throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA922552
`
`Filing date:
`
`09/17/2018
`
`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 has filed a petition to cancel the registration indicated below.
`
`Petitioner Information
`
`Name
`
`Entity
`
`Address
`
`Correspondence
`information
`
`DRINK HAPPY BRANDS, LLC
`
`Limited Liability Company
`
`Citizenship
`
`AZ
`
`1959 S. Power Rd., Ste. 103-117
`Mesa, AZ 85206
`UNITED STATES
`
`Steven J. Miller
`Associate
`Schmeiser, Olsen & Watts LLP
`18 E. University Dr., Ste. 101
`Mesa, AZ 85201
`UNITED STATES
`trademarks@iplawusa.com
`480-655-0073
`
`Registration Subject to Cancellation
`
`Registration No.
`
`4497563
`
`Registration date
`
`03/18/2014
`
`Registrant
`
`FRC Balance LLC
`4455 East Camelback Road, Suite B100
`Phoenix, AZ 85018
`UNITED STATES
`
`Goods/Services Subject to Cancellation
`
`Class 043. First Use: 2013/10/29 First Use In Commerce: 2013/10/29
`All goods and services in the class are subject to cancellation, namely: Juice Bar Services featuring
`both juices and smoothies; Bar services featuring juice and smoothies; coffee and juice bar services
`
`Grounds for Cancellation
`
`The mark is merely descriptive
`
`Trademark Act Sections 14(1) and 2(e)(1)
`
`Fraud on the USPTO
`
`Trademark Act Section 14(3); In re Bose Corp.,
`580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.
`2009)
`
`Related Proceed-
`ings
`
`Cancellation Proceeding No. 92066092
`
`Attachments
`
`PetitionToCancel.pdf(190023 bytes )
`Exhibit1-6.pdf(2698909 bytes )
`
`

`

`Exhibit7.pdf(5033385 bytes )
`Exhibit8-9.pdf(765502 bytes )
`
`Signature
`
`Name
`
`Date
`
`/Steven J. Miller/
`
`Steven J. Miller
`
`09/17/2018
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Trademark Registration Nos.: 4497563
`
`Mark: JUBY TRUE
`
`Registered March 18, 2014
`
`__________________________________
`
`
`
`
`
`
`DRINK HAPPY BRANDS, LLC
`
`
`
`
`
`
`
`
`
`
`
`Petitioner,
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`
`
`FRC BALANCE LLC,
`
`
`
`
`
`
`
`
`
`
`
`
`Respondent.
`__________________________________
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Cancellation No: _______________
`
`PETITION TO CANCEL
`
`
`
`COMES NOW Petitioner (hereinafter, “Drink Happy”), a corporation organized
`
`and existing under the laws of Arizona with a principal place of business located at 1959
`
`S. Power Rd., Ste. 103-117, Mesa, Arizona 85206, by and through counsel Schmeiser,
`
`Olsen & Watts, L.L.P., believing that it has been and will continue to be damaged by
`
`U.S. Trademark Registration No. 4497563 for the design mark “JUBY TRUE,” and
`
`hereby petitions for cancellation of same pursuant to Section 14(1) of the Lanham
`
`Trademark Act of 1946 (“Lanham Act”), 15 U.S.C. § 1064(1).
`
`
`
`Respondent FRC Balance LLC (“FRC”), a corporation organized and existing
`
`under the laws of Arizona with a principal place of business located at 4455 East
`
`Camelback Rd., Ste. B100, Phoenix, Arizona 85018, is the registered owner of U.S.
`
`Trademark Registration No. 4497563, which was improperly issued for at least the
`
`reasons described herein.
`
`1
`
`
`

`

`
`
`Petitioner hereby petitions to cancel U.S. Trademark Registration No. 4497563
`
`based on the following.
`
`The Parties
`
`1.
`
`Petitioner is an Arizona limited liability company with its principal place
`
`of business at 1959 S. Power Rd., Ste. 103-117, Mesa, Arizona 85206,
`
`2.
`
`Upon information and belief, Respondent is an Arizona limited liability
`
`company with its principal place of business at 4455 E. Camelback Rd., Ste. B-100,
`
`Phoenix, Arizona 85018.
`
`Petitioner’s Registration and Use of its Mark
`
`3.
`
`Petitioner is the owner of valid and subsisting United States Trademark
`
`JUBI® Registration No. 4952953 in International Class 5 (“JUBI Mark”) on the Principal
`
`Register in the United States Patent and Trademark Office. Attached hereto as Exhibit 1
`
`is a true and correct printout from the United States Patent and Trademark Office
`
`electronic database showing the current status and title of the registration as of September
`
`10, 2018.
`
`4.
`
`Petitioner has used the mark described under registration no. 4952953 in
`
`interstate commerce continuously since at least January 14, 2016 in connection with the
`
`manufacture, distribution, provision, offering for sale, sale, marketing, advertising, and
`
`promotion of homeopathic supplements (drink shots) for calming, relaxing, and
`
`centering.
`
`5.
`
`Because of its widespread, continuous, and exclusive use of the JUBI
`
`Mark to identify its homeopathic supplement drink shots for calming, relaxing, and
`
`2
`
`
`

`

`centering and Petitioner as their source, Petitioner owns valid and subsisting federal
`
`statutory and common law rights to the JUBI Mark.
`
`6.
`
`Petitioner’s JUBI Mark is distinctive to both the consuming public and
`
`Petitioner’s trade.
`
`7.
`
`Petitioner’s homeopathic supplement product contains no natural fruit,
`
`vegetable, or other botanical juice.
`
`8.
`
`Petitioner does not offer juice bar, coffee bar, restaurant, or other services.
`
`Respondent’s Registration and Use of its Mark
`
`9.
`
`Upon information and belief, Respondent is the owner of improperly
`
`registered United States Trademark JUBY TRUE (design) Registration No. 4952953 in
`
`International Class 43 (“JUBI TRUE Mark”) on the Principal Register in the United
`
`States Patent and Trademark Office. Attached hereto as Exhibit 2 is a true and correct
`
`printout from the United States Patent and Trademark Office electronic database showing
`
`the current status and title of the registration as of September 10, 2018.
`
`10.
`
`Upon information and belief, Respondent is the owner of a restaurant
`
`chain including juice bars offering juice bar services featuring both juices and smoothies;
`
`bar services featuring juice and smoothies; and coffee and juice bar services including
`
`juices and smoothies comprising natural, cold-pressed fruit, vegetable, and similar all-
`
`natural juices.
`
`Standing
`
`11.
`
`Petitioner and Respondent are the parties currently litigating In Re. the
`
`Matter of Trademark Registration No. 4952953, Cancellation Proceeding No. 92066092,
`
`a matter now before the Trademark Trial and Appeal Board.
`
`3
`
`
`

`

`12.
`
`Petitioner has a real interest in acting to cancel Respondent’s JUBY TRUE
`
`Mark, whereupon Respondent may not continue to assert its JUBY TRUE Mark against
`
`Petitioner in the aforementioned Cancellation Proceeding.
`
`13.
`
`Petitioner has a reasonable basis for believing that it will suffer damage
`
`through potential loss of its JUBI registered trademark should Respondent succeed in its
`
`Petition to cancel Petitioner’s JUBI Mark.
`
`14.
`
`If registration no. 4952953 for Petitioner’s JUBI Mark is cancelled by the
`
`Board, Petitioner will need to undertake nationwide rebranding of its nootropic product.
`
`15.
`
`Petitioner has marketed and sold its nootropic product under its JUBI
`
`Mark in hundreds of locations throughout dozens of states nationwide since at least
`
`January of 2016.
`
`16.
`
`It is reasonable to believe that nationwide rebranding of Petitioner’s
`
`nootropic product will be consumptive of Petitioner’s time and employee resources.
`
`17.
`
`It is reasonable to believe that nationwide rebranding of Petitioner’s
`
`nootropic product will result of temporary or permanent loss of at least some of
`
`Petitioner’s customers.
`
`18.
`
`It is reasonable to believe the nationwide rebranding of Petitioner’s
`
`nootropic product will result in loss of sales revenue and overall profits to Petitioner.
`
`First Ground for Cancellation – Merely Descriptive
`
`19.
`
`Petitioner incorporates its allegations in paragraphs 1-18 as if fully set
`
`forth.
`
`4
`
`
`

`

`20.
`
`Respondent’s registration should be cancelled because in consists of or
`
`comprises a mark which is merely descriptive or generic under 15 U.S.C. §1052(e)(1),
`
`pursuant to TMEP §1209.03(q).
`
`21.
`
`A term which describes the provider of goods or services is also merely
`
`descriptive of those goods and services.
`
`22.
`
`Respondent offers organic, cold-pressed fruit and vegetable juices under
`
`its JUBY TRUE Mark at its Juby True restaurants. Exhibit 3.
`
`23.
`
`“TRUE FOOD” is a registered trademark (registration no. 3,620,741), also
`
`owned by Respondent FRC Balance and registered in Class 43 for “Full service, sit-down
`
`restaurant and bar services featuring organic, healthful, non-artificial and nutritious
`
`foods.” Exhibit 4.
`
`24.
`
`Respondent advertises JUBY TRUE as providing “Organic Cold-Pressed
`
`Juice” that is available “at all FRC Restaurants.” Exhibits 5 & 7.
`
`25.
`
`JUBY TRUE is a contraction of the descriptive phrase “Juice by True
`
`Foods.” Exhibits 6 & 7.
`
`26.
`
`Respondent produces, bottles, and labels its JUBY TRUE products for sale
`
`at a common source from where JUBY TRUE products are delivered to its True Food
`
`restaurants and its Juby True juice bars. Exhibit 7.
`
`27.
`
`Juice bar services provided at a Juby True juice bar include the sale of
`
`juice by True Food prominently labeled with the JUBY TRUE trademark. Exhibit 8.
`
`28.
`
`Respondent markets its JUBY TRUE-branded products at public seminars
`
`and events held at its True Food restaurants. Exhibit 7.
`
`29.
`
`Respondent’s first Juby True juice bar was a building add-on to
`
`Respondent’s existing True Food restaurant at 15191 N. Scottsdale Road in Scottsdale,
`
`Arizona. Exhibit 9.
`
`5
`
`
`

`

`30.
`
`31.
`
`32.
`
`The JUBY TRUE Mark is not incontestable.
`
`The JUBY TRUE Mark does not have secondary meaning.
`
`JUBY TRUE literally describes juice by True Food.
`
`Second Ground for Cancellation – Fraud
`
`33.
`
`Petitioner incorporates its allegations in paragraphs 1-32 as if fully set
`
`forth.
`
`34.
`
`JUBY TRUE is a contraction of the phrase “Juice By True (Food).”
`
`Exhibits 6 & 7.
`
`35.
`
`Juice by True Food is among the juice bar services offered under
`
`Respondent’s JUBY TRUE trademark. Exhibits 7 & 8.
`
`36.
`
`Respondent intentionally named, advertised, labeled, published, and
`
`marketed JUBY TRUE products and services describing juice by its True Food
`
`restaurant.
`
`37.
`
`Respondent FRC knew of facts relevant to its application for registration
`
`serial no. 86026284 (“Application”) on or before August 1, 2013, when Petitioner filed
`
`its Application for the JUBY TRUE Mark.
`
`38.
`
`At the time Respondent filed its Application, Respondent knew its JUBY
`
`TRUE Mark was merely descriptive of a characteristic of its services—namely, the
`
`provider of the services—offered under its proposed Mark.
`
`39.
`
`The JUBY TRUE Mark did not have secondary meaning at the time
`
`Respondent filed its registration Application.
`
`40.
`
`Respondent knew, or should have known, the JUBY TRUE Mark did not
`
`have secondary meaning at the time Respondent filed its registration Application.
`
`41.
`
`Regardless of its knowledge that the JUBY TRUE Mark was merely
`
`descriptive of a characteristic of its services and did not have secondary meaning,
`
`Respondent FRC intentionally filed its Application, knowing that JUBY TRUE was not
`
`6
`
`
`

`

`eligible for federal registration on the principal register for being merely descriptive of a
`
`characteristic of services offered under its applied-for Mark.
`
`42.
`
`43.
`
`Respondent’s Application itself is a false statement of fact.
`
`Respondent filed its Application with intent to deceive the Trademark
`
`Office for the purpose of obtaining federal registration of its JUBY TRUE Mark.
`
`44.
`
`CONCLUSION
`
`
`
`For at least the reasons stated herein, the Board should grant judgement in favor
`
`of Petitioner and should cancel Respondent’s Registration No. 4497563 in accordance
`
`with Section 14 of the Trademark Act, 15 U.S.C. §1064.
`
`
`
`
`
`
`
`
`
`Date: September 17, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`s: /Steven J. Miller/
`__________________________________
`Steven J. Miller, Esq.
`SCHMEISER, OLSEN & WATTS LLP
`18 E. University Dr., Ste. 101
`Mesa, AZ 85201
`Tel. – (480) 655-0073
`smiller@iplawusa.com
`Attorneys for Drink Happy Brands, LLC
`
`
`
`7
`
`
`

`

`CERTIFICATE OF SERVICE
`
`
`
` I
`
` HEREBY CERTIFY that, on the 17th day of September, 2018, I
`
`electronically filed the foregoing Petition for Cancellation with the Trademark
`
`Trial and Appeal Board using the ESTTA system. I also certify that I have served
`
`a true and complete copy of the foregoing Answer to Petition for Cancellation by
`
`delivery via email and First-Class U.S. Mail, postage prepaid, this 17th day of
`
`September, 2018 to:
`
`Sean D. Garrison, Esq.
`Bacal Law Group
`6991 East Camelback Road, Suite D-102
`Scottsdale, Arizona 85251
`(480) 245-6233
`sean.garrison@bacalgroup.com
`Attorney for FRC Balance, LLC
`
`
`
`
`
`
`By: s: /Steven J. Miller/
`
`
`
`September 17, 2018
`
`8
`
`
`

`

`
`
`Exhibit 1
`Exhibit 1
`
`

`

`
` 
ÿ
`ÿ
`ÿ
` ÿ
`   
`*+,-./ÿ1-2-.3ÿ42-.+-ÿ2+/ÿ562/.7268ÿ9::,;.
`ÿÿPQRSTURQVWÿXÿPQRSTURQVÿZ[T\]Q^_`\ÿaTRQ\bÿacW]TUÿdPZaae
`<=7.>1,-.ÿ?+/.@>1.26;A>BCD>EF=3326G>EH,/.3>I=+-2;-3>JKH3,+.33>.K,Lÿ2F.6-3>M.N3><.FO
`ÿÿfghhÿjklÿmklnÿopqknrqÿstÿustÿhrpÿvwÿwxyzvywzÿg{fÿzwv|
`ÿ
`ÿ
`ÿ
`ÿ
`ÿ
`ÿ
`ÿ
`ÿ
`ÿ
`ÿ
`ƒT\^QSÿ…ÿ^†]ÿ^‡ÿˆ
`ÿ
`ÿ
`ÿ
`}ÿ~
`
`ÿÿ"
`ÿÿ
`ÿ 
`ÿÿ
`
`
`ÿ
` ÿ
`
`ÿ
` ÿ#ÿ
``W]ÿ€]
`‚ƒ„ ]^ÿQT\^QS
`ÿ
`ÿ
`ÿŠÿ‹ŒÿŽÿ‘’“”ÿ•–ŽŽ—˜ÿ—™ÿŽÿš˜Ž›˜Žÿ‘›—œŒ›ÿŽ—ÿ›Ž–›˜ÿŽ—
`žŸŸ ÿÿ
`¡^QSÿ¢RQV£¤¥¦
`§^^SWÿR_S
`©ªÿ «ÿ¬ÿ ­ÿ ÿ ''ÿ '­ÿ «ÿ «ÿ®ÿ&ÿÿ¯
`ÿ
`
`°ÿ
`°ÿ 
±°ÿ ÿ 

` 
`ÿ#ÿ °ÿ
`)ÿ ÿ
`
`ÿ²©³ÿ¬ÿ ­  ´ÿ²©³ÿ¬ÿ©µÿª¶··³ªÿ ­ '
`aTQ¨`\TW
`a]R_SRQS
`¸bRQR\]TQW
`¸[R`UTS
`¢RQVÿ¹QRº`_»
`'ÿ¼µ½¼³½ÿª¯¼³¼ª³ÿ·¼³¾
`¸^ST
`aTQ`R[ÿ¿†UÀTQ­­«
`Á`[`_»ÿ¹R]T
`·ÿ´°ÿ «
`¸†QQT_]ÿ¥RW`W¼
`‚Q`»`_R[ÿÁ`[`_»
`Â
`¥RW`W
`ÆÀ[`WbTSÿ‡^Q
`‚ÄÄ^W`]`^_
`
` !
`ÿ°ÿ «
`ƒT»`W]QR]`^_
`'««´
`¿†UÀTQ
`ƒT»`W]QR]`^_
`·ÿ´°ÿ ­
`¹R]T
`‚º_TQ
`³®©³¼µÿÂ
`°ÿ³ÿ©µ½©Å©½¬¼}ÿ¬µ©½ÿ¼ÿ´ 'ÿÿÅ
`
`ÿ®
`°ÿ
`ÿ ÿ 
`
`¼³©Æ¶µ¼ÿ«««
`€]]^Q_Tcÿ^‡
`
`
`ÿ„ÿ·
`
`ƒT\^QS
`PcÄTÿ^‡ÿ¢RQV³¼½·¼³¾
`ƒT»`W]TQ
`~³©µª©~¼}
``¨TǹTRS
`}©Å
`¦_S`\R]^Q
`  
` ! "#
` $#% &
`%' ()
`
` 
`
`

`

`WW
`
` him-15' LLST
`
`ÿ
`
`ÿ
`
`
`
`
`9/10/2018
`Trademark Electronic Search System (TESS)
`
`   
`
`ÿ
`ÿ
`
`ÿ
`ÿ
`
`ÿ
`ÿ
`ÿ
`ÿ
`ÿ
`ÿ
`
` 
ÿ
`ÿ
`ÿ
` ÿ
`ÿ+,-./0ÿ+ÿ2340ÿ35607+ÿ2089:-ÿ+ÿ;<=235022ÿ+ÿ-0>?ÿ+ÿ?93@8:Aÿ?.>3:Aÿ
`
`|.HOME | SITE INDEXI SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:20x1ya.2.1
`
`  
` ! "#
` $#% &
`%' ()
`
`2/2
`
` 
`
`

`

`Exhibit 2
`Exhibit 2
`
`

`

`Trademark Electronic Search System (TESS)
`
`Page 1 of 2
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Tue Sep 11 04:51:02 EDT 2018
`
`Logout
`
` Please logout when you are done to release system resources allocated for you.
`
`Record 1 out of 1
`
`return to TESS)
`
` ( Use the "Back" button of the Internet Browser to
`
`Word Mark
`
`Goods and
`Services
`
`Mark Drawing
`Code
`
`JUBY TRUE
`
`IC 043. US 100 101. G & S: Juice Bar Services featuring both juices and smoothies; Bar
`services featuring juice and smoothies; coffee and juice bar services. FIRST USE: 20131029.
`FIRST USE IN COMMERCE: 20131029
`
`(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
`
`Serial Number
`
`86026284
`
`Filing Date
`
`August 1, 2013
`
`Current Basis
`
`Original Filing
`Basis
`
`Published for
`Opposition
`
`Registration
`Number
`
`Registration
`Date
`
`Owner
`
`Attorney of
`Record
`
`Prior
`Registrations
`
`Description of
`Mark
`
`1A
`
`1B
`
`December 31, 2013
`
`4497563
`
`March 18, 2014
`
`(REGISTRANT) FRC Balance LLC LIMITED LIABILITY COMPANY ARIZONA 4455 East
`Camelback Road, Suite B100 Phoenix ARIZONA 85018
`
`Glenn S. Bacal
`
`3620741;3688743;4049211;AND OTHERS
`
`Color is not claimed as a feature of the mark. The mark consists of stylized words "JUBY TRUE".
`
`Type of Mark
`
`SERVICE MARK
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4803:1lap81.4.1
`
`9/11/2018
`
`

`

`Trademark Electronic Search System (TESS)
`
`Page 2 of 2
`
`Register
`
`Live/Dead
`Indicator
`
`PRINCIPAL
`
`LIVE
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4803:1lap81.4.1
`
`9/11/2018
`
`

`

`Exhibit 3
`Exhibit 3
`
`

`

`12/8/2017
`
`(2) Juby True - Home
`
`Like
`
`Follow
`
`Recommend
`
`Shop Now
`
`Message
`
`Juby True
`@JubyTrue
`
`Like
`
`Comment
`
`Share
`
`1717
`
`Write a comment...
`
`Press Enter to post.
`
`Juby True
`
`January 23, 2015 ·
`
`Great little blog from a beautiful Mom. First cleanse=great success! Thank
`you North Phoenix Moms Blog..xo
`
`http://citymomsblog.com/…/foodie-friday-juby-true-juice-cl…/
`
`Foodie Friday: J uby True J uice Clean se
`
`Ah yes, the joys of a juice cleanse, my first one but maybe not my last. If you are like
`me and haven't done a cleanse before, it can seem daunting. I'll be honest, I get
`hangry so I was worried...for my family's sake, of course. However, my experience…
`
`CITYMOMSBLOG.COM
`
`Like
`
`Comment
`
`Share
`
`https://www.facebook.com/JubyTrue/
`
`Chat (Off)
`
`(cid:39)(cid:51)(cid:36)(cid:1)(cid:17)(cid:17)(cid:17)(cid:23)(cid:22)(cid:24)
`
`211/392
`
`

`

`Exhibit 4
`Exhibit 4
`
`

`

`Trademark Electronic Search System (TESS)
`
`Page 1 of 2
`
`United States Patent and Trademark Office
`
`Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help
`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Thu Apr 5 04:51:02 EDT 2018
`
`Logout
`
` Please logout when you are done to release system resources allocated for you.
`
`Start List At:
`
`OR Jump
`
`to record:
`
`Record 53 out of 68
`
`return to TESS)
`
` ( Use the "Back" button of the Internet Browser to
`
`Word Mark
`
`Goods and
`Services
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`Code
`
`TRUE FOOD
`
`IC 043. US 100 101. G & S: Full service, sit-down restaurant and bar services featuring
`organic, healthful, non-artificial and nutritious foods. FIRST USE: 20090317. FIRST USE IN
`COMMERCE: 20090317
`
`(4) STANDARD CHARACTER MARK
`
`Serial Number
`
`77501250
`
`Filing Date
`
`June 17, 2008
`
`Current Basis
`
`Original Filing
`Basis
`
`Published for
`Opposition
`
`Registration
`Number
`
`1A
`
`1B
`
`November 18, 2008
`
`3620741
`
`Registration Date May 12, 2009
`
`Owner
`
`(REGISTRANT) Fox Restaurant Concepts LLC LIMITED LIABILITY COMPANY ARIZONA
`7135 E. Camelback Rd, #260 Scottsdale ARIZONA 85251
`
`(LAST LISTED OWNER) FRC BALANCE LLC LIMITED LIABILITY COMPANY DELAWARE
`4455 East Camelback Road, Suite B100 Phoenix ARIZONA 85018
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:vxvnvz.3.53
`
`4/5/2018
`
`

`

`Trademark Electronic Search System (TESS)
`
`Page 2 of 2
`
`Assignment
`Recorded
`
`ASSIGNMENT RECORDED
`
`Attorney of Record Glenn Spencer Bacal
`
`Disclaimer
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "FOOD" APART FROM THE
`MARK AS SHOWN
`
`Type of Mark
`
`SERVICE MARK
`
`Register
`
`PRINCIPAL
`
`Affidavit Text
`
`SECT 15. SECT 8 (6-YR).
`
`Live/Dead Indicator LIVE
`
`|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
`
`http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:vxvnvz.3.53
`
`4/5/2018
`
`

`

`Exhibit 5
`Exhibit 5
`
`

`

`12/8/2017
`
`(2) Juby True - Home
`
`Blocked nose or Stuffy nose is the common term used for the problem Nasal
`Congestion which if not treated at the earliest will result in sinus problem or even…
`
`HEALTHY-HOLISTIC-LIVING.COM
`Like
`Follow
`Recommend
`
`Like
`
`Comment
`
`Share
`
`Shop Now
`
`Message
`
`44
`
`1 Share
`
`Write a comment...
`
`Press Enter to post.
`
`Juby True
`
`January 13, 2015 ·
`
`Juby True
`@JubyTrue
`
`That's right people-
`We are now at all your favorite Fox Restaurant Concepts! Yippee!
`Now you can grab our favorite 'Basillion' with your next Flying Avocado wrap,
`or catch us at the The Henry, Olive & Ivy and True Foods.
`
`Like
`
`Comment
`
`Share
`
`1313
`
`Top Comments
`
`Write a comment...
`
`Press Enter to post.
`
`Brandie Kucyla Love, love, love a Juby True "Smooth Operator"!
`
`Like
`
` · Reply · January 13, 2015 at 12:29pm
`
`Roman Renteria FabuTrue....FantasTrue!!!
`
`Like
`
` · Reply · January 13, 2015 at 8:34am
`
`https://www.facebook.com/JubyTrue/
`
`Juby True
`
`January 12, 2015 ·
`
`Chat (Off)
`
`(cid:39)(cid:51)(cid:36)(cid:1)(cid:17)(cid:17)(cid:17)(cid:23)(cid:23)(cid:21)
`
`218/392
`
`

`

`Exhibit 6
`Exhibit 6
`
`

`

`12/7/2017
`
`(6) Juby True Organic Cold Pressed Juice: Overview | LinkedIn
`
`We Send You New Clients - 100,000 Leads by Practice Area in Real-Time. Join Martindale-Nolo® Ad
`
`
`
`
`Juby True Organic Cold Pressed Juice
`Restaurants • (cid:471)(cid:475) followers
`
`Follow
`
`See jobs
`
`(cid:470) employee on LinkedIn
`
`About us
`
`Juby True offers cold-pressed juices, smoothies, and boosters that are built on the belief of good nutrition should always taste amazing. We create new pathways to health by
`making delicious and fresh also quick and easy. When you drink Juby True, you’ll get a healthy dose of fruits and vegetables, made from the best possible ingredients. We
`create chef-driven recipes that balance flavor and nutrition.
`
`Company details
`Website
`http://foxrc.com/restaurants/juby-true/
`
`Year founded
`(cid:471)(cid:469)(cid:470)(cid:473)
`
`Company type
`Privately Held
`
`Company size
`(cid:470)(cid:470)-(cid:474)(cid:469) employees
`
`See less
`
`Get exclusive insights on (cid:473)(cid:474)(cid:469),(cid:469)(cid:469)(cid:469)+ public & private companies
`See company growth
`Check out notable
`
`
`and functional trends
`leadership changes
`
`Try Premium for free
`
`Affiliated Companies
`
`Fox Restaurant Concepts
`Restaurants
`(cid:470)(cid:472),(cid:476)(cid:471)(cid:470) followers
`
`Recent updates
`
`Juby True Organic Cold Pressed Juice
`(cid:474)mo
`
`Check out our big sister, True Food Kitchen - now open in King of Prussia, PA! Now serving up Kale-Aid for Philly!
`
`https://www.linkedin.com/company/jubytrue/
`
`1 Messaging
`
`FRC000164
`
`1/2
`
`Search
`
`(cid:470)
`
`(cid:470)
`
`(cid:473)
`
`Try Premium
`for Free
`
`

`

`12/7/2017
`
`(6) Juby True Organic Cold Pressed Juice: Overview | LinkedIn
`
`True Food Kitchen on LinkedIn: "True Food Kitchen is GROWING…
`linkedin.com
`
` Like
`
` Comment
`
` Share
`
`https://www.linkedin.com/company/jubytrue/
`
`FRC000165
`
`2/2
`
`Search
`
`(cid:470)
`
`(cid:470)
`
`(cid:473)
`
`Try Premium
`for Free
`
`

`

`12/7/2017
`
`Juby True | Phoenix-Scottsdale | WhereTraveler
`
`(©Fox Restaurant Concepts)
`
`Ashley-Sleep® Mattresses
`Ashley HomeStore
`
`Shop Ashley Furniture HomeStore® for a Wide
`Selection of Ashley-Sleep® Mattresses
`
`WEBSITE
`
`DIRECTIONS
`
`Phones:
`480 265 4500
`
`Juby True
`
`The name is a contraction of the
`words “juice by True,” which
`means this juice bar is related to
`the Dr. Andrew Weil/Sam Fox
`restaurant collaboration True
`Food Kitchen. Fruits and
`vegetables are cold-pressed and
`combined with herbs, spices and
`seeds to maximize healthy effects.
`
`Phones:
`480 240 1277
`
`Address:
`3912 E.
`Camelback
`Rd.
`Phoenix, AZ
`United States
`
`Address:
`Scottsdale Quarter
`15191 N. Scottsdale Rd.
`Scottsdale, AZ
`United States
`
`Website:
`Juby True
`http://www.foxrc.com/juby-true/
`
`https://www.wheretraveler.com/phoenix-scottsdale/eat/juby-true
`
`FRC000206
`
`1/4
`
`

`

`Exhibit 7
`Exhibit 7
`
`

`

`12/8/2017
`
`Juby True by True Food Kitchen
`
`JUICE BY TRUE FOOD
`
`From the health-driven team who brought you True Food Kitchen, we’re Juby True. Our name stands for Juice by True Food, but we stand for
`much more. We’re built on the belief that nutrition should always taste amazing, so we’ve created unique recipes that balance (cid:216)avor and
`nutrients made from the season’s ripest ingredients. Every 16-ounce bottle of juice contains (cid:215)ve to seven pounds of raw, 100% organic
`produce that is cold-pressed and never pasteurized. Oh, and we did we mention we also offer juice boosts, smoothies, coffee, teas, almond
`mylks, superfood salads and healthy snacks? Stop in and discover all that is Juby True.
`
`HOW DO YOU JUBY?
`
`There is only truth in our juice. And we only tell you what we know to be true: more fruits and vegetables are good for you. So, how do you
`Juby?
`
`Let’s be honest: plants are good for us. We should eat (and drink) more of them. And ours are cold-pressed to keep the (cid:216)avors and nutrients freshest.
`
`Organic Cold-Pressed Juices
`
`Maybe you work out a lot or maybe you don’t. We’re not asking questions. Either way, you’ll love the clean (cid:216)avors and super-hydrating qualities of our refreshing hydrators.
`
`Hydrators
`
`https://www.truefoodkitchen.com/jubytrue
`
`Juice Boosts
`
`1/4
`
`FRC000103
`
`

`

`12/8/2017
`
`Juby True by True Food Kitchen
`
`We may be small, but we still pack a nutritious punch. Get your nutrients on-the-go by adding a juice boost to your water.
`
`Sprouted almonds are exponentially higher in all nutrients and vitamins than plain raw. Sprouting releases the life force and energy of dried foods.
`
`Nut & Seed Blends
`
`Reset and detoxify. Nourish with raw fruits and vegetables to provide your body with a healthy cleanse.
`
`Juice Cleanses
`
`Start your day with the bene(cid:215)ts of fresh fruits and vegetables blended into a deliciously nutritious smoothie.
`
`Smoothies
`
`Superfood & Healthful Snacks
`
`Keep your energy high all day long with our gluten-free and vegan snacks and sweets.
`
`VIEW OUR SCOTTSDALE MENU (DOCS/JUBYTRUE/JUBYTRUE_SCOTTSDALE_FULL_MENU.PDF)
`
`VIEW OUR ARCADIA MENU (DOCS/JUBYTRUE/JT_39TH_FULL_MENU_07052017_WEB.PDF)
`
`Seasona(cid:157) Si(cid:170)(cid:174)
`
`FENNEL DESTINATION
`
`Mood balancing, heavy metal uptake
`Contains: green & red apple, fennel, cilantro,
`lemon, lime.
`
`ORANGE YA GLAD
`
`https://www.truefoodkitchen.com/jubytrue
`
`2/4
`
`FRC000104
`
`

`

`12/8/2017
`
`Juby True by True Food Kitchen
`
`Kidney support, alkalizing, anti-in(cid:216)ammatory
`Contains: Fuji Apple, fresh cranberry, ginger,
`lemon, orange.
`
`MINTUITION ALMOND MYLK
`
`Glowing skin, essential fatty acids and anti-oxidant rich
`Contains: Cacao nibs, dates, Madagascar vanilla bean paste, peppermint oil, almonds and alkaline water
`
`CLEANSE WITH BENEFITS
`
`Whether you want to eliminate unhealthy cravings, restore your desire for eating real food, reset your metabolism or (cid:216)ush out toxins, an
`organic juice cleanse offers great bene(cid:215)ts for your mind and body.
`
`This 1, 2, or 3-day beginner’s cleanse includes a delicious salad for dinner and is a great way to recover from bad behavior and help your body reboot.
`
`THE NEWBIE
`
`If you have some knowledge of cleansing, elevate to the next level and try this 1, 2, or 3 day 100% liquid cleanse packed with extra-high quantities of nutrient dense greens to help
`restore maximum vitality to your entire system.
`
`THE APPRENTICE
`
`https://www.truefoodkitchen.com/jubytrue
`
`FRC000105
`
`3/4
`
`THE SAGE
`
`

`

`12/8/2017
`
`Juby True by True Food Kitchen
`
`When you’re ready to say farewell to the fork, this 1, 2, or 3-day cleanse is 100% liquid and full of a variety of fruits and veggies to satisfy your taste buds and give your digestive
`system a real opportunity to reset and detoxify.
`
`JUBY TRUE LOCATIONS
`
`Scottsdale Quarter
`15191 N. Scottsdale Road
`Scottsdale, AZ 85254 (https://goo.gl/maps/5qwWGG4L99w)
`480.265.4500
`
`Daily: 8am - 7pm
`
`Arcadia
`3912 E. Camelback Road
`Phoenix, AZ 85018 (https://goo.gl/maps/uUY7YVSxVCv)
`480.240.1277
`
`New store hours as of October 1st:
`Weekdays: 7am - 6pm
`Weekends: 7am - 4pm
`
`Some of your favorite Juby True juices and mylks are available at select FRC restaurants including Olive & Ivy Marketplace, Flower Child, The Henry, and our True Food
`Kitchen Biltmore location.
`
`https://www.truefoodkitchen.com/jubytrue
`
`FRC000106
`
`4/4
`
`

`

`12/8/2017
`
`Fox Restaurant Concepts - Juby True
`
`Food is the focus, but the love, the genuine connection, is in the details.
`
`Facebook
`
`
`
`Instagram
`
`Email sign up
`
`Group Dining
`
`RESTAURANTS
`
`
`
`CAREERS
`
`
`
`COMPANY
`
`
`
`GIFT CARDS
`
`
`
`GROUP DINING
`
`
`
`HAPPENINGS
`
`JUBY TRUE
`
`Visit another restaurant
`
`https://www.foxrc.com/restaurants/juby-true/
`
`FRC000107
`
`1/3
`
`

`

`12/8/2017
`
`Fox Restaurant Concepts - Juby True
`
`Juby True o(cid:216)ers cold-pressed juices, smoothies, and boosters that are built on the belief of good
`nutrition should always taste amazing. We create new pathways to health by making delicious
`and fresh also quick and easy. When you drink Juby True, you’ll get a healthy dose of fruits and
`vegetables, made from the best possible ingredients. We create chef-driven recipes that balance
`
`(cid:219)avor and nutrition.
`
`
`
` |
`
`
`
` |
`
`LOCATIONS & MENUS
`
`Arizona
`
`Scottsdale
`
`Scottsdale Quarter
`
`15191 N Scottsdale Road
`Scottsdale Arizona 85254
`
`Tel: 480.265.4500
`
`GET DIRECTIONS
`
`Phoenix
`
`Arcadia
`
`Arcadia
`3912 E Camelback Road
`Phoenix Arizona 85018
`
`Tel: 480.240.1277
`
`GET DIRECTIONS
`
`Hours
`
`Mon-Sun: 8am to 7pm
`
`Menus
`
`Full Menu
`
`Hours
`
`Weekdays: 7am to 6pm
`Weekends: 7am to 4pm
`
`Menus
`
`Full Menu
`
`Sign up for emails
`
`
`
`Send us Feedback
`
`https://www.foxrc.com/restaurants/juby-true/
`
`Fox Restaurant Concepts
`
`4455 E Camelback Rd, Ste B100
`
`Phoenix, AZ 85018
`
`Facebook
`
`Instagram
`
`FRC000108
`
`2/3
`
`

`

`12/8/2017
`
`Fox Restaurant Concepts - Juby True
`
`480 905 6920 | Contact Us
`
`Privacy Policy
`
`Email sign up
`
`Group Dining
`
`https://www.foxrc.com/restaurants/juby-true/
`
`FRC000109
`
`3/3
`
`

`

`TI'UE FOOd
`
`.'-.
`
`||'I.'[||i:l.'| mu
`
`Milan Mu-Ju
`
`:-:'
`
`
`
`JUICE BY TRUE FOOD
`
`
`
`T't'z-:o'--::.-""'-.- :e
`
`HOW DO YOU JUBY?
`.--c-~o.:----.--.,..-.- u :-o 'oae-' .c--_\---: -.:.---
`
`:m <: -<:—:.--; (:..-s- w::.-.‘
`
`
`
`FRCOOO110
`FRC000110
`
`

`

`TILIZ Food
`
`ASOUT MENU
`Drpnk cola-Pumas mum
`
`LOERTIONS
`
`LIVETRUE CAME \‘RAJEIN‘SIDER
`
`man Room
`
` wk; mum 1.
`
`l\'\.'.r m .-
`
`
`
`
`
`
`
`1|.
`
`3.1.
`
`SuMfll'khuzlmh mud Mania 2 aluminum.
`alualuin:
`
`Mend munclng. Imaluml'r .\|d.£u|.\nfinl
`disuuim
`
`
`
`TlLlE‘ Food
`
`A801.” MENU
`
`LOCATIONS
`
`LIVE‘TRUE
`
`(mini
`
`:RUEINEI‘DER
`
`m. “P M
`
`W
`CLEANSE WITH BENEFITS
`a: gun-M 5e.-
`Mu.
`ul M-ur w .m-
`
`:e.1n:eu1mau;w
`THEAPPRENTICE
`. ,...-
`
`'\¢L)\1'
`,. m
`
`mmnun-I'M:
`mum mavd mu
`
`m.
`”mam
`
`.uguaoc'u-
`THESAGE
`
`u—m: «r‘
`
`
`
`FRCOOO111
`FRC000111
`
`

`

`TI“? Food
`
`f-BCUT
`
`“EMU
`
`UECN'IONS
`
`LIVE TRUE
`
`C-‘JI‘EEES
`
`TRUE INSIDER
`
`:3?
`JUBY TRUE LOCATIONS
`
`Sco‘tianle Quaner
`Arcade
`-.x
`.
`.-'.
` Numelwn Chm Lnl.
`WFm-M
`
`Wuhnds: In! 4am
`
`
`TI“? Food
`
`380 UT
`
`MENU
`
`LIVE TRUE
`JX 47IONS
`..
`‘
`*‘-_-_-;J.
`_I_-,m fl-I I
`
`C-KQ‘EEZS
`
`ERIJE INSIDER
`
`Twaiflwlfioguflg'rm
`
`FRCOOO112
`FRC000112
`
`
`
`
`
`

`

`11/1/2017
`
`Aloha Online Ordering - Home
`
`https://juby.alohaorderonline.com/
`
`FRC000113
`
`1/1
`
`

`

`12/2: Juby True opens in Arcadia, adds to Sam Fox
`empire
`
`Carey Sweet, Special for The Republic
`
`Published 10:17 a.m. MT Nov. 28, 2014
`
`Is it the Valley of the Sun, or the Valley of the Sam Fox?
`
`The Phoenix-based entrepreneur is expanding his restaurant footprint with a second location for Juby True,
`
`opening Tuesday, Dec. 2, in Arcadia. Set just west of 40th Street on Camelback Road in Phoenix, the new
`
`space also acts as a commissary, preparing juices for delivery to other local Fox restaurants, including outposts
`
`at Phoenix Sky Harbor International Airport.
`
`Fox's group, Fox Restaurant Concepts, encompasses 15 unique restaurant and bar themes spanning seven
`
`states.
`
`This is the second Juby True store, but the first standalone spot, in a 2,200-square-foot space that expands the
`
`base idea of organic, fresh, cold-pressed juices to include coffees, teas, snacks, "energizing" salads and super-
`
`(Photo: Fox Restaurant Concepts)
`
`food meal-replacement smoothies.
`
`To kick off the health fest, the Arcadia store is giving away a "lifestyle box" each day Dec. 2-6, valued at more than $500 each. Guests can enter a
`
`drawing to win a package of:
`
`(cid:149)$100 True Food Kitchen gift card.
`
`(cid:149)A copy of New York Times' best-selling cookbook "True Food Kitchen: Seasonal, Sustainable, Simple, Pure."
`
`(cid:149)A gift certificate for a three-day Juby True cleanse.
`
`(cid:149)A gift certificate for Madison Improvement Club classes in Phoenix.
`
`(cid:149)Lululemon workout gear.
`
`The first Juby opened just over a year ago next to Fox's True Food Kitchen at Scottsdale Quarter, and then set up a bottled juice bar in the True Food
`
`Kitchen at Biltmore Fashion Park in Phoenix.
`
`The idea quickly proved to be a popular one, banking on juice recipes showcasing anti-inflammatory and anti-oxidant ingredients. Every 16-ounce bottle
`
`contains 5 to 7 pounds of raw, 100-percent organic fruits and/or vegetables.
`Celebrate Together This Season
`
`$9.99/MO
`
`FRC000114
`
`

`

`12/7/2017
`
`Fox Enters Juice Market with Launch of Juby True
`
`fl
`
`SEARCH
`
`BUSINESS
`
`REAL ESTATE
`
`LIFESTYLE
`
`RANKING ARIZONA
`
`PUBLICATIONS
`
`AWARDS & EVENTS
`
`SHOP
`
`CONTACT US
`
`
`(https://www.facebook.com/azbigmedia/)https://www.instagram.com/azbigmedia/?
`
`https://twitter.com/AZBigMedia)
`hl=en)
`(https://azbigmedia.com/)
`
` (
`
` (
`
`Lifestyle (https://azbigmedia.com/lifestyle/) / Restaurants (h

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket