scottsdale JUBY TRUE is the original location, which opened on October
`
`29, 20l3 and has continuously operated since that date. This store is physically connected to our
`
`True Food Kitchen restaurant at the Scottsdale Quarter — an upscale shopping, dining, and
`
`entertainment development in the Scottsdale Airparlc area. Attached as Exhibit PRC-2 [PRC
`
`000272000276; 000279; 000298] are true and correct copies of photographs accurately
`
`depicting the Scottsdale IUBY TRUE store. Attached as Exhibit PRC—3 [PRC 000225] is a true
`
`and correct copy of a map downloaded from the Scottsdale Qualter website, which accurately
`
`shows the prominent location of JUBY TRUE and True Food Kitchen at the very center of the
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`development.
`
`4.
`
`The opening of JUBY TRUE was accompanied by PRC Balance’s own social
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`media push, as well as substantial third party publicity in the metro Phoenix area. Attached as
`
`Exhibit PRC—4 [PRC 000129-000136; 000161—163] are true and correct copies of news articles
`
`publicizing the opening of JUBY TRUE as the then-latest concept from Pox Restaurant Concepts
`
`(“Pox”), the well-known restaurant group headquartered in Phoenix and led by restaurateur Sam
`
`Pox. Pox owned PRC Balance until PRC Balance was spun off in 2017.
`
`5.
`
`The Phoenix JUBY TRUE location is a standalone store located in the
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`Biltmore/Arcadia area of Phoenix. This location opened in 2014 and also received substantial
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`third party publicity in the marketplace. Attached as Exhibit PRC—5 [PRC 000137—000138;
`
`000159—000160} are true and c01rect copies of news articles publicizing the opening of the
`
`Phoenix JUBY TRUE location. Attached as Exhibit PRC—6 [PRC 000277—000278; 000246—
`
`000247; 00028 8—000293; 000295; 000308; 000320] are true and correct copies of photographs
`
`accurately depicting the Phoenix JUBY TRUE store.
`
`

`

`
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`2i
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`El.
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`i!
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`6.
`
`FRC Balance is the owner of the federally registered mark JUBY TRUE®
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`(Registration Number 4,497,563) in Class 43 for juice bar services featuring both juices and
`
`smoothies; bar services featuring juice and smoothies; coffee and juice bar services. Exhibit
`
`FRC—I , submitted with FRC Balance’s Notice of Reliance, is a true and correct copy of a
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`printout from the United States Patent and Trademark Office’s electronic database showing the
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`current status and title of the IUBY TRUE Registration.
`
`7.
`
`IUBY TRUE is a madeuup, whimsical term derived from a contraction of the
`
`phrase “Juice By True Food” because the juice bar and its products were developed as an
`
`extension of FRC Balance’s True Food Kitchen restaurant. We are aware of no similar name or
`
`mark, other that Respondent’s JUB1, for any drink or drink supplement products.
`
`8.
`
`FRC Balance’s JUBY TRUE® juice bars offer not only juices but also smoothies,
`
`juice shots, juice cleanse products, coffee, tea, and light meals. Attached as Exhibit PRC—7 [FRC
`
`000210; 000232-000235; 000239; 000258; 000260; 000265; 000267; 000269; 000273; 000276;
`
`000278; 003257] are true and correct copies of photographs accurately showing examples of the
`
`JUBY TRUE mark as used on store signage and product containers.
`
`9.
`
`True and correct copies of the IUBY TRUE menus that have been used at each
`
`location and maintained in the ordinary course of business are attached as Exhibit PRC—8 [FRC
`
`000306-00307; 000309; 000251-000256; 000281—000285]. The original menu of the Scottsdale
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`location is shown at FRC 000309. The original menu of the Phoenix location is shown at PRC
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`0003 06—00307.
`
`10.
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`A primary marketing strategy for JUBY TRUE is through social media and
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`online/digital marketing campaigns. FRC Balance has created TUBY TRUE accounts on
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`

`

`Facebook, lnstagram, and Pinterest. FRC Balance has continuously used Facebook and
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`Instagram to advertise and promote the JUBY TRUE goods and services since the first location
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`opened in 2013. FRC Balance uses and has maintained these social media accounts in the
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`normal and ordinary course of it business activities. The content for FRC Balance’s social media
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`posts is created and posted by employees in the marketing department, and the dates shown on
`
`the posts are generated by the social media platform and accurately reflect when the post was
`
`
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`created and published.
`
`11.
`
`From the time IUBY TRUE first opened in October of 201 3, the term JUBY has
`
`been used alone, as an additional mark in reference to the IUBY TRUE products and services.
`
`For example, painted on the outside wall of the IUBY TRUE Scottsdale store is a statement
`
`promoting the services that uses the mark “IUBY”, “We only tell you what we know to be true:
`
`more fruits and vegetables are good for you — IUBY”. Attached as Exhibit PRC—9 [PRC 000294]
`
`is a true and correct copy of a photograph accurately depicting the outside of the Scottsdale store
`
`bearing this promotional statement. Attached as Exhibit FRC~10 [FRC 003259] is FRC
`
`Balance’s first Instagram post dated October 29, 2013 using the hashtag #MyFirstJuby.
`
`12.
`
`Shortly after the grand opening of the original JUBY TRUE location, FRC
`
`Baiance’s IUBY TRUE Facebook and Instagram posts on November 6, 2013 used JURY alone
`
`as a mark in reference to its juices: “Proud to be part of the Scottsdale Quarter family! Have you
`
`tried a Juby Juice yet?” Attached as Exhibit PRC—11 [FRC 000837-000838; 000887] are true
`
`and correct copies of FRC Balance’s IUBY TRUE Facebook and Instagram posts promoting the
`
`opening of the JUBY TRUE store in the Scottsdale Quarter.
`
`

`

`13.
`
`
`The EUBY TRUE webpage, at WWW.i1'lle00dl(itChBIl.COIfl/j ubytrue, has
`
`consistently used the JUBY mark in the phrase “How Do You Juby?” to market and promote the
`
`IUBY TRUE goods and services. Attached as Exhibit FRC~12 {FRC 000103-000106] is a true
`
`and correct copy of the JUBY TRUE webpage, as printed on December 8, 2017. This ”How do
`
`you Juby?” phrase also appears on the menus at JUBY TRUE, as shown in Exhibit FRC-8.
`
`14.
`
`in its promotional activities, FRC Balance has regularly used phrases and
`
`hashtags featuring JUBY, without the word TRUE. Such phrases and hashtags include, without
`
`limitation, “How do you Juby‘?”, “#jubyjuice”, “#IamJuby”, “Juby Truths,” “X0, Juby”, and “It’s
`
`a Juby Kind of Day.” An in-store sign for the 2015 New Year at the Phoenix location
`
`encouraged consumers to “Mix Your Favorite Juby To Create A Unique Cocktail.” Examples of
`
`such uses of JUBY are attached as Exhibit FRC—13 [FRC 000231; 000244; 000248-000249;
`
`000255; 000290; 000292; 000295; 000297; 000302-000305; 000320; 000889-000914; 003197—
`
`003198; 003204; 003227; 003232], which consists of true and correct copies of examples of
`
`FRC Balance’s social media posts and photographs accurately depicting in-store signage and
`
`promotional materials.
`
`15.
`
`On the menus and menu signs at each of the locations, JUBY is used as a mark for
`
`our juice cleanse products. Juby Cleanses consist of a package ofjuices and a juice boost shot.
`
`Attached as Exhibit FRC—14 [FRC 000169-000170; 000251; 000253; 000255; 000270; 000288;
`
`000290; 000298] are true and correct copies of FRC Balance’s promotional materials, menus,
`
`and in-store point of display signage showing use of IUBY as a mark for its juice cleanses.
`
`These promotional materials were created and have been used and maintained in the regular
`
`course of FRC Balance’s business activities. Juby Cleanses have been offered for sale and have
`
`

`

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`ilil
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`ll i lg gg El g
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`appeared on in—store signage continuously since the original IUBY TRUE location opened in
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`October of 2013.
`
`16.
`
`PRO Balance also offers 3 and 4 ounce juice booster drink shots, called Juby
`
`Boosts. These are concentrated juice boosts that can be consumed directly or added to water.
`
`Attached as Exhibit PRC-15 [FRC 000827-000828; 003216] is a true and correct copy of FRC
`
`Balance’s Facebook post, dated January 5, 2014, picturing the Juhy Boosts and showing IUBY
`
`used as a mark on the bottle for these products. Juby Boosts have been sold continuously since at
`
`least January of 2014.
`
`17.
`
`in anticipation of the opening of the Phoenix store, FRC Balance ran an Instagram
`
`campaign around the IUBY mark whereby photos of customers were collected and placed on a
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`dedicated wall inside the Phoenix store, which is called the “I AM JUBY” wall. Attached as
`
`Exhibit ERG—16 [PRC 00891] is a true and correct copy of a post from FRC Balance’s Instagrarn
`
`account dated October 14, 2014, which is addressed to “Juby Juice Lovers” and states:
`
`Juby Juice Lovers, if you’d like to have the chance to have your beautiful face on our “1
`AM JUBY” photo wall at our new location, listen closely. Find us on Instagrarn,
`#JubyTrue. Upload and tag us in the photo of you and your favorite Juby True item.
`Grab your pals and make it a group pic. We love yal!
`
`18.
`
`Attached as Exhibit FRC~17 [FRC 000244] is a true and correct copy of a
`
`photograph that accurately depicts our “1 AM IUBY” photo wall in the Phoenix JUBY TRUE
`
`store.
`
`19.
`
`Attached as Exhibit FRC-l 8 [FRC 000887—000914] are true and correct copies of
`
`FRC Balance’s IUBY TRUE Instagram posts dating back to November of 2013 illustrating how
`
`FRC Balance regularly uses JUBY alone in connection with its juices, boosts, cleanses and juice
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`bar services.
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`

`

` il| iIJ i
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`20.
`
`On May 9, 2017, FRC Balance filed an application to register JUBY, Serial No.
`
`87442558, for juice based nutritionai supplements in the form ofjuice cleanses and juice shots in
`
`Class 5; fruit juices in Class 32; and juice bar services in Class 43. A true and correct copy of
`
`that application is attached as Exhibit FRC—l 9 [PRO 000012—000020].
`
`21.
`
`On August 3, 2017, the Trademark Examining Attorney issued an office action
`
`initially refusing to register JUBY on grounds that it is likely to be confused with Respondent’s
`
`JUBI registered mark. A true and correct copy of the office action is attached as Exhibit PRC-20
`
`[PRC 000025—000071]. In refiising registration for the fruit juices and juice bar services, the
`
`Trademark Examining Attorney found these goods and services to be related to supplements
`
`based upon third party evidence:
`
`Screenshots of websites from Saratoga Juice Bar, Puree Artisan Juice Bar, Raw
`Juicing and Detox, The Daily Press Juice Bar and Blend Juice Bar all show the
`same entity offering fruit juices and juice bar services along with supplements in
`the form ofjuice and drink shots and cleanses. This evidence establishes that the
`same entity commonly provides the relevant foods and services and markets the
`goods and services under the same mark. Therefore, applicant’s and registrant’s
`goods and/or services are considered related for likelihood of confusion purposes.
`
`See p. FRC 000027.
`
`22.
`
`I have also been made aware that Respondent’s JUBI drink shot is promoted and
`
`marketed as an energy drink shot that acts as a cognitive enhancer and a stress reliever with
`
`calming effects and that is claimed to provide increased focus and clarity.
`
`23.
`
`FRC Balance has promoted its juices, cleanses, and juice boosts in a similar way
`
`beginning long before Respondent began to promote and market its JUBI product. For example,
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`one of its earliest promotional pieces for the Juby Cleanses touts the benefits of cleansing to
`
`energize and to provide mental clarity, among other things:
`
`

`

`
`
`
`
`I!
`
`People cleanse for all sorts of positive benefits; as a pathway to a healthier
`lifestyle, to feel more energized, or as a regular part of their lifestyle regimen. At
`Juby True, our juice cleanses are packed with nutrients and are designed to reset
`and recharge your body from the inside out. Many juice cleansers report an influx
`in mental clarity, energy, relaxation, and an improved sense of wellness.
`
`Attached as Exhibit PRC—21 [FRC 000248000249] is a true and correct copy of an in~
`
`store promotional brochure for FRC Balance’s Juby Cleanses from 2014, created,
`
`maintained, and used by FRC Balance in the ordinary course business.
`
`24.
`
`in addition, FRC Balance’s juices, drink shots, and smoothies are promoted as
`
`having effects on the mind and body. By way of example, the IUBY TRUE Sweet Karina juice
`
`supports brain function; the Fennel Destination juice stabilizes mood; the “Grassercise” Juby
`
`Boost provides energy, as does the Green Builder smoothie; and the Cacao Ka—pow smoothie
`
`stabilizes mood, provides energy, and supports brain function. These descriptions are found on
`
`the IUBY TRUE menus in Exhibit PRC—8 at pages FRC 000252-000254; 000281.
`
`25.
`
`Like many juice bars, FRC Balance offers supplements, such as bee pollen, chia
`
`seed, liquid chlorophyll, and chaga extract, which can be added into our smoothies. Attached as
`
`Exhibit PRC—22 [FRC 000288] is a true and correct copy of a photograph showing the menu
`
`board at the IUBY TRUE Phoenix location listing various supplements that can be added to our
`
`smoothies.
`
`26.
`
`In addition to the JUBY TRUE stores, JUBY TRUE juices have been sold at
`
`select Fox restaurants including Olive & Ivy Marketplace, Flower Child, and The Henry, as well
`
`as some of FRC Balance’s other True Food Kitchen locations. Attached as Exhibit FRO—23
`
`[PRC 003226] is a true and correct copy of a IUBY TRUE lnstagrarn post dated October 8, 2014
`
`with a photograph showing JUBY TRUE juices available at The Henry.
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`

`

`
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`l lllIi
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`27.
`
`IUBY TRUE has generated annual revenues in excess of $1 million in each of the
`
`past two calendar years - 2016 and 2017.
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`28.
`
`As noted above, online marketing is a primary means through which FRC
`
`Balance advertises and promotes its JUBY TRUE and JUBY products and services. Much of
`
`this marketing is accomplished through social media and online ad drops conducted periodically.
`
`The FRC Balance marketing department keeps track of these online marketing efforts, and as
`
`part of its regular business activities, has created and maintained a spreadsheet of various online
`
`marketing efforts. The information is recorded in the spreadsheet at or near the time the online
`
`promotion occurs. Attached as Exhibit FRC~24 [FRC 001004] is that spreadsheet.
`
`29.
`
`IUBY TRUE has garnered significant unsolicited media publicity on television
`
`and print media. Attached as Exhibit FRC-ZS [FRC 000116-000122; 0001139000144; 000 i 52—
`
`000158; 003163—003178 ] are true and correct copies of news articles from various publications,
`
`including Forbes magazine, about JUBY TRUE.
`
`30.
`
`The FRC Balance marketing department keeps track of media coverage that
`
`kJUBY TRUE receives. Attached as Exhibit FRC~26 {PRC 001003] is a spreadsheet of media
`
`coverage of IUBY TRUE, which was created and has been updated by the PRC Baiance
`
`marketing department by persons with knowledge of the coverage, at or near the time that the
`
`coverage occurred, and which has been maintained by FRC Balance in the regular course of its
`
`business.
`
`31.
`
`JUBY TRUE was awarded “Best Juice Bar” in the 2015 New Times Best of
`
`Phoenix issue. Attached as Exhibit FRCa27 [FRC 000291] is a photograph accurately depicting
`
`the award plaque that hangs in the Phoenix JUBY TRUE store.
`
`

`

`32.
`
`When FRC Balance learned about the JUBl product in or about March of 2017,
`
`one particular concern, apart from the similarity of the product’s name and mark, was the fact
`
`that the JUB1 product is a liquid consumable that could potentially create health concerns. FRC
`
`Balance also learned that the IUBI product contains phenibut, for which public concerns have
`
`been raised about its safety and the possibility of addiction. Attached as Exhibit PRC-28 [FRC
`
`000955—000956; 000981-001002} are true and correct copies of REDDIT posts and articles
`
`questioning the safety of phenibut.
`
`33.
`
`FRC Balance remains concerned that Whenever a negative event or negative press
`
`occurs with respect to the IUBI product, consumers might mistakenly believe there are issues
`
`with our IUBY TRUE and JUBY products, given the highly similar names.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`54”
`EXECUTED THISQ‘i DAY OF NOVEMB !
`
`
`
`

`

`Certificate of Transmission Pursuant to 37 C.F.R. § 2.119
`
`92066092
`
`4952953
`
`JUBI
`
`Ryan Bader
`
`Testimonial Declaration of Shannon Keller
`
`Cancellation No.:
`
`Registration No.:
`
`Mark:
`
`Registrant:
`
`Type of Filing:
`
`
`I hereby certify that the foregoing document is being filed electronically with the Trademark
`
`Trial and Appeal Board and is being served via E-Mail addressed to:
`
`Steven J. Miller, Esq.
`SCHMEISER, OLSEN & WATTS LLP
`18 East University Drive, Suite 101
`Mesa, AZ 85201
`smiller@iplawusa.com
`
`Attorney of Record for Respondent,
`Ryan Bader
`
`
`/s/ Sean D. Garrison
`Signature
`
`November 21, 2018
`Date
`
`
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`FRC-2
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`FRC-Z
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`
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`

`

`272000CRF
`FRC 000272
`
`
`

`

`
`
`FRC 000273
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`

`

`
`
`FRC 000274
`FRC 000274
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`

`

`
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`572OOOCRF
`FRC 000275
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`

`

`
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`FRC 000276 '
`FRC 000276
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`9nOOOCRF
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`FRC 000279
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`Crescent
`Scottsdale
`Quarter
`Leasing Office
`
`K
`
`Crescent
`Scottsdale Quarter
`LuxuryApartments
`
`(retail below)
`
`Tanzy
`
`(2nd Floor)
`
`iPic Theaters
`
`B r o w n J o r d a n
`
`Flywheel*
`
`Creamistry*
`
`Kona Grill*
`
`Suitsupply
`
`Future Development
`
`73rd Place
`
`South Street Extension
`
`G r e e n w a y - H a y d e n L o o p
`
`E
`
`Eddie V’s
`Prime Seafood
`
`& Spa
`Dolce Salon
`
`Cocina
`SOL Mexican
`
`Room
`Sorso Wine
`
`Le Macaron
`
`Le Creuset
`
`Boutique
`La Foi
`Cariloha
`
`Ooo!
`
`Outfitters
`Travel
`
`Shade Store
`The
`
`Art Gallery
`LUDVIC
`
`Source
`Paper
`
`Pandora
`
`North Street
`
`Forever 21
`
`F
`
`ANGL
`
`Express
`
`A
`
`BRIO
`Tuscan Grille
`
`west elm
`
`B
`
`Bath &
`Body Works
`
`Gap
`
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`
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`
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`
`Dominick’s
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`
`D
`
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`
`U r b a n
`i
`f
`O u t
`
`t
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`Butherus Road
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`Scottsdale Quarter
`
`
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`
`ANGL
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`F
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`H
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`H
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`F
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`
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`
`H
`
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`
`F
`
`F
`
`F
`
`M
`
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`
`C
`
`C
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`Vince.
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`H
`
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`J
`
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`
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`F
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`LUGGAGE
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`Creamistry*
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`Dominick’s Steakhouse
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`Eddie V’s Prime Seafood
`
`Grimaldi’s Pizzeria
`
`M
`
`C
`
`B
`
`H
`
`F
`
`E
`
`H
`
`Caliber Home Loans
`
`Cities West Publishing
`
`Greene Holcomb Fisher
`
`iCrossing
`
`Integrative Headache Care
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`JDA Software
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`Juncture Wealth Strategies
`
`Kona Grill*
`
`Mall Management
`
`Maracay Homes
`
`B
`
`H
`
`A
`
`K
`
`C
`
`E
`
`H
`
`C
`
`C
`
`C
`
`C
`
`M
`
`B
`
`M
`
`M
`
`B
`
`Intermix
`
`Joie
`
`Kinsley
`
`La Foi Boutique
`
`lululemon athletica
`
`Nike
`
`Planet Blue
`
`Ruby Boutique
`
`Urban Outfitters
`
`Vince.
`
`Nambé
`
`Ooo!
`
`Paper Source
`
`Sephora
`
`Travel Outfitters
`
`F
`
`H
`
`E
`
`F
`
`H
`
`H
`
`J
`
`J
`
`F
`
`Cheeky Chic Baby Boutique
`
`Forever 21
`
`GapKids/babyGap
`
`H&M
`
`JEWELRY & ACCESSORIES
`
`Galicia Fine Jewelers
`
`Kendra Scott Jewelry
`
`LensCrafters
`
`Pandora
`
`Paris Optique
`
`Sunglass Hut
`
`Warby Parker
`
`H
`
`F
`
`B
`
`C
`
`H
`
`H
`
`J
`
`E
`
`H
`
`H
`
`F
`
`E
`
`E
`
`C
`
`E
`
`Juby True
`
`Kona Grill*
`
`Le Macaron
`
`Menchie’s Frozen Yogurt
`
`Press Coffee
`
`SOL Mexican Cocina
`
`Sorso Wine Room
`
`Tanzy
`
`True Food Kitchen
`
`Zinburger
`
`G
`
`K
`
`E
`
`H
`
`H
`
`E
`
`E
`
`F
`
`G
`
`F
`
`Platinum Wealth
`
`ReNUE Properties
`
`Starwood Hotels & Resorts
`
`Strategic Retail Group
`
`Superior Home Services
`
`Treyz Law Group
`
`* Coming Soon
`
`M
`
`B
`
`H
`
`C
`
`B
`
`B
`
`FRC000225
`
`

`

`FRC-4
`
`FRC-4
`
`
`
`
`
`

`

`12/7/2017
`
`Fox Enters Juice Market with Launch of Juby True
`
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`Lifestyle (https://azbigmedia.com/lifestyle/) / Restaurants (https://azbigmedia.com/lifestyle/restaurants/) / Fox Enters Juice Market with Launch of Juby True
`
`Fox Enters Juice Market with Launch of Juby True
`
`RESTAURANTS (HTTPS://AZBIGMEDIA.COM/LIFESTYLE/RESTAURANTS/ ) | 10 Dec, 2013 | AZ BUSINESS MAGAZINE (HTTPS://AZBIGMEDIA.COM/AUTHOR/AZ-BUSINESS-MAGAZINE/)
`
`Fox Restaurant Concepts (http://www.foxrc.com) has expanded its presence in the thriving health-conscious restaurant market with the opening of Juby True
`(http://www.jubytrue.com), which stands for “Juice by True,” a juice bar poised to become a multi-unit concept by the end of 2014.
`
`FRC, which has 40 restaurants under 13 brands in six states, opened Juby True in October as an extension to the restaurant group’s Scottsdale, Ariz. location of True Food
`Kitchen (http://www.truefoodkitchen.com). The globally in(cid:211)uenced restaurant debuted in Phoenix in 2008 and was developed in partnership with world-renowned leader in
`integrative medicine and best-selling author, Dr. Andrew Weil. It has since expanded into California, Colorado and Texas and has plans to open locations in Georgia, Virginia
`and Massachusetts.  New units of Juby True will be both stand alone locations and extensions of True Food Kitchen locations.
`
`The launch of the walk-up juice bar is in response to the increasing demand for more healthful food options, said Sam Fox, CEO and founder of Fox Restaurant Concepts,
`based in Phoenix.
`
`“When we (cid:210)rst opened True Food Kitchen, we recognized the need for restaurants that o(cid:215)er nutritious food that also tastes good,” Fox said. “We instilled the same philosophy
`in Juby True, but this time in a portable, convenient cup.”
`
`National Restaurant Association studies con(cid:210)rm the increasing interest in health and nutrition among today’s restaurant guests. In fact, 71 percent of adults said they are
`trying to eat healthier at restaurants than they did two years ago.
`
`https://azbigmedia.com/fox-enters-juice-market-launch-juby-true/
`
`FRC000129
`
`1/3
`
`

`

`12/7/2017
`
`Fox Enters Juice Market with Launch of Juby True
`
`Juby True serves cold-pressed juices for $9, made in house and bottled for on-the-go convenience. The menu also features protein blends and smoothies for $8, water-based
`“hydrators” for $7, “juice boosts” for $4, co(cid:215)ees and teas ranging from $2-$6, and a variety of gluten-free, vegan and paleo-friendly snacks priced between $3 and $4.
`Additionally Juby True o(cid:215)ers one- and two-day cleanse packages for $50 and $99, respectively.
`
`Fruits and vegetables are sourced from local and regional organic farms in relation to “The Dirty Dozen” list. The foundation of Juby True was built with strong in(cid:211)uences from
`True Food Kitchen’s anti-in(cid:211)ammatory philosophy.
`
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`FRC000130
`
`2/3
`
`

`

`12/7/2017
`
`Fox Enters Juice Market with Launch of Juby True
`
`https://azbigmedia.com/fox-enters-juice-market-launch-juby-true/
`
`FRC000131
`
`3/3
`
`

`

`12/7/2017
`
`Fox Restaurant Concepts to quickly grow Juby True juice bar brand - Phoenix Business Journal
`
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`From the Phoenix Business Journal:
`https://www.bizjournals.com/phoenix/blog/prime_cuts/2013/12/fox-restaurant-concepts-to-quickly.html
`
`Fox Restaurant Concepts to quickly grow Juby True juice bar
`brand
`Dec 10, 2013, 11:31am MST
`
`Fox Restaurant Concepts wants to get Phoenix juicing.
`
`The Phoenix-based restaurant group plans to rapidly expand its new
`Juby True juice bar concept in the coming months.
`
`Following last month’s opening of the first Juby True at the Scottsdale
`Quarter True Food Kitchen, Sam Fox’s group will add the concept to the
`True Food at the Biltmore Fashion Park in Phoenix.
`
`After that, a stand-alone Juby True will open at 40th Street and
`Camelback Road early next year. Eventually, Fox also wants to bring Juby
`True to Phoenix Sky Harbor International Airport.
`
`The company will hire between 20 and 25 to staff the three juice bars.
`
`The first Juby True at the Scottsdale Quarter, which
`is attached to the True Food Kitchen there.
`
`“We’ve been doing a lot of work and development in the juice line of things,” Fox said.
`
`Juby True, which stands for Juice by True, was developed as an extension of FRC’s True Food Kitchen concept
`which focuses on fresh, healthful food options, Fox said.
`
`“We already have a good program at True Food,” he said. “It’s an extension of what we’re doing there, with
`fresh-pressed juices, cleanses and smoothies that go with that.”
`
`Juby True serves cold-pressed juices for $9, made in house and bottled to go. The menu also features protein
`blends and smoothies for $8, water-based “hydrators” for $7, “juice boosts” for $4, coffees and teas ranging
`from $2-$6, and a variety of gluten-free, vegan and paleo-friendly snacks priced between $3 and $4.
`Additionally, Juby True offers one- and two-day cleanse packages for $50 and $99, respectively.
`
`Various studies from the National Restaurant Association confirm an increasing interest in health and nutrition
`among today’s restaurant guests.
`
`In fact, 71 percent of adults indicated they are trying to eat healthier at restaurants than they did two years
`ago, according to the NRA.
`
`https://www.bizjournals.com/phoenix/blog/prime_cuts/2013/12/fox-restaurant-concepts-to-quickly.html?s=print
`
`FRC000132
`
`1/2
`
`

`

`Fox Restaurant Concepts to quickly grow Juby True juice bar brand - Phoenix Business Journal
`12/7/2017
`Once the three Juby True locations in Phoenix are open, Fox said his group plans to expand the concept to
`existing True Food Kitchens in other states. The group plans to start with the True Food in Newport Beach,
`Calif.
`
`In addition to building the concept onto existing True Food Kitchens and stand-alone Juby Trues, Fox wants to
`put Juby True juices on store shelves.
`
`“We want to get it in more of a retail environment,” he said.
`
`Beyond Juby True, Fox Restaurant Concepts has been busy expanding of late. In addition to its juice bar
`concept, the Phoenix-based restaurant group recently opened a new Blanco Tacos at the B

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