Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1285857
`
`Filing date:
`
`05/17/2023
`
`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
`
`Attorney informa-
`tion
`
`Intelex USA, LLC
`
`Limited Liability Company
`
`Citizenship
`
`Illinois
`
`105 PRAIRIE LAKE ROAD
`EAST DUNDEE, IL 60118
`UNITED STATES
`
`CHRISTIAN G. STAHL
`QUARLES & BRADY LLP
`411 E. WISCONSIN AVE
`SUITE 2400
`MILWAUKEE, WI 53202
`UNITED STATES
`Primary email: christian.stahl@quarles.com
`Secondary email(s): nicole.renouard@quarles.com, gar-
`rett.hutchinson@quarles.com, docketWI@quarles.com,
`meighan.flanigan@quarles.com, carol.strickland@quarles.com
`414-277-5000
`
`Docket no.
`
`Registration subject to cancellation
`
`Registration no.
`
`6748491
`
`Registration date
`
`05/31/2022
`
`Register
`
`Registrant
`
`Principal
`
`What Do You Meme, LLC
`233 SPRING STREET, 5TH FLOOR WEST
`NEW YORK, NY 10013
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 028. First Use: Jan 2022 First Use In Commerce: Jan 2022
`All goods and services in the class are subject to cancellation, namely: Plush toys; card games;
`game equipment set sold as a unit comprised primarily of a playing board and playing cards; party
`games; tabletop games
`
`Grounds for cancellation
`
`Fraud on the USPTO
`
`Trademark Act Section 14(3); In re Bose Corp.,
`580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.
`2009)
`
`

`

`Attachments
`
`Petition for Cancellation MENSTRUATION CRUSTACEAN.pdf(2332764 bytes )
`Exhibit A.pdf(1852271 bytes )
`Exhibit B.pdf(837526 bytes )
`Exhibit C.pdf(4103045 bytes )
`Exhibit D.pdf(2746379 bytes )
`Exhibit E.pdf(976730 bytes )
`Exhibit F.pdf(4535315 bytes )
`Exhibit G.pdf(4713162 bytes )
`Exhibit H.pdf(1073684 bytes )
`Exhibit I.pdf(228762 bytes )
`Exhibit J.pdf(144293 bytes )
`Exhibit K.pdf(96664 bytes )
`Exhibit L.pdf(36225 bytes )
`
`Signature
`
`/Christian G. Stahl/
`
`Name
`
`Date
`
`Christian G. Stahl
`
`05/17/2023
`
`

`

`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`INTELEX USA, LLC,
`
`
`Petitioner,
`
`
`v.
`
`
`WHAT DO YOU MEME, LLC.
`
`
`Respondent.
`
`
`
`
`
`
`
`
`
`Cancellation No. _____________
`
`
`Registration No.: 6,748,491
`Mark: MENSTRUATION CRUSTACEAN
`Registered: May 31, 2022
`
`
`
`PETITION FOR CANCELLATION
`
`
`Intelex USA, LLC d/b/a Warmies (“Petitioner” or “Warmies”), an Illinois limited
`
`liability company with an address at 105 Prairie Lake Road, East Dundee, Illinois 60118,
`
`believes that it will be damaged by What Do You Meme, LLC’s (“Respondent”) continued
`
`registration of U.S. Trademark Registration No. 6,748,491 for MENSTRUATION
`
`CRUSTACEAN, for use in connection with “[p]lush toys; card games; game equipment set sold
`
`as a unit comprised primarily of a playing board and playing cards; party games; tabletop games”
`
`in class 28 (“Respondent’s Registration”). Warmies petitions for cancellation of Reg. No.
`
`6,748,491 on the grounds of (1) fraud with respect to filing an application with a Declaration in
`
`Support of Application Respondent knew to be false or had reckless disregard to its truth or
`
`falsity; (2) fraud with respect to filing a Statement of Use and associated Declaration Respondent
`
`knew to be false or had reckless disregard to its truth or falsity; and (3) unclean hands for its
`
`inequitable conduct in making a coordinated pattern of false statements during prosecution,
`
`
`
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`

`

`
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`designed to misappropriate and usurp a trademark known to be associated with another, namely
`
`Warmies, all pursuant to Section 14 of the Lanham Act, 15 U.S.C. § 1064.
`
`As grounds for cancellation, Petitioner alleges the following:
`
`Warmies’ Products
`
`1.
`
`Warmies markets and sells lines of high-quality plush stuffed animals and
`
`wellness products under the WARMIES mark. A distinctive feature of Warmies’ products is the
`
`ability to heat them to provide warmth and comfort, making them appealing to both children and
`
`adults for a variety of purposes.
`
`2.
`
`Warmies’ products are sold nationwide, including via major retailers such as
`
`Macy’s and DSW, and they have garnered immense popularity and goodwill among consumers
`
`in the United States.
`
`Respondent Profits Off the Humor and Ingenuity of Others
`
`Respondent is a developer of games and primarily board/card games.
`
`Respondent’s best-selling card game, also called What Do You Meme?, and its
`
`3.
`
`4.
`
`other games and products use memes found on social media and the internet as the centerpieces
`
`of the games.
`
`5.
`
`Respondent’s business model is to search for and curate memes created and
`
`posted on social media by others, and then profit off the humor and ingenuity of these memes,
`
`content creators, and other internet denizens.
`
`6.
`
`Respondent specifically represents in its FAQs on its website that it “ensures that
`
`we have proper rights for all memes and images used in our games and products.”
`
`
`
`
`
`
`
`2
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`

`

`
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`7.
`
`By virtue of its own statement and its business model, Respondent must be aware
`
`of all the memes associated with its games and products and secure proper use rights before it
`
`capitalizes on them.
`
`8.
`
`Here, Respondents have gone too far with its usurpation of the
`
`MENSTRUATION CRUSTACEAN mark used in connection with plush toys.
`
`Social Media and the Public’s Use of
`Menstruation Crustacean and its Association with Warmies
`
`9.
`
`Since at least as early as September 2017, social media has been using the term
`
`“menstruation crustacean” to refer to crustacean-shaped receptacles holding or displaying
`
`feminine hygiene products, particularly in bathrooms.
`
`10.
`
`The image below is an example of such a use from Facebook in September 2017.
`
`A complete and accurate screen capture of this use is attached as Exhibit A.
`
`
`
`
`
`
`
`3
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`
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`

`

`
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`
`
`11.
`
`Because they are microwaveable and provide a soothing lavender scent, Warmies’
`
`plush products are often used for comfort and to help with aches, cramps, soreness, or other
`
`pains, including those associated with menstrual cramps.
`
`12.
`
`These benefits are promoted on Warmies’ website and blog. Attached as Exhibit
`
`B are correct and accurate copies of Warmies’ blog from October 23, 2020, and January 22,
`
`2021, discussing the use of Warmies’ plush toys to alleviate menstrual cramps and pains.
`
`13.
`
`Indeed, consumers themselves use Warmies’ plush products for these purposes
`
`and have posted on social media specifically about using Warmies’ plush products to alleviate
`
`menstrual cramps, among other aches and pains.
`
`14.
`
`The screen captures below from October 2019 through August 2020 are
`
`representative examples of social media posts touting the use of Warmies’ products to alleviate
`
`menstrual cramps across TikTok, Facebook, Instagram, and Twitter. Complete and accurate
`
`captures of representative posts exemplifying the same are attached as Exhibit C.
`
`
`
`
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`
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`4
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`

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`
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`| eReeT Ae?)
`
`X
`
`[3
`
`oy. ek
`
`Speed
`
`c))
`
`| got my Warmies on amazonand it’s the best thing ever © this is petunia @)ssl #periodcramps
`#periodhacks #justgirlythings #noanimalswereharmed
`
`JJ You've Got a Friend in Me - From "Toy Story" - The London Film Score Orchestra
`
`desmari
`Desmari-2020-3-12
`
`
`
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`
`
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`5
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`

`

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`@ ambetton + Follow
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`~iviayu Curne~.*
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`.|
`
`have been diagnosed with this
`disorder, | suffer the majority of the
`symptoms that @mayoclinic mention
`ontheir website specially with heavy
`bleeding andpainful menstrual
`periods. This disorder can put me in
`bed for an entire day and it’s super
`uncomfortable for the majority of te
`days my periodlast (7-12 days)
`becauseof the excessive bleeding.
`There is not to much that you can do,
`it's not curable but fortunately can be
`treatable, in my case painkillers ,
`contraceptive pills and my
`@warmies_usasloth help me cope
`with all these symptoms.If you suffer
`the same, wedefinitely are not alone.
`3-10% of reproductive age women
`wa
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` SeaeiediaSSDENAS,
`havethis disorder. | always ask myself
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`OCTOBER 27, 2019
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`AW
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`ey Bargains Bows and Beaus
`<=, August 16, 2020-@
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`These are the best!!! On sale for $9.99! My daughter uses this for her period cramps every
`month!Can be used warm or cold!
`#affiliatelink
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`Warmies Jr Comfort Heat/Chill Animals
`Warmies® Juniors are smaller than the full-size Warmies (sold in separate deals) but are just a...
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`© Add a comment...
`httos://www.shareasale.com/u.cfm?7d=693486&m=43844 &u=2304286 JANE.COM
`
`

`

`
`
`
`
`15.
`
`In July 2019, Warmies released a lobster-shaped microwaveable plush toy.
`
`Warmies’ lobster had the same properties as other Warmies’ products in that it could be heated
`
`and provided a lavender scent.
`
`16.
`
`Below is a picture of the version of the Warmies’ lobster plush toy released in
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`July 2019.
`
`
`
`17.
`
`At least as early as December 2020, consumers started referring to Warmies’
`
`lobster plush as a Menstruation Crustacean on social media.
`
`18.
`
`For example, on or around December 31, 2020, a TikTok content creator posted a
`
`video of a Warmies’ lobster overlaid with the words “The mensturstion [sic] crustacean” and
`
`tagging both #period and #warmies. A complete and accurate still capture of this video is
`
`attached as Exhibit D.
`
`
`
`
`
`
`
`7
`
`
`
`

`

`
`
`
`
`
`
`Consumers’ Association of Menstruation Crustacean with Warmies Goes Viral
`
`19.
`
`On or about January 13, 2021, another TikTok content creator posted a video
`
`about her “lady time” lobster showing a Warmies’ lobster plush toy being placed into the
`
`microwave with the overlaid text “anyone else have a menstruation crustacean?” This video
`
`obtained over 1.8 million views, over 290,000 likes, over 8700 favorites, over 16,000 shares, and
`
`over 3500 comments. A complete and accurate still capture of this video is attached as Exhibit
`
`E. The product tag on the lobster’s tail visibly reveals the WARMIES name and mark.
`
`
`
`
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`
`
`8
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`

`

`
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`
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`20. Many of the comments to the TikTok video also associate the Warmies’ lobster
`
`with Menstruation Crustacean, directing other users to buy one at Warmies.com or at Amazon.
`
`21.
`
`Below are representative samples of such comments. Attached as Exhibit F are
`
`complete and accurate copies of these comments.
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`
`
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`9
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`

`

`
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`
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`22.
`
`Consumers’ association of MENSTRUATION CRUSTACEAN with Warmies for
`
`plush toys continued after the January 13, 2021 TikTok. Attached as Exhibit G are examples of
`
`consumers on social media associating MENSTRUATION CRUSTACEAN with Warmies.
`
`23.
`
`In fact, the Warmies’ lobster plush toy was so popular that its initial supply had
`
`been completely depleted by June 2021.
`
`24. Warmies quickly restocked its lobster plush toy by October 2021, announcing
`
`publicly on Instagram on October 7, 2021 “HE’S BACK
`
` By popular demand, Mr. Lobster is
`
`finally reunited with the Warmies Family !” In posting this announcement on Instagram,
`
`Warmies also used the MENSTRUATION CRUSTACEAN name and mark in a hashtag,
`
`reflective of the consumer association of the mark for plush products with Warmies’ lobster
`
`plush toy. The post is shown below.
`
`
`
`
`
`
`
`10
`
`
`
`

`

`
`
`
`
`25.
`
`A complete and accurate capture of this Instagram post is attached as Exhibit H.
`
`Respondent’s Business and Respondent’s Registration
`
`26.
`
`Respondent, and its related or predecessor businesses, are entirely focused on
`
`finding and capitalizing on the next new trending meme. Respondent is a social media maven.
`
`27.
`
`Respondent’s business model is to search for and curate memes created and
`
`posted by others and profit off their humor and ingenuity.
`
`28.
`
`Respondent’s products and primary business, including its most popular game
`
`(What Do You Meme?), are based on internet memes.
`
`29.
`
`Because its business centers around pop culture and the latest internet trends and
`
`memes, Respondent is highly motivated to review and keep tabs on current and popular internet
`
`memes, especially viral memes, which would include consumers’ uses of Menstruation
`
`Crustacean and that term’s association with Warmies.
`
`30.
`
`Respondent is generally aware of intellectual property rights, including third-party
`
`rights and prior ownership rights in and to various memes that it did not create, explaining that it
`
`
`
`
`
`
`
`11
`
`
`
`

`

`
`
`“ensures that [it] has proper image rights for all memes and images used in our games and
`
`products.” Representatives for Respondent admit that they spend hours each day looking at
`
`internet memes. Consequently, Respondent knew, or had reckless disregard for, the Menstruation
`
`Crustacean meme and its connection with Warmies before it filed its intent-to-use application for
`
`MENSTRUATION CRUSTACEAN for use with “[p]lush toys; card games; game equipment set
`
`sold as a unit comprised primarily of a playing board and playing cards; party games; tabletop
`
`games” (“Respondent’s Application”), which ultimately became Respondent’s Registration.
`
`COUNT I
`Fraud on the USPTO, 15 U.S.C. § 1064(3):
`Respondent’s Application Included a False Declaration
`
`31.
`
`On February 18, 2021, and approximately one month after the viral TikTok (with
`
`nearly 2 million viewers) that portrayed the Warmies’ lobster plush toy as a Menstruation
`
`Crustacean, Respondent filed Respondent’s Application.
`
`32.
`
`Despite knowing consumers’ close association of the Menstruation Crustacean
`
`with Warmies’ lobster plush toy, Respondent willingly signed its Declaration in Support of
`
`Application on September 20, 20211 declaring:
`
`THAT the Applicant believes it is entitled to use the mark in commerce
`
`and
`
`THAT to the best of my knowledge and belief no other person, firm,
`corporation or association has the right to use said mark in commerce,
`either in the identical form or in such near resemblances thereto as to be
`likely, when applied to the goods or services of such other person, to cause
`confusion or to cause mistake or to deceive;
`
`
`
`1 Respondent filed the Declaration in Support of Application as part of an Office Action Response dated October 7,
`2021.
`
`
`
`
`
`
`
`12
`
`
`
`

`

`
`
`33.
`
`Respondent’s Declaration in Support of Application falsely represented to the
`
`USPTO that Respondent was entitled to use the mark MENSTRUATION CRUSTACEAN in
`
`commerce.
`
`34.
`
`Respondent’s Declaration in Support of Application falsely represented to the
`
`USPTO that Respondent was unaware that no one else had the right to use the mark
`
`MENSTRUATION CRUSTACEAN in commerce in connection with goods in such a manner
`
`that would cause consumer confusion as to the source of the goods.
`
`35.
`
`The false statements in Respondent’s Declaration in Support of Application
`
`constitute material fraudulent misrepresentations of fact in connection with Respondent’s
`
`Application.
`
`36.
`
`By virtue of Respondent’s business and investigation around the memes it uses,
`
`Respondent knew or had reckless disregard that the statements it verified in the Declaration in
`
`Support of Application were false. A complete and accurate copy of Respondent’s Declaration in
`
`Support is attached as Exhibit I.
`
`37.
`
`The fraudulent and material misrepresentations of fact in Respondent’s
`
`Declaration in Support of Application were willfully and knowingly made by Respondent with
`
`the intent to deceive and mislead the USPTO so that Respondent could procure its registration.
`
`38.
`
`Respondent’s Application, which matured into Respondent’s Registration,
`
`published on January 11, 2022.
`
`39.
`
`Respondent’s Application was allowed on March 8, 2022.
`
`
`
`
`
`
`
`
`
`
`
`
`
`13
`
`
`
`

`

`
`
`COUNT II
`Fraud on the USPTO, 15 U.S.C. § 1064(3):
`Respondent’s Declaration in Support of its Statement of Use was and is False
`
`40.
`
`Respondent filed its Statement of Use and Specimen for Respondent’s
`
`Application on March 10, 2022, claiming a first use date of January 2022. A complete and
`
`accurate copy of Respondent’s Statement of Use and Specimen is attached as Exhibit J.
`
`41.
`
`In its Statement of Use, Respondent claimed use only for “plush toys” and
`
`permanently deleted the following goods: “card games; game equipment set sold as a unit
`
`comprised primarily of a playing board and playing cards; party games; tabletop games.” See
`
`Exhibit J.
`
`42.
`
`Despite this deletion, Respondent’s registration certificate shows all of these
`
`goods and services. A complete and accurate copy of Respondent’s Registration Certificate is
`
`attached as Exhibit K.
`
`43.
`
`The Official USPTO Notice of Registration for Respondent’s Registration was
`
`issued on May 31, 2022, and included an explanation of the means to remedy any error in the
`
`information appearing in the registration. A complete and accurate copy of the Official USPTO s
`
`Notice of Registration is attached as Exhibit L.
`
`44.
`
`Respondent has taken no action to correct this error, and as a result, is receiving
`
`the benefits of goods and services that are not supported and do not belong in Respondent’s
`
`Registration.
`
`45. Moreover, Respondent willfully signed the Declaration in support of its Statement
`
`of Use, stating under penalty of 18 U.S.C. Sec. 1001 that:
`
`To the best of the signatory’s knowledge and belief, no other persons,
`except, if applicable, authorized users, members, and/or concurrent users,
`have the right to use the mark in commerce, either in the identical form or
`in such near resemblance as to be likely, when used on or in connection
`
`
`
`
`
`
`
`14
`
`
`
`

`

`
`
`with the goods/services/collective membership organization of such other
`persons, to cause confusion or mistake, or to deceive.
`
`AND
`
`To the best of the signatory’s knowledge, information, and belief, formed
`after an inquiry reasonable under the circumstances, the allegations and
`other factual contentions made above have evidentiary support.
`
`46.
`
`Respondent’s Declaration in support of its Statement of Use falsely represented to
`
`the USPTO that no other person had the right to use the mark MENSTRUATION
`
`CRUSTACEAN in commerce in connection with goods in such a manner that would cause
`
`consumer confusion as to the source of the goods.
`
`47.
`
`Respondent’s Declaration in support of its Statement of Use falsely represented
`
`that it performed a reasonable inquiry under the circumstances and found that Respondent’s
`
`statements to the USPTO were factual, accurate, and had evidentiary support.
`
`48.
`
`The false statements in Respondent’s Declaration in support of its Statement of
`
`Use constitute material fraudulent misrepresentations of fact in connection with Respondent’s
`
`Application.
`
`49.
`
`Given Respondent’s business, investigation around the memes it uses, and the
`
`widespread nature of the MENSTRUATION CRUSTACEAN meme, Respondent knew or had
`
`reckless disregard that the statements it verified in the Declaration in Support of Application
`
`were false.
`
`COUNT III
`Fraud on the USPTO, 15 U.S.C. § 1064(3):
`Respondent’s Registration was Obtained with Unclean Hands
`As it Usurped a Trademark Being Used in Association with Warmies Products
`
`50.
`
`In addition to the fraud on the Trademark Office as described above, Respondent
`
`has unclean hands in applying for the MENSTRUATION CRUSTACEAN trademark knowing
`
`
`
`
`
`
`
`15
`
`
`
`

`

`
`
`that it does not have ownership rights in that mark as used for plush toys and that the term is
`
`instead associated with Warmies in connection with plush toys.
`
`51.
`
`Respondent made no attempt to hide its blatant copying and attempt to usurp or
`
`misappropriate any resulting trademark rights in the MENSTRUATION CRUSTACEAN name
`
`and mark as used in connection with plush toys.
`
`52.
`
`Indeed, a viral TikTok video was initially posted on social media on January 13,
`
`2021. That meme spawned thousands of shares, including many #duets and #stitches, where
`
`other content creators play off the meme to build upon it or comment on it on their own videos.
`
`53.
`
`Just over one month later, on February 18, 2021, while social media continued to
`
`associate the Menstruation Crustacean term with Warmies, Respondent filed Respondent’s
`
`Application, based on an intent to use, despite that Warmies’ lobster-plush toy, which
`
`consumers, by that time, were aware of and had already nicknamed under the
`
`MENSTRUATION CRUSTACEAN mark.
`
`54.
`
`Notably, Respondent’s Application was an intent-to-use application, which staked
`
`Respondent’s “rights” very soon after a viral meme associated with Warmies used the
`
`Menstruation Crustacean nickname.
`
`55.
`
`Under this timeline, Respondent purposefully filed its intent-to-use Application in
`
`response to the recent popularity and consumer recognition in the MENSTRUATION
`
`CRUSTACEAN name and mark in connection with plush toys, despite that such recognition was
`
`associated with Warmies.
`
`56.
`
`Not until one year later, and years after Warmies has been selling its own lobster-
`
`plush toy that it and consumers labeled as a MENSTRUATION CRUSTACEAN, Respondent
`
`
`
`
`
`
`
`16
`
`
`
`

`

`
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`perfected its intent-to-use Application, filing a Statement of Use on March 10, 2022, showing
`
`evidence of the MENSTRUATION CRUSTACEAN mark used in connection with a plush toy.
`
`57.
`
`Respondent’s plush toy, marketed under the MENSTRUATION CRUSTACEAN
`
`mark, seems intentionally designed to copy and mimic the similar Warmies’ plush product as
`
`follows: (a) Respondent’s product depicted a lobster, and not some other type of crustacean, such
`
`as a crab or otherwise; (b) the warmth of the lobster was designed to be heated in a microwave;
`
`and (c) the product was specifically marketed and aimed to be used for and to assist in alleviating
`
`menstrual cramps. All these features were and are shared by the Warmies’ lobster plush toy,
`
`which was introduced years beforehand and had already garnered use and consumer association
`
`with the MENSTRUATION CRUSTACEAN name and mark.
`
`58.
`
`As a result, Respondent’s Application was filed with unclean hands and
`
`Respondent’s Registration was obtained with unclean hands.
`
`59.
`
`Despite its statements that it obtains “proper rights to all memes and images,”
`
`Respondent has capitalized on a popular meme and trend associated with another party in a
`
`fraudulent manner to obtain a registration that it should have never owned and was only able to
`
`own through its inequitable conduct in front of the Trademark Office.
`
`Respondent’s Registration Damages Warmies
`
`60.
`
`Because of Respondent’s fraud and unclean hands in securing Respondent’s
`
`Registration despite all evidence that it is the junior user, Warmies will be damaged by
`
`Respondent’s continued registration of U.S. Trademark Registration No. 6,748,491 for the
`
`MENSTRUATION CRUSTACEAN mark.
`
`
`
`
`
`
`
`17
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`

`

`
`
`WHEREFORE, Warmies believes and avers that it is being and will continue to be
`
`damaged by Respondent’s Registration and requests that it be cancelled and that this Petition for
`
`Cancellation be sustained in favor of Warmies.
`
`Dated: May 17, 2023
`
`Respectfully submitted,
`
`/Christian G. Stahl/
`QUARLES & BRADY LLP
`Christian G. Stahl
`Nicole Renouard
`411 East Wisconsin Ave., Suite 2400
`Milwaukee, Wisconsin 53202
`Tel: 414-277-500
`Fax: 414-271-3552
`E-mail: christian.stahl@quarles.com
`nicole.renouard@quarles.com
`
`
`Garrett Hutchinson
`135 N. Pennsylvania St., Suite 2400
`Indianapolis, Indiana 46204
`Tel: 317-957-5000
`Fax: 317-957-5010
`E-mail: garrett.hutchinson@quarles.com
`
`Attorneys for Intelex USA, LLC
`
`
`
`
`
`
`
`
`
`18
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`

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`EXHIBIT A
`EXHIBIT A
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`

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`05/11/2023
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`https://www.facebook.com/cheerfulnihilism/photos/a.622709361224469/811289785699758/
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`Page 1 of 1
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`EXHIBIT B
`EXHIBIT B
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`

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`warimies
`2 Q by
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` ÿ ÿÿÿÿÿÿ ÿ!ÿÿ"#$%ÿ&# ÿ'(
`
`4 Amazing Health Benefits you need to know about Heat Therapy— Warmies USA
`FREE SHIPPING Over $35*
`Find a Retailer
`
`| Wholesale Account
`
`,,
`
`  ÿ
`ÿ

`
`5/15/23, 9:48 AM
`hello@warmies.com
`
`Wellness -Oct 23, 2020
`
`4 Amazing Health Benefits you need to know about Heat
`Therapy
`
`People in the U.S. are not strangers to chronic pain. Over 20% of Americans deal with pain on a nearly daily basis. From menstrual
`crampstoinjuries to muscle issues, people suffer from chronic pain in various forms.
`
`Concerns about addiction make many people reluctant to take medication to managetheir pain. But living with pain isn’t easy.
`
`Thankfully there are other, more natural ways to managechronic pain. Heat therapyis a low-cost, yet effective method that works
`well for many people. Check out the benefits of heat therapyfor pain relief here.
`
`Relaxation
`
`Heatis often associated with relaxing and comforting activities, like a warm bath or wrapping up ina
`blanket to watch TV. The soothing effect of heat can help people relax and lessen the intensity of non-
`inflammatory pain, which includes:
`
`e Muscles aches and knots
`° Stiffness
`
`© Osteoarthritis pain
`e Menstrual cramps
`© Discomfort because of neuropathy or restless leg syndrome
`e Lowerbackpain
`© General pain and sensitivity
`
`Eases Muscle Tension
`
`
`
`Heat therapy allows muscles to gently stretch and lengthen, easing tension on joints and bones.It may surprise some people to know
`that many types of pain are caused by tense muscles, putting undue pressure on other parts of the body.
`
`Anyone whohasevertried to stretch while their muscles are cold knowsthat they havelessflexibility. Warm up the muscles by doing
`a few light exercises or applying heat therapy and the muscles relax into a deeperstretch.
`
`Increases Blood Flow
`
`Heat therapy also helps blood flow tremendously. Heat causes the blood vessels to dilate — allowing blood to flow morefreely.
`
`This stimulation is helpful when dealing with pain dueto injuries as the increased blood flow will help speed recovery by bringing
`more of the nutrients and materials the body needsto heal.It is also useful for other types of pain by bringing proteins and oxygen
`and removing waste.
`
`A Better Night’s Sleep
`
`50 to 70 million Americans struggle with a sleep disorder. Not getting enough sleep can contribute to chronic pain issues because
`the body needsthese crucial hours of rest to repair itself. Heat therapy can help the body wind down and promote a morerefreshing
`night’s sleep.
`
`Additionally, lavender works wondersto help people de-stress and enjoy a relaxing night of sleep. This makes our lavender-filled
`heatable products a perfect tool in the fight against pain.
`
`https:/Awarmies.com/blogs/blog/4-health-benefits-of-heat-therapy
`
`$ # )* ! ! ++!+++#$
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`4 Amazing Health Benefits you need to know about Heat Therapy— Warmies USA
`5/15/23, 9:48 AM
`How to Use Heat Therapy for Wellness
`
` ÿ ÿÿÿÿÿÿ ÿ!ÿÿ"#$%ÿ&# ÿ'(
`
`If you struggle from constant pain, you may befrustrated about your options. Taking medicationall the time is an unpleasant thought
`and sois constantly dealing with your pain.
`
`Before you give up,try heat therapy. The benefits of heat therapy for pain relief and relaxation go beyond what we’ve mentioned
`here.
`
`Intrigued? Try it for yourself! Drift off to sleep with our heated, lavender-scented eye maskthat will help soothe a headache and
`promote a deeper slumber. Or use our neck wrap to gently ease muscle tension and pain in your neck and shoulders.In addition,
`manypeople have found our adorable Warmies Stuffed Animalsto provide just the right amount of comfort and relaxation.
`
`Check outall our amazing products for health and wellness here!
`
`@ Share
`
`WV Iweet @ Pinit
`
`< Back to Blog
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`M.
`Warlmnies’
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`Intelex USA, LLC.
`105 Prairie Lake Road
`East Dundee,IL 60118
`USA
`
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`
`Promotional offers and codes do not apply to Wholesale orders. Offers may not be combined or used retroactively.
`
`QGOyve
`Copyright © Intelex Group Holdings (UK) Ltd. 1995-2023. Warmies®is a registered trademark belonging to Intelex Group Holdings (UK)Ltd. All rights reserved.
`
`https:/Awarmies.com/blogs/blog/4-health-benefits-of-heat-therapy
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`hello@warmies.com
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`Jan 22, 2021
`
`
`
`FREE SHIPPING Over $35*
`
`@.,
`
`

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`warmies'
`2 Q lp
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`Warmiesare for Adults Too— Warmies USA
`
`Find a Retailer
`
`| Wholesale Account
`
`))
`
`Warmiesare for Adults Too
`
`It’s safe to say that kids love Warmies. However, did you knowthat they can be used by(and are loved by) adults, too? Read on to find
`out how they can makeyour life better.
`
`1. Reduced Anxiety
`
`All of our Warmies products contain real dried French lavender. Lavender is knownto provide a variety of health and wellness
`benefits, including a reduction in anxiety. Lavender reduces anxiety in several ways:
`
`Decreased Blood Pressure
`
`When you breathe in the scent of lavender, you activate the parasympathetic nervous system, whichbrings the bodyinto a "rest and
`digest' state. One characteristic of the rest and digest state is a decreasein vital signs, specifically the heart rate and blood pressure.
`Research showsthat thesevital signs can go down whena personinhales the scent of lavender.
`
`Less Anticipatory Anxiety
`
`Lavendercan minimize anticipatory anxiety, too. If you find yourself feeling anxious or stressed out before a big event,try breathing in
`the scent of lavender. Because Warmies contain real dried French lavender,it’s easy and convenient to breathe in the scent
`whenever you need to calm down.
`
`
`
`2. Improved Sleep
`
`Warmiesdon’t just reduce anxiety.
`
`They can also improve your sleep quality and quantity in the following ways:
`
`Lavender Scent
`
`The sleep improving effects of Warmies haveto do,in part, with their lavender scent. Lavender can improve your sleep quality
`becauseofits calming effects.It’s hard to fall asleep (and stay asleep) when your blood pressure and heart rate are elevated.
`
`Warmth
`
`Warmies,as their name suggests, also provide warmth and comfort. Warm them in the microwavethen lie down with them for the
`
`ultimate comfort. There’s nothing like snuggling up with something warm & cuddly to soothe yourself to sleep.
`
`https://Awarmies.com/blogs/blog/did-you-know-warmies-are-for-adults-too
`
`
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`   ! "# "# $%$&'$ $ $$ $
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`Weight
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`Warmiesare for Adults Too— Warmies USA
`
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`Warmiesare also perfectly weighted. They provide a bit of gentle compression, which can reduce anxiety and soothe you to sleep.
`Similar to a weighted blanket, the compression from a weighted stuffed animal is like a nice hug. It lowers blood pressure and heart
`rate so you can drift off to sleep peacefully.
`
`©
`
`a
`
`3. Reduced Muscle and Joint Aches
`
`Do you ever struggle with a stiff neck or an aching lower backafter a long day at work? If so, Warmies can provide you with some
`much-neededrelief.
`
`The heat from Warmies products doesa great job of soothing and relaxing sore, tight muscles, especially those that contribute to
`neckpain or backpain. It can also provide relief from pain caused byold injury flare-ups and stiffness related to chronic conditions
`like arthritis or fibromyalgia.
`
`Warmies(as well as other heated products) are effective pain-relievers because their heat opens up the blood vessels. This, in turn,
`can speed up the healing process and deliver blood, oxygen, and nutrients to your musclesat a faster rate.
`
`4. Reduced Stomach Pain and Bloating
`
`Lying down with a Warmie or heating pad can also help when you’re struggling with an upset stomachor bloating. The heat and
`weight from Warmies products may reduceor relieve stomach cramps.It can provide a useful distraction from any discomfort you
`might be experiencing as well.
`
`If you’re feeling bloated, the muscle relaxation that the heat provides can be effective, too. It can improve digestion and provide some
`extra comfort.
`
`
`
`5. Fewer Headaches
`
`Did you knowthat the heat and lavender scent from Warmies can also reduce headache frequencyand severi