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1 II Paul N Tauger (CA State Bar No 160552) ptaugerheronufritionalscom
2 II HERO NUTRITIONALS LLC 991 Calle Negocio
3 II San Clemente CA 92673 Telephone (949) 498-2280
4 II Counsel for Plaintiff
511 HERO NUTRITIONALS LLC
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UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
SANTA ANA DIVISION
10 II HERO NUTRITIONALS LLC a California corporation
11 II Plaintiff
12 II v
1311 LES ALIMENTS SOYUMMI INC a
14 II Quebec Canada corporation and DOES 1 through 100
15 II Defendants
16 II
J7 II
18 II
19 II
20 II
21
) CIVIL ACTlON
) No SACV09-01204 CJC (RNBx ) ) COMPLAINT FOR ) ) 1 Trademark Infringement - 15 ) USC sect 1114 ) 2 Countelfeiting - 15 USC sect ) 1116 ) 3 Unfair Competition - 15 USC sect ) 1125(a) ) 4 State Unfair Competition shy) CaIBusampProfCode sect 17200 et ) seq ) 5 False and Fraudulent Registration ) 15 USC sect 1120 ) 6 Cancellation ofUS Trademark ) Reg No 2919529 - 15 USC sect ) 1119 ) 7 Constructive Trust ) 8 Accounting ) ) JURY TRIAL DEMANDED
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Introduction
1 This is an action for trademark infringement pursuant to Section 32 of
II the Lanham Act unfair competition pursuant to Section 43a of the Lanham Act
II false and fraudulent registration pursuant to 15 USC sect 1120 cancellation ofa
federally-registered trademark pursuant to 15 USC sect 1119 California state unfair
competition pursuant to CalBusampProf Code sect 17200 et seq a constructive trust
II and an accounting
Parties
2 Plaintiff HERO NUTRlTIONALS LLC (hereafter Hero or
II Plaintiff) is a California corporation with its principal place of business at 991
II Calle Negocio San Clemente California 92673
3 Defendant LES ALIMENTS SOYUMMI INC (hereafter
II Soyummi) is on information and belief a Quebec Canada corporation with its
II principal place of business at 3655 Redpath Street Montreal Quebec H3G 2W8
II Canada On information and belief Soyummi transacts business within the State
II of California including the Central District
4 Plaintiff is unaware of the true names capacities and acts giving rise
II to the liability of defendants Does 1-100 and therefore sues said defendants by
II such fictitious names Plaintiff will amend its Complaint to insert the true names
II of said defendants when their names capacities and acts giving rise to their
II liability become known Plaintiff is informed and believes and thereon alleges that
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II Does 1-100 are responsible in some manner for the events and injuries herein
II alleged
5 Plaintiff is informed and believes and thereon alleges that at all times
II herein mentioned each defendant was the agent and employee of each of the
II remaining defendants and was acting in the scope of his agency and employment
II in doing the acts herein alleged
Jurisdiction and Venue
6 This Court has jurisdiction over the subject matter of this action
pursuant to 28 USC sectsect 2201-2202 and 28 USC sectsect 1331 and 1367
7 Venue of this action lies in this Judicial District pursuant to 28 USC sect
1391
Common Allegations
8 Hero is a manufacturer and distributor of vitamins and nutraceuticals
II throughout the United States and countries throughout the world Heros first and
II flagship product a nutritional supplement marketed as YUMMI BEARSreg brand
II gummy bear vitamins was introduced to the market in 1997 and has become
enormously popular among consumers as the premier gummy bear vitamin
Heros YUMMI BEARSreg brand vitamins along with Heros other nutraceutical
II products are well-known and respected brands both among consumers retailers
II and within the nutraceutical industry
II II
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9 Hero is the owner of a number of YUMMI trademarks (collectively
II the YUMMI Trademarks) including
US Trademark Reg No Mark Filing Date Class
II 10 In or about August 2009 Hero learned that Defendant Soyummi had
begun marketing advertising and selling fortified food products in the United
States under the name SO YUMMI in the United States Fortified foods are those
II food products that have added food supplements such as vitamins pre- and
II probiotics herbals andor botanicals A true and correct copy of an advertisement
II for the SO YUMMI product is attached hereto as Exhibit A
2330056 YUMMIBEARS 7896 5
2553108 YUMMI 12898 5
2815488 YUMMIBEARS 21302 5
2828289 YUMMIBEARS 82101 5
2832628 YUMMI 21302 5
2860701 YUMMIBlTES 82101 5
2969506 YUMMIBEARS 33004 5
3029876 YUMMIBLAST 111504 5
3137763 YUMMIBLAST 10305 5
3508011 YUMMIBEARS 212208 5
II II Subsequent to discovering that Defendants were offering a product
II identified as SO YUMMI Hero performed an internet search that revealed that the
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II SO YUMMI products were advertised on a website at wwwsoyummifoodscom
II A true and correct copy of a screen print of the wwwsoyummifoodscom home
II page is attached hereto as Exhibit B A true and correct copy of a screen print
II showing the products advertised on the wwwsoyummifoodscom website is
II attached hereto as Exhibit C
12 A whois search of the uS domain name registrar revealed the
II wwwsoyummifoodscom domain is registered to and owned by Soyummi A true
II and correct copy of the uS domain name registrar listing information for
II wwwsoyummifoodscomis attached hereto as Exhibit D
13 In addition to incorporating Heros federally-registered trademark as
II the dominant portion of its SO YUMMI mark Soyummi has adopted a design that
II closely mirrors Heros YUMMI mark As an example Soyummi deliberately
II misspells yummy with a final i instead of a y and places a heart shaped
graphic over it True and correct copies of some of Heros YUMMI Trademarks
and Soyummis SO YUMMI mark are attached hereto as Exhibit E
II 14 Hero has learned that a trademark registration has been issued by the
II United States Patent and Trademark Office (herein USPTO) for the mark
II SOYUMMI Reg No 2919529 in International Class 30 staple foods Fortified
II foods such as those sold by Soyummi under the SO YUMMI mark are properly
II classified as International Class 05 USPTO records indicate that the owner of
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II said mark is Soyummi A true copy of the listing on the USPTO website for the
II mark SOYUMMI is attached hereto as Exhibit F
15 The USPTO on-line system reflects that there has been no recorded
II assignments of the SOYUMMI mark to any other entities
16 On August 142009 Hero sent to Soyummi a letter advising inter
II alia that Hero was the owner of the YUMMI Trademarks that use of the name SO
II YUMMI for a competing product was likely to cause consumer confusion and
II demanding that Soyummi cease and desist use of the name and mark SO YUMMI
II Hero is informed and believes and upon that basis alleges that Soyummi has
II persisted in using the the name SO YUMMI and the mark SOYUMMI in
II commerce to identify its product despite having received Heros cease-and-desist
II letter
First Cause of Action Trademark Infringement
(15SC sect 1114)
17 Hero incorporates by reference paragraphs 1 through 16 inclusive as
II if fully set forth herein
18 Soyummis activities as described herein constitute infringement of
II Heros YUMMI Trademarks in violation of the Lanham Act including but not
II limited to 15 USC sect 1114
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19 Soyummis use ofHeros federally-registered trademarks is likely to
II result in consumer confusion as to source sponsorship ownership or affiliation of
the goods identified by the YUMMI Trademarks
20 Soyummis use of Heros federally-registered trademarks as
described herein was willful and deliberate and intended to trade upon the
II goodwill and reputation appurtenant to Heros YUMMI Trademarks
21 As a result ofSoyummis wrongful conduct Hero has suffered
substantial losses including but not limited to damage to its business reputation
and goodwill Hero is entitled to recover damages which include its losses and all
II profits Defendants have made as a result of their wrongful conduct pursuant to 15
IIUSC sect 11 17(a)
22 In addition because Soyummis infringement of Heros YUMMI
II Trademarks was willful within the meaning of the Lanham Act the award of
II damages and profits should be trebled pursuant to 15 USC sect 1117(b)
Alternatively the award of statutory damages should be enhanced pursuant to 15
USC sect 1117(c)
23 The illegal conduct by Soyummi complained of herein is ongoing and
unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummi wrongful conduct because inter alia (a) Heros YUMMI
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Trademarks are unique and valuable property that have no readily determinable
2 II market value (b) Soyummis infringement constitutes harm to Heros business
3 II reputation and goodwill such that Hero could not be made whole by any monetary
4 II award (c) ifSoyummis wrongful conduct is allowed to continue the public and
5 II relevant market are likely to become further confused mistaken or deceived as to
6 II the source origin or authenticity of the products identified by the infringing mark
7 II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
8 II information and belief on-going
9 24 Hero is also entitled to recover its attorneys fees and costs of suit
10 II pursuant to 15 USc sect 1117
11 Second Cause of Action Counterfeit Trademark
12 ( 15 USC sect 1116)
13 25 Hero incorporates by reference paragraphs 1 through 16 and
14 II paragraphs 18 through 24 inclusive as if fully set forth herein
15 26 Soyummi has applied to their products a spurious designation that is
16 II identical with or substantially indistinguishable from the dominant portion of
17 II Heros federally-registered YUMMI Trademarks Said spurious designation and IS
18 II counterfeit as a matter oflaw pursuant to 15 USC sect 1116(d)(1)(B)(ii)
19 27 Soyummi has sold offered for sale andor distributed goods identified
20 II by said counterfeit mark
21 28 Soyummis conduct as described herein was willful and intentional
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II
29 Soyummis conduct as described herein renders them liable to Hero
II in an amount up to $100000000 per counterfeit mark per type of goods sold
Ilpursuant to 15 USC sect 1117(c)
II
II
Third Cause of Action Federal Unfair Competition
(15 USC sect 1125)
30 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 and paragraphs 26 through 29 inclusive as if fully set forth herein
31 The conduct complained of herein constitutes federal unfair competition
II false designation of origin and common law trademark infringement pursuant to
1115 USC sect 1125(a)
32 As a result of the illegal conduct of Soyummi described herein
II Plaintiffs have been damaged in an amount to be determined
33 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
II market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
II award ( c) if Soyummi s wrongful conduct is allowed to continue the public and
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II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fourth Cause of Action California State Unfair Competition
II (Cal Bus amp Prof Code sect 17200 et seq)
34 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 and paragraphs 31 through 33 inclusive
II as if fully set forth herein
35 The conduct complained of herein constitutes unfair competition
II within the meaning of California Business and Professions Code sect 17200 et seq
36 Soyummi should therefore be required to disgorge all profits obtained
II through its acts of unfair competition
37 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
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II award (c) if Soyummi s wrongful conduct is allowed to continue the public and
II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fifth Cause of Action False and Fraudulent Registration
II (15 USC sect 1120)
38 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 and
II paragraphs 35 through 37 inclusive as iffully set forth herein
39 On information and belief Soyummi filed a declaration with the
II United States Patent and Trademark Office (USPTO) under penalty ofperjury
II attesting inter alia that it was marketing advertising distributing and selling
II products using the name Soyummi a single word pursuant to the SOYUMMI
II trademark registration Soyummi further failed to disclose that it would use these
II marks in connection with fortified foods requiring registration in International
II Class 05
40 Soyummis intent however was to market advertise distribute and
II sell its fortified food products under the name SO YUMMI two separate and
II distinct words one ofwhich is the federally-registered trademark of Hero
II Soyummi was at the time it made its application aware of this intent but
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II nonetheless made the false representations to the USPTO intending that the
II USPTO and its examiners rely on these representations so that Soyummi could
II obtain a United States Trademark Registration confusingly similar to Heros long-
II registered YUMMI Trademarks without the obvious conflict and legal preemption
II being discovered Both the USPTO and Hero relied on Soyummis false
II representations Hero by forbearing the opportunity to oppose the registration whe
II the mark was published for opposition and the USPTO by registering a mark that
II infringes Heros pre-existing YUMMI Trademarks The aforementioned conduct
lion the part of Soyummi constitutes fraud and false registration within the meaning
II of 15 USC sect 1120
41 As a result of said false and fraudulent registration Hero has been
II damaged and is entitled to recover its damages in an amount to be proven at trial
Sixth Cause of Action Cancellation of US Trademark Reg No 2919529
(15 USC sect 1119)
42 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 and paragraphs 39 through 41 inclusive as if fully set forth herein
43 Maintenance of US Trademark Reg No 2919529 in international
II class 30 as the specified goods and services in the registration conflicts with
II Heros rights in its YUMMI Trademarks
III II
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44 As a separate ground for cancellation US Trademark Reg No
112919529 was procured by fraud on the USPTO
45 US Trademark Reg No 2919529 should be cancelled
Seventh Cause of Action Constructive Trust upon Illegal Profits
46 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 paragraphs 39 through 41 and paragraphs 43 through 45 inclusive as
II if fully set forth herein
47 Soyummis conduct constitutes deceptive fraudulent and wrongful
II conduct in the nature of passing off products identified with infringing trademarks
II as approved or authorized by Plaintiff
48 By virtue of Soyummis wrongful conduct Soyummi have illegally
II received money and profits that rightfully belong to Hero
49 Hero is also entitled pursuant to 15 USC sect 1117(a) to recover any
II and all profits of Soyummi that are attributable to their acts of infringement or
II other violations thereof
50 Upon information and belief Soyummi hold the illegally received
II money and profits in the form of bank accounts real property and personal
II property that can be located and traced
1111
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51 Soyummi holds the money and profits that they have illegally
II received as constructive trustees for the benefit of Hero
Eighth Cause of Action Accounting
52 Hero incorporates by reference paragraphs 1 through 16 paragraphs
18 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
through 37 paragraphs 39 through 41 paragraphs 43 through 45 and paragraphs
47 through 51 inclusive as if fully set forth herein
53 Hero is entitled pursuant to 15 USC sect 1117 to recover any and all
profits of Soyummi that are attributable to their acts of infringement or other
violations thereof
54 The amount of money due from Soyummi to Hero is unknown to
Hero and cannot be ascertained without a detailed accounting by Soyummi of the
precise number of units of infringing products offered for distribution andor
distributed by Soyummi
Demand for Jury Trial
Hero hereby demands a trial by jury on all of its claims
Prayer for Relief
Wherefore Plaintiff Hero prays judgment as follows
A Soyummi its officers directors agents servants employees and all
persons in active concert and participation with them shall be enjoined
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II by preliminary and permanent injunction and restrained from in any
manner directly or indirectly using promoting advertising displaying
offering to sell selling or otherwise marketing in the United States any
II products identified with a mark containing the word YUMMI YUMMY
II or any colorable imitation thereof
B Soyummi shall be jointly and severally liable to Hero for all profits
Soyummi has derived from selling any products with the name SO
II YUMMI in the United States in connection with the mark SOYUMMI 0
II a colorable imitation thereof
II C This case shall be deemed an exceptional case and all damages awarded
hereunder shall be trebled in accordance with the provisions of 15 USC
sect 1117
II D All infringing products within Soyummis possession custody or control
II identified as by a name containing the name So Yummi or the mark
II SOYUMMI or any confusingly similar name and any and all advertisin
II andor marketing materials for same shall be delivered up for
impoundment and destruction as the Court directs pursuant to 15 USC
sect 1116
II E Soyummi shall file a report with the Court under oath in accordance with
II 15 USC sect 1116 setting forth the manner and form of their compliance
II with this Courts injunction
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II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
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i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
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MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
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II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
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Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
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1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
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Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
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Introduction
1 This is an action for trademark infringement pursuant to Section 32 of
II the Lanham Act unfair competition pursuant to Section 43a of the Lanham Act
II false and fraudulent registration pursuant to 15 USC sect 1120 cancellation ofa
federally-registered trademark pursuant to 15 USC sect 1119 California state unfair
competition pursuant to CalBusampProf Code sect 17200 et seq a constructive trust
II and an accounting
Parties
2 Plaintiff HERO NUTRlTIONALS LLC (hereafter Hero or
II Plaintiff) is a California corporation with its principal place of business at 991
II Calle Negocio San Clemente California 92673
3 Defendant LES ALIMENTS SOYUMMI INC (hereafter
II Soyummi) is on information and belief a Quebec Canada corporation with its
II principal place of business at 3655 Redpath Street Montreal Quebec H3G 2W8
II Canada On information and belief Soyummi transacts business within the State
II of California including the Central District
4 Plaintiff is unaware of the true names capacities and acts giving rise
II to the liability of defendants Does 1-100 and therefore sues said defendants by
II such fictitious names Plaintiff will amend its Complaint to insert the true names
II of said defendants when their names capacities and acts giving rise to their
II liability become known Plaintiff is informed and believes and thereon alleges that
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II Does 1-100 are responsible in some manner for the events and injuries herein
II alleged
5 Plaintiff is informed and believes and thereon alleges that at all times
II herein mentioned each defendant was the agent and employee of each of the
II remaining defendants and was acting in the scope of his agency and employment
II in doing the acts herein alleged
Jurisdiction and Venue
6 This Court has jurisdiction over the subject matter of this action
pursuant to 28 USC sectsect 2201-2202 and 28 USC sectsect 1331 and 1367
7 Venue of this action lies in this Judicial District pursuant to 28 USC sect
1391
Common Allegations
8 Hero is a manufacturer and distributor of vitamins and nutraceuticals
II throughout the United States and countries throughout the world Heros first and
II flagship product a nutritional supplement marketed as YUMMI BEARSreg brand
II gummy bear vitamins was introduced to the market in 1997 and has become
enormously popular among consumers as the premier gummy bear vitamin
Heros YUMMI BEARSreg brand vitamins along with Heros other nutraceutical
II products are well-known and respected brands both among consumers retailers
II and within the nutraceutical industry
II II
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9 Hero is the owner of a number of YUMMI trademarks (collectively
II the YUMMI Trademarks) including
US Trademark Reg No Mark Filing Date Class
II 10 In or about August 2009 Hero learned that Defendant Soyummi had
begun marketing advertising and selling fortified food products in the United
States under the name SO YUMMI in the United States Fortified foods are those
II food products that have added food supplements such as vitamins pre- and
II probiotics herbals andor botanicals A true and correct copy of an advertisement
II for the SO YUMMI product is attached hereto as Exhibit A
2330056 YUMMIBEARS 7896 5
2553108 YUMMI 12898 5
2815488 YUMMIBEARS 21302 5
2828289 YUMMIBEARS 82101 5
2832628 YUMMI 21302 5
2860701 YUMMIBlTES 82101 5
2969506 YUMMIBEARS 33004 5
3029876 YUMMIBLAST 111504 5
3137763 YUMMIBLAST 10305 5
3508011 YUMMIBEARS 212208 5
II II Subsequent to discovering that Defendants were offering a product
II identified as SO YUMMI Hero performed an internet search that revealed that the
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II SO YUMMI products were advertised on a website at wwwsoyummifoodscom
II A true and correct copy of a screen print of the wwwsoyummifoodscom home
II page is attached hereto as Exhibit B A true and correct copy of a screen print
II showing the products advertised on the wwwsoyummifoodscom website is
II attached hereto as Exhibit C
12 A whois search of the uS domain name registrar revealed the
II wwwsoyummifoodscom domain is registered to and owned by Soyummi A true
II and correct copy of the uS domain name registrar listing information for
II wwwsoyummifoodscomis attached hereto as Exhibit D
13 In addition to incorporating Heros federally-registered trademark as
II the dominant portion of its SO YUMMI mark Soyummi has adopted a design that
II closely mirrors Heros YUMMI mark As an example Soyummi deliberately
II misspells yummy with a final i instead of a y and places a heart shaped
graphic over it True and correct copies of some of Heros YUMMI Trademarks
and Soyummis SO YUMMI mark are attached hereto as Exhibit E
II 14 Hero has learned that a trademark registration has been issued by the
II United States Patent and Trademark Office (herein USPTO) for the mark
II SOYUMMI Reg No 2919529 in International Class 30 staple foods Fortified
II foods such as those sold by Soyummi under the SO YUMMI mark are properly
II classified as International Class 05 USPTO records indicate that the owner of
2111 II
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II said mark is Soyummi A true copy of the listing on the USPTO website for the
II mark SOYUMMI is attached hereto as Exhibit F
15 The USPTO on-line system reflects that there has been no recorded
II assignments of the SOYUMMI mark to any other entities
16 On August 142009 Hero sent to Soyummi a letter advising inter
II alia that Hero was the owner of the YUMMI Trademarks that use of the name SO
II YUMMI for a competing product was likely to cause consumer confusion and
II demanding that Soyummi cease and desist use of the name and mark SO YUMMI
II Hero is informed and believes and upon that basis alleges that Soyummi has
II persisted in using the the name SO YUMMI and the mark SOYUMMI in
II commerce to identify its product despite having received Heros cease-and-desist
II letter
First Cause of Action Trademark Infringement
(15SC sect 1114)
17 Hero incorporates by reference paragraphs 1 through 16 inclusive as
II if fully set forth herein
18 Soyummis activities as described herein constitute infringement of
II Heros YUMMI Trademarks in violation of the Lanham Act including but not
II limited to 15 USC sect 1114
II 1
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19 Soyummis use ofHeros federally-registered trademarks is likely to
II result in consumer confusion as to source sponsorship ownership or affiliation of
the goods identified by the YUMMI Trademarks
20 Soyummis use of Heros federally-registered trademarks as
described herein was willful and deliberate and intended to trade upon the
II goodwill and reputation appurtenant to Heros YUMMI Trademarks
21 As a result ofSoyummis wrongful conduct Hero has suffered
substantial losses including but not limited to damage to its business reputation
and goodwill Hero is entitled to recover damages which include its losses and all
II profits Defendants have made as a result of their wrongful conduct pursuant to 15
IIUSC sect 11 17(a)
22 In addition because Soyummis infringement of Heros YUMMI
II Trademarks was willful within the meaning of the Lanham Act the award of
II damages and profits should be trebled pursuant to 15 USC sect 1117(b)
Alternatively the award of statutory damages should be enhanced pursuant to 15
USC sect 1117(c)
23 The illegal conduct by Soyummi complained of herein is ongoing and
unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummi wrongful conduct because inter alia (a) Heros YUMMI
7
Trademarks are unique and valuable property that have no readily determinable
2 II market value (b) Soyummis infringement constitutes harm to Heros business
3 II reputation and goodwill such that Hero could not be made whole by any monetary
4 II award (c) ifSoyummis wrongful conduct is allowed to continue the public and
5 II relevant market are likely to become further confused mistaken or deceived as to
6 II the source origin or authenticity of the products identified by the infringing mark
7 II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
8 II information and belief on-going
9 24 Hero is also entitled to recover its attorneys fees and costs of suit
10 II pursuant to 15 USc sect 1117
11 Second Cause of Action Counterfeit Trademark
12 ( 15 USC sect 1116)
13 25 Hero incorporates by reference paragraphs 1 through 16 and
14 II paragraphs 18 through 24 inclusive as if fully set forth herein
15 26 Soyummi has applied to their products a spurious designation that is
16 II identical with or substantially indistinguishable from the dominant portion of
17 II Heros federally-registered YUMMI Trademarks Said spurious designation and IS
18 II counterfeit as a matter oflaw pursuant to 15 USC sect 1116(d)(1)(B)(ii)
19 27 Soyummi has sold offered for sale andor distributed goods identified
20 II by said counterfeit mark
21 28 Soyummis conduct as described herein was willful and intentional
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II
29 Soyummis conduct as described herein renders them liable to Hero
II in an amount up to $100000000 per counterfeit mark per type of goods sold
Ilpursuant to 15 USC sect 1117(c)
II
II
Third Cause of Action Federal Unfair Competition
(15 USC sect 1125)
30 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 and paragraphs 26 through 29 inclusive as if fully set forth herein
31 The conduct complained of herein constitutes federal unfair competition
II false designation of origin and common law trademark infringement pursuant to
1115 USC sect 1125(a)
32 As a result of the illegal conduct of Soyummi described herein
II Plaintiffs have been damaged in an amount to be determined
33 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
II market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
II award ( c) if Soyummi s wrongful conduct is allowed to continue the public and
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II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fourth Cause of Action California State Unfair Competition
II (Cal Bus amp Prof Code sect 17200 et seq)
34 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 and paragraphs 31 through 33 inclusive
II as if fully set forth herein
35 The conduct complained of herein constitutes unfair competition
II within the meaning of California Business and Professions Code sect 17200 et seq
36 Soyummi should therefore be required to disgorge all profits obtained
II through its acts of unfair competition
37 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
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II award (c) if Soyummi s wrongful conduct is allowed to continue the public and
II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fifth Cause of Action False and Fraudulent Registration
II (15 USC sect 1120)
38 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 and
II paragraphs 35 through 37 inclusive as iffully set forth herein
39 On information and belief Soyummi filed a declaration with the
II United States Patent and Trademark Office (USPTO) under penalty ofperjury
II attesting inter alia that it was marketing advertising distributing and selling
II products using the name Soyummi a single word pursuant to the SOYUMMI
II trademark registration Soyummi further failed to disclose that it would use these
II marks in connection with fortified foods requiring registration in International
II Class 05
40 Soyummis intent however was to market advertise distribute and
II sell its fortified food products under the name SO YUMMI two separate and
II distinct words one ofwhich is the federally-registered trademark of Hero
II Soyummi was at the time it made its application aware of this intent but
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II nonetheless made the false representations to the USPTO intending that the
II USPTO and its examiners rely on these representations so that Soyummi could
II obtain a United States Trademark Registration confusingly similar to Heros long-
II registered YUMMI Trademarks without the obvious conflict and legal preemption
II being discovered Both the USPTO and Hero relied on Soyummis false
II representations Hero by forbearing the opportunity to oppose the registration whe
II the mark was published for opposition and the USPTO by registering a mark that
II infringes Heros pre-existing YUMMI Trademarks The aforementioned conduct
lion the part of Soyummi constitutes fraud and false registration within the meaning
II of 15 USC sect 1120
41 As a result of said false and fraudulent registration Hero has been
II damaged and is entitled to recover its damages in an amount to be proven at trial
Sixth Cause of Action Cancellation of US Trademark Reg No 2919529
(15 USC sect 1119)
42 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 and paragraphs 39 through 41 inclusive as if fully set forth herein
43 Maintenance of US Trademark Reg No 2919529 in international
II class 30 as the specified goods and services in the registration conflicts with
II Heros rights in its YUMMI Trademarks
III II
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44 As a separate ground for cancellation US Trademark Reg No
112919529 was procured by fraud on the USPTO
45 US Trademark Reg No 2919529 should be cancelled
Seventh Cause of Action Constructive Trust upon Illegal Profits
46 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 paragraphs 39 through 41 and paragraphs 43 through 45 inclusive as
II if fully set forth herein
47 Soyummis conduct constitutes deceptive fraudulent and wrongful
II conduct in the nature of passing off products identified with infringing trademarks
II as approved or authorized by Plaintiff
48 By virtue of Soyummis wrongful conduct Soyummi have illegally
II received money and profits that rightfully belong to Hero
49 Hero is also entitled pursuant to 15 USC sect 1117(a) to recover any
II and all profits of Soyummi that are attributable to their acts of infringement or
II other violations thereof
50 Upon information and belief Soyummi hold the illegally received
II money and profits in the form of bank accounts real property and personal
II property that can be located and traced
1111
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51 Soyummi holds the money and profits that they have illegally
II received as constructive trustees for the benefit of Hero
Eighth Cause of Action Accounting
52 Hero incorporates by reference paragraphs 1 through 16 paragraphs
18 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
through 37 paragraphs 39 through 41 paragraphs 43 through 45 and paragraphs
47 through 51 inclusive as if fully set forth herein
53 Hero is entitled pursuant to 15 USC sect 1117 to recover any and all
profits of Soyummi that are attributable to their acts of infringement or other
violations thereof
54 The amount of money due from Soyummi to Hero is unknown to
Hero and cannot be ascertained without a detailed accounting by Soyummi of the
precise number of units of infringing products offered for distribution andor
distributed by Soyummi
Demand for Jury Trial
Hero hereby demands a trial by jury on all of its claims
Prayer for Relief
Wherefore Plaintiff Hero prays judgment as follows
A Soyummi its officers directors agents servants employees and all
persons in active concert and participation with them shall be enjoined
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II by preliminary and permanent injunction and restrained from in any
manner directly or indirectly using promoting advertising displaying
offering to sell selling or otherwise marketing in the United States any
II products identified with a mark containing the word YUMMI YUMMY
II or any colorable imitation thereof
B Soyummi shall be jointly and severally liable to Hero for all profits
Soyummi has derived from selling any products with the name SO
II YUMMI in the United States in connection with the mark SOYUMMI 0
II a colorable imitation thereof
II C This case shall be deemed an exceptional case and all damages awarded
hereunder shall be trebled in accordance with the provisions of 15 USC
sect 1117
II D All infringing products within Soyummis possession custody or control
II identified as by a name containing the name So Yummi or the mark
II SOYUMMI or any confusingly similar name and any and all advertisin
II andor marketing materials for same shall be delivered up for
impoundment and destruction as the Court directs pursuant to 15 USC
sect 1116
II E Soyummi shall file a report with the Court under oath in accordance with
II 15 USC sect 1116 setting forth the manner and form of their compliance
II with this Courts injunction
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II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
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i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
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MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
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II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
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Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
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~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
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TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
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Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
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II Does 1-100 are responsible in some manner for the events and injuries herein
II alleged
5 Plaintiff is informed and believes and thereon alleges that at all times
II herein mentioned each defendant was the agent and employee of each of the
II remaining defendants and was acting in the scope of his agency and employment
II in doing the acts herein alleged
Jurisdiction and Venue
6 This Court has jurisdiction over the subject matter of this action
pursuant to 28 USC sectsect 2201-2202 and 28 USC sectsect 1331 and 1367
7 Venue of this action lies in this Judicial District pursuant to 28 USC sect
1391
Common Allegations
8 Hero is a manufacturer and distributor of vitamins and nutraceuticals
II throughout the United States and countries throughout the world Heros first and
II flagship product a nutritional supplement marketed as YUMMI BEARSreg brand
II gummy bear vitamins was introduced to the market in 1997 and has become
enormously popular among consumers as the premier gummy bear vitamin
Heros YUMMI BEARSreg brand vitamins along with Heros other nutraceutical
II products are well-known and respected brands both among consumers retailers
II and within the nutraceutical industry
II II
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9 Hero is the owner of a number of YUMMI trademarks (collectively
II the YUMMI Trademarks) including
US Trademark Reg No Mark Filing Date Class
II 10 In or about August 2009 Hero learned that Defendant Soyummi had
begun marketing advertising and selling fortified food products in the United
States under the name SO YUMMI in the United States Fortified foods are those
II food products that have added food supplements such as vitamins pre- and
II probiotics herbals andor botanicals A true and correct copy of an advertisement
II for the SO YUMMI product is attached hereto as Exhibit A
2330056 YUMMIBEARS 7896 5
2553108 YUMMI 12898 5
2815488 YUMMIBEARS 21302 5
2828289 YUMMIBEARS 82101 5
2832628 YUMMI 21302 5
2860701 YUMMIBlTES 82101 5
2969506 YUMMIBEARS 33004 5
3029876 YUMMIBLAST 111504 5
3137763 YUMMIBLAST 10305 5
3508011 YUMMIBEARS 212208 5
II II Subsequent to discovering that Defendants were offering a product
II identified as SO YUMMI Hero performed an internet search that revealed that the
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II SO YUMMI products were advertised on a website at wwwsoyummifoodscom
II A true and correct copy of a screen print of the wwwsoyummifoodscom home
II page is attached hereto as Exhibit B A true and correct copy of a screen print
II showing the products advertised on the wwwsoyummifoodscom website is
II attached hereto as Exhibit C
12 A whois search of the uS domain name registrar revealed the
II wwwsoyummifoodscom domain is registered to and owned by Soyummi A true
II and correct copy of the uS domain name registrar listing information for
II wwwsoyummifoodscomis attached hereto as Exhibit D
13 In addition to incorporating Heros federally-registered trademark as
II the dominant portion of its SO YUMMI mark Soyummi has adopted a design that
II closely mirrors Heros YUMMI mark As an example Soyummi deliberately
II misspells yummy with a final i instead of a y and places a heart shaped
graphic over it True and correct copies of some of Heros YUMMI Trademarks
and Soyummis SO YUMMI mark are attached hereto as Exhibit E
II 14 Hero has learned that a trademark registration has been issued by the
II United States Patent and Trademark Office (herein USPTO) for the mark
II SOYUMMI Reg No 2919529 in International Class 30 staple foods Fortified
II foods such as those sold by Soyummi under the SO YUMMI mark are properly
II classified as International Class 05 USPTO records indicate that the owner of
2111 II
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II said mark is Soyummi A true copy of the listing on the USPTO website for the
II mark SOYUMMI is attached hereto as Exhibit F
15 The USPTO on-line system reflects that there has been no recorded
II assignments of the SOYUMMI mark to any other entities
16 On August 142009 Hero sent to Soyummi a letter advising inter
II alia that Hero was the owner of the YUMMI Trademarks that use of the name SO
II YUMMI for a competing product was likely to cause consumer confusion and
II demanding that Soyummi cease and desist use of the name and mark SO YUMMI
II Hero is informed and believes and upon that basis alleges that Soyummi has
II persisted in using the the name SO YUMMI and the mark SOYUMMI in
II commerce to identify its product despite having received Heros cease-and-desist
II letter
First Cause of Action Trademark Infringement
(15SC sect 1114)
17 Hero incorporates by reference paragraphs 1 through 16 inclusive as
II if fully set forth herein
18 Soyummis activities as described herein constitute infringement of
II Heros YUMMI Trademarks in violation of the Lanham Act including but not
II limited to 15 USC sect 1114
II 1
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19 Soyummis use ofHeros federally-registered trademarks is likely to
II result in consumer confusion as to source sponsorship ownership or affiliation of
the goods identified by the YUMMI Trademarks
20 Soyummis use of Heros federally-registered trademarks as
described herein was willful and deliberate and intended to trade upon the
II goodwill and reputation appurtenant to Heros YUMMI Trademarks
21 As a result ofSoyummis wrongful conduct Hero has suffered
substantial losses including but not limited to damage to its business reputation
and goodwill Hero is entitled to recover damages which include its losses and all
II profits Defendants have made as a result of their wrongful conduct pursuant to 15
IIUSC sect 11 17(a)
22 In addition because Soyummis infringement of Heros YUMMI
II Trademarks was willful within the meaning of the Lanham Act the award of
II damages and profits should be trebled pursuant to 15 USC sect 1117(b)
Alternatively the award of statutory damages should be enhanced pursuant to 15
USC sect 1117(c)
23 The illegal conduct by Soyummi complained of herein is ongoing and
unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummi wrongful conduct because inter alia (a) Heros YUMMI
7
Trademarks are unique and valuable property that have no readily determinable
2 II market value (b) Soyummis infringement constitutes harm to Heros business
3 II reputation and goodwill such that Hero could not be made whole by any monetary
4 II award (c) ifSoyummis wrongful conduct is allowed to continue the public and
5 II relevant market are likely to become further confused mistaken or deceived as to
6 II the source origin or authenticity of the products identified by the infringing mark
7 II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
8 II information and belief on-going
9 24 Hero is also entitled to recover its attorneys fees and costs of suit
10 II pursuant to 15 USc sect 1117
11 Second Cause of Action Counterfeit Trademark
12 ( 15 USC sect 1116)
13 25 Hero incorporates by reference paragraphs 1 through 16 and
14 II paragraphs 18 through 24 inclusive as if fully set forth herein
15 26 Soyummi has applied to their products a spurious designation that is
16 II identical with or substantially indistinguishable from the dominant portion of
17 II Heros federally-registered YUMMI Trademarks Said spurious designation and IS
18 II counterfeit as a matter oflaw pursuant to 15 USC sect 1116(d)(1)(B)(ii)
19 27 Soyummi has sold offered for sale andor distributed goods identified
20 II by said counterfeit mark
21 28 Soyummis conduct as described herein was willful and intentional
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29 Soyummis conduct as described herein renders them liable to Hero
II in an amount up to $100000000 per counterfeit mark per type of goods sold
Ilpursuant to 15 USC sect 1117(c)
II
II
Third Cause of Action Federal Unfair Competition
(15 USC sect 1125)
30 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 and paragraphs 26 through 29 inclusive as if fully set forth herein
31 The conduct complained of herein constitutes federal unfair competition
II false designation of origin and common law trademark infringement pursuant to
1115 USC sect 1125(a)
32 As a result of the illegal conduct of Soyummi described herein
II Plaintiffs have been damaged in an amount to be determined
33 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
II market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
II award ( c) if Soyummi s wrongful conduct is allowed to continue the public and
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II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fourth Cause of Action California State Unfair Competition
II (Cal Bus amp Prof Code sect 17200 et seq)
34 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 and paragraphs 31 through 33 inclusive
II as if fully set forth herein
35 The conduct complained of herein constitutes unfair competition
II within the meaning of California Business and Professions Code sect 17200 et seq
36 Soyummi should therefore be required to disgorge all profits obtained
II through its acts of unfair competition
37 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
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II award (c) if Soyummi s wrongful conduct is allowed to continue the public and
II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fifth Cause of Action False and Fraudulent Registration
II (15 USC sect 1120)
38 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 and
II paragraphs 35 through 37 inclusive as iffully set forth herein
39 On information and belief Soyummi filed a declaration with the
II United States Patent and Trademark Office (USPTO) under penalty ofperjury
II attesting inter alia that it was marketing advertising distributing and selling
II products using the name Soyummi a single word pursuant to the SOYUMMI
II trademark registration Soyummi further failed to disclose that it would use these
II marks in connection with fortified foods requiring registration in International
II Class 05
40 Soyummis intent however was to market advertise distribute and
II sell its fortified food products under the name SO YUMMI two separate and
II distinct words one ofwhich is the federally-registered trademark of Hero
II Soyummi was at the time it made its application aware of this intent but
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II nonetheless made the false representations to the USPTO intending that the
II USPTO and its examiners rely on these representations so that Soyummi could
II obtain a United States Trademark Registration confusingly similar to Heros long-
II registered YUMMI Trademarks without the obvious conflict and legal preemption
II being discovered Both the USPTO and Hero relied on Soyummis false
II representations Hero by forbearing the opportunity to oppose the registration whe
II the mark was published for opposition and the USPTO by registering a mark that
II infringes Heros pre-existing YUMMI Trademarks The aforementioned conduct
lion the part of Soyummi constitutes fraud and false registration within the meaning
II of 15 USC sect 1120
41 As a result of said false and fraudulent registration Hero has been
II damaged and is entitled to recover its damages in an amount to be proven at trial
Sixth Cause of Action Cancellation of US Trademark Reg No 2919529
(15 USC sect 1119)
42 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 and paragraphs 39 through 41 inclusive as if fully set forth herein
43 Maintenance of US Trademark Reg No 2919529 in international
II class 30 as the specified goods and services in the registration conflicts with
II Heros rights in its YUMMI Trademarks
III II
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44 As a separate ground for cancellation US Trademark Reg No
112919529 was procured by fraud on the USPTO
45 US Trademark Reg No 2919529 should be cancelled
Seventh Cause of Action Constructive Trust upon Illegal Profits
46 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 paragraphs 39 through 41 and paragraphs 43 through 45 inclusive as
II if fully set forth herein
47 Soyummis conduct constitutes deceptive fraudulent and wrongful
II conduct in the nature of passing off products identified with infringing trademarks
II as approved or authorized by Plaintiff
48 By virtue of Soyummis wrongful conduct Soyummi have illegally
II received money and profits that rightfully belong to Hero
49 Hero is also entitled pursuant to 15 USC sect 1117(a) to recover any
II and all profits of Soyummi that are attributable to their acts of infringement or
II other violations thereof
50 Upon information and belief Soyummi hold the illegally received
II money and profits in the form of bank accounts real property and personal
II property that can be located and traced
1111
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51 Soyummi holds the money and profits that they have illegally
II received as constructive trustees for the benefit of Hero
Eighth Cause of Action Accounting
52 Hero incorporates by reference paragraphs 1 through 16 paragraphs
18 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
through 37 paragraphs 39 through 41 paragraphs 43 through 45 and paragraphs
47 through 51 inclusive as if fully set forth herein
53 Hero is entitled pursuant to 15 USC sect 1117 to recover any and all
profits of Soyummi that are attributable to their acts of infringement or other
violations thereof
54 The amount of money due from Soyummi to Hero is unknown to
Hero and cannot be ascertained without a detailed accounting by Soyummi of the
precise number of units of infringing products offered for distribution andor
distributed by Soyummi
Demand for Jury Trial
Hero hereby demands a trial by jury on all of its claims
Prayer for Relief
Wherefore Plaintiff Hero prays judgment as follows
A Soyummi its officers directors agents servants employees and all
persons in active concert and participation with them shall be enjoined
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II by preliminary and permanent injunction and restrained from in any
manner directly or indirectly using promoting advertising displaying
offering to sell selling or otherwise marketing in the United States any
II products identified with a mark containing the word YUMMI YUMMY
II or any colorable imitation thereof
B Soyummi shall be jointly and severally liable to Hero for all profits
Soyummi has derived from selling any products with the name SO
II YUMMI in the United States in connection with the mark SOYUMMI 0
II a colorable imitation thereof
II C This case shall be deemed an exceptional case and all damages awarded
hereunder shall be trebled in accordance with the provisions of 15 USC
sect 1117
II D All infringing products within Soyummis possession custody or control
II identified as by a name containing the name So Yummi or the mark
II SOYUMMI or any confusingly similar name and any and all advertisin
II andor marketing materials for same shall be delivered up for
impoundment and destruction as the Court directs pursuant to 15 USC
sect 1116
II E Soyummi shall file a report with the Court under oath in accordance with
II 15 USC sect 1116 setting forth the manner and form of their compliance
II with this Courts injunction
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II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
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i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
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MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
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II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
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Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
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1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
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Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
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9 Hero is the owner of a number of YUMMI trademarks (collectively
II the YUMMI Trademarks) including
US Trademark Reg No Mark Filing Date Class
II 10 In or about August 2009 Hero learned that Defendant Soyummi had
begun marketing advertising and selling fortified food products in the United
States under the name SO YUMMI in the United States Fortified foods are those
II food products that have added food supplements such as vitamins pre- and
II probiotics herbals andor botanicals A true and correct copy of an advertisement
II for the SO YUMMI product is attached hereto as Exhibit A
2330056 YUMMIBEARS 7896 5
2553108 YUMMI 12898 5
2815488 YUMMIBEARS 21302 5
2828289 YUMMIBEARS 82101 5
2832628 YUMMI 21302 5
2860701 YUMMIBlTES 82101 5
2969506 YUMMIBEARS 33004 5
3029876 YUMMIBLAST 111504 5
3137763 YUMMIBLAST 10305 5
3508011 YUMMIBEARS 212208 5
II II Subsequent to discovering that Defendants were offering a product
II identified as SO YUMMI Hero performed an internet search that revealed that the
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II SO YUMMI products were advertised on a website at wwwsoyummifoodscom
II A true and correct copy of a screen print of the wwwsoyummifoodscom home
II page is attached hereto as Exhibit B A true and correct copy of a screen print
II showing the products advertised on the wwwsoyummifoodscom website is
II attached hereto as Exhibit C
12 A whois search of the uS domain name registrar revealed the
II wwwsoyummifoodscom domain is registered to and owned by Soyummi A true
II and correct copy of the uS domain name registrar listing information for
II wwwsoyummifoodscomis attached hereto as Exhibit D
13 In addition to incorporating Heros federally-registered trademark as
II the dominant portion of its SO YUMMI mark Soyummi has adopted a design that
II closely mirrors Heros YUMMI mark As an example Soyummi deliberately
II misspells yummy with a final i instead of a y and places a heart shaped
graphic over it True and correct copies of some of Heros YUMMI Trademarks
and Soyummis SO YUMMI mark are attached hereto as Exhibit E
II 14 Hero has learned that a trademark registration has been issued by the
II United States Patent and Trademark Office (herein USPTO) for the mark
II SOYUMMI Reg No 2919529 in International Class 30 staple foods Fortified
II foods such as those sold by Soyummi under the SO YUMMI mark are properly
II classified as International Class 05 USPTO records indicate that the owner of
2111 II
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II said mark is Soyummi A true copy of the listing on the USPTO website for the
II mark SOYUMMI is attached hereto as Exhibit F
15 The USPTO on-line system reflects that there has been no recorded
II assignments of the SOYUMMI mark to any other entities
16 On August 142009 Hero sent to Soyummi a letter advising inter
II alia that Hero was the owner of the YUMMI Trademarks that use of the name SO
II YUMMI for a competing product was likely to cause consumer confusion and
II demanding that Soyummi cease and desist use of the name and mark SO YUMMI
II Hero is informed and believes and upon that basis alleges that Soyummi has
II persisted in using the the name SO YUMMI and the mark SOYUMMI in
II commerce to identify its product despite having received Heros cease-and-desist
II letter
First Cause of Action Trademark Infringement
(15SC sect 1114)
17 Hero incorporates by reference paragraphs 1 through 16 inclusive as
II if fully set forth herein
18 Soyummis activities as described herein constitute infringement of
II Heros YUMMI Trademarks in violation of the Lanham Act including but not
II limited to 15 USC sect 1114
II 1
2111 1
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19 Soyummis use ofHeros federally-registered trademarks is likely to
II result in consumer confusion as to source sponsorship ownership or affiliation of
the goods identified by the YUMMI Trademarks
20 Soyummis use of Heros federally-registered trademarks as
described herein was willful and deliberate and intended to trade upon the
II goodwill and reputation appurtenant to Heros YUMMI Trademarks
21 As a result ofSoyummis wrongful conduct Hero has suffered
substantial losses including but not limited to damage to its business reputation
and goodwill Hero is entitled to recover damages which include its losses and all
II profits Defendants have made as a result of their wrongful conduct pursuant to 15
IIUSC sect 11 17(a)
22 In addition because Soyummis infringement of Heros YUMMI
II Trademarks was willful within the meaning of the Lanham Act the award of
II damages and profits should be trebled pursuant to 15 USC sect 1117(b)
Alternatively the award of statutory damages should be enhanced pursuant to 15
USC sect 1117(c)
23 The illegal conduct by Soyummi complained of herein is ongoing and
unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummi wrongful conduct because inter alia (a) Heros YUMMI
7
Trademarks are unique and valuable property that have no readily determinable
2 II market value (b) Soyummis infringement constitutes harm to Heros business
3 II reputation and goodwill such that Hero could not be made whole by any monetary
4 II award (c) ifSoyummis wrongful conduct is allowed to continue the public and
5 II relevant market are likely to become further confused mistaken or deceived as to
6 II the source origin or authenticity of the products identified by the infringing mark
7 II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
8 II information and belief on-going
9 24 Hero is also entitled to recover its attorneys fees and costs of suit
10 II pursuant to 15 USc sect 1117
11 Second Cause of Action Counterfeit Trademark
12 ( 15 USC sect 1116)
13 25 Hero incorporates by reference paragraphs 1 through 16 and
14 II paragraphs 18 through 24 inclusive as if fully set forth herein
15 26 Soyummi has applied to their products a spurious designation that is
16 II identical with or substantially indistinguishable from the dominant portion of
17 II Heros federally-registered YUMMI Trademarks Said spurious designation and IS
18 II counterfeit as a matter oflaw pursuant to 15 USC sect 1116(d)(1)(B)(ii)
19 27 Soyummi has sold offered for sale andor distributed goods identified
20 II by said counterfeit mark
21 28 Soyummis conduct as described herein was willful and intentional
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II
29 Soyummis conduct as described herein renders them liable to Hero
II in an amount up to $100000000 per counterfeit mark per type of goods sold
Ilpursuant to 15 USC sect 1117(c)
II
II
Third Cause of Action Federal Unfair Competition
(15 USC sect 1125)
30 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 and paragraphs 26 through 29 inclusive as if fully set forth herein
31 The conduct complained of herein constitutes federal unfair competition
II false designation of origin and common law trademark infringement pursuant to
1115 USC sect 1125(a)
32 As a result of the illegal conduct of Soyummi described herein
II Plaintiffs have been damaged in an amount to be determined
33 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
II market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
II award ( c) if Soyummi s wrongful conduct is allowed to continue the public and
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II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fourth Cause of Action California State Unfair Competition
II (Cal Bus amp Prof Code sect 17200 et seq)
34 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 and paragraphs 31 through 33 inclusive
II as if fully set forth herein
35 The conduct complained of herein constitutes unfair competition
II within the meaning of California Business and Professions Code sect 17200 et seq
36 Soyummi should therefore be required to disgorge all profits obtained
II through its acts of unfair competition
37 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
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II award (c) if Soyummi s wrongful conduct is allowed to continue the public and
II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fifth Cause of Action False and Fraudulent Registration
II (15 USC sect 1120)
38 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 and
II paragraphs 35 through 37 inclusive as iffully set forth herein
39 On information and belief Soyummi filed a declaration with the
II United States Patent and Trademark Office (USPTO) under penalty ofperjury
II attesting inter alia that it was marketing advertising distributing and selling
II products using the name Soyummi a single word pursuant to the SOYUMMI
II trademark registration Soyummi further failed to disclose that it would use these
II marks in connection with fortified foods requiring registration in International
II Class 05
40 Soyummis intent however was to market advertise distribute and
II sell its fortified food products under the name SO YUMMI two separate and
II distinct words one ofwhich is the federally-registered trademark of Hero
II Soyummi was at the time it made its application aware of this intent but
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II nonetheless made the false representations to the USPTO intending that the
II USPTO and its examiners rely on these representations so that Soyummi could
II obtain a United States Trademark Registration confusingly similar to Heros long-
II registered YUMMI Trademarks without the obvious conflict and legal preemption
II being discovered Both the USPTO and Hero relied on Soyummis false
II representations Hero by forbearing the opportunity to oppose the registration whe
II the mark was published for opposition and the USPTO by registering a mark that
II infringes Heros pre-existing YUMMI Trademarks The aforementioned conduct
lion the part of Soyummi constitutes fraud and false registration within the meaning
II of 15 USC sect 1120
41 As a result of said false and fraudulent registration Hero has been
II damaged and is entitled to recover its damages in an amount to be proven at trial
Sixth Cause of Action Cancellation of US Trademark Reg No 2919529
(15 USC sect 1119)
42 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 and paragraphs 39 through 41 inclusive as if fully set forth herein
43 Maintenance of US Trademark Reg No 2919529 in international
II class 30 as the specified goods and services in the registration conflicts with
II Heros rights in its YUMMI Trademarks
III II
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44 As a separate ground for cancellation US Trademark Reg No
112919529 was procured by fraud on the USPTO
45 US Trademark Reg No 2919529 should be cancelled
Seventh Cause of Action Constructive Trust upon Illegal Profits
46 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 paragraphs 39 through 41 and paragraphs 43 through 45 inclusive as
II if fully set forth herein
47 Soyummis conduct constitutes deceptive fraudulent and wrongful
II conduct in the nature of passing off products identified with infringing trademarks
II as approved or authorized by Plaintiff
48 By virtue of Soyummis wrongful conduct Soyummi have illegally
II received money and profits that rightfully belong to Hero
49 Hero is also entitled pursuant to 15 USC sect 1117(a) to recover any
II and all profits of Soyummi that are attributable to their acts of infringement or
II other violations thereof
50 Upon information and belief Soyummi hold the illegally received
II money and profits in the form of bank accounts real property and personal
II property that can be located and traced
1111
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51 Soyummi holds the money and profits that they have illegally
II received as constructive trustees for the benefit of Hero
Eighth Cause of Action Accounting
52 Hero incorporates by reference paragraphs 1 through 16 paragraphs
18 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
through 37 paragraphs 39 through 41 paragraphs 43 through 45 and paragraphs
47 through 51 inclusive as if fully set forth herein
53 Hero is entitled pursuant to 15 USC sect 1117 to recover any and all
profits of Soyummi that are attributable to their acts of infringement or other
violations thereof
54 The amount of money due from Soyummi to Hero is unknown to
Hero and cannot be ascertained without a detailed accounting by Soyummi of the
precise number of units of infringing products offered for distribution andor
distributed by Soyummi
Demand for Jury Trial
Hero hereby demands a trial by jury on all of its claims
Prayer for Relief
Wherefore Plaintiff Hero prays judgment as follows
A Soyummi its officers directors agents servants employees and all
persons in active concert and participation with them shall be enjoined
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II by preliminary and permanent injunction and restrained from in any
manner directly or indirectly using promoting advertising displaying
offering to sell selling or otherwise marketing in the United States any
II products identified with a mark containing the word YUMMI YUMMY
II or any colorable imitation thereof
B Soyummi shall be jointly and severally liable to Hero for all profits
Soyummi has derived from selling any products with the name SO
II YUMMI in the United States in connection with the mark SOYUMMI 0
II a colorable imitation thereof
II C This case shall be deemed an exceptional case and all damages awarded
hereunder shall be trebled in accordance with the provisions of 15 USC
sect 1117
II D All infringing products within Soyummis possession custody or control
II identified as by a name containing the name So Yummi or the mark
II SOYUMMI or any confusingly similar name and any and all advertisin
II andor marketing materials for same shall be delivered up for
impoundment and destruction as the Court directs pursuant to 15 USC
sect 1116
II E Soyummi shall file a report with the Court under oath in accordance with
II 15 USC sect 1116 setting forth the manner and form of their compliance
II with this Courts injunction
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II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
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MEMBERS
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Exhibit B
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II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
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Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
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Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
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II SO YUMMI products were advertised on a website at wwwsoyummifoodscom
II A true and correct copy of a screen print of the wwwsoyummifoodscom home
II page is attached hereto as Exhibit B A true and correct copy of a screen print
II showing the products advertised on the wwwsoyummifoodscom website is
II attached hereto as Exhibit C
12 A whois search of the uS domain name registrar revealed the
II wwwsoyummifoodscom domain is registered to and owned by Soyummi A true
II and correct copy of the uS domain name registrar listing information for
II wwwsoyummifoodscomis attached hereto as Exhibit D
13 In addition to incorporating Heros federally-registered trademark as
II the dominant portion of its SO YUMMI mark Soyummi has adopted a design that
II closely mirrors Heros YUMMI mark As an example Soyummi deliberately
II misspells yummy with a final i instead of a y and places a heart shaped
graphic over it True and correct copies of some of Heros YUMMI Trademarks
and Soyummis SO YUMMI mark are attached hereto as Exhibit E
II 14 Hero has learned that a trademark registration has been issued by the
II United States Patent and Trademark Office (herein USPTO) for the mark
II SOYUMMI Reg No 2919529 in International Class 30 staple foods Fortified
II foods such as those sold by Soyummi under the SO YUMMI mark are properly
II classified as International Class 05 USPTO records indicate that the owner of
2111 II
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II said mark is Soyummi A true copy of the listing on the USPTO website for the
II mark SOYUMMI is attached hereto as Exhibit F
15 The USPTO on-line system reflects that there has been no recorded
II assignments of the SOYUMMI mark to any other entities
16 On August 142009 Hero sent to Soyummi a letter advising inter
II alia that Hero was the owner of the YUMMI Trademarks that use of the name SO
II YUMMI for a competing product was likely to cause consumer confusion and
II demanding that Soyummi cease and desist use of the name and mark SO YUMMI
II Hero is informed and believes and upon that basis alleges that Soyummi has
II persisted in using the the name SO YUMMI and the mark SOYUMMI in
II commerce to identify its product despite having received Heros cease-and-desist
II letter
First Cause of Action Trademark Infringement
(15SC sect 1114)
17 Hero incorporates by reference paragraphs 1 through 16 inclusive as
II if fully set forth herein
18 Soyummis activities as described herein constitute infringement of
II Heros YUMMI Trademarks in violation of the Lanham Act including but not
II limited to 15 USC sect 1114
II 1
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19 Soyummis use ofHeros federally-registered trademarks is likely to
II result in consumer confusion as to source sponsorship ownership or affiliation of
the goods identified by the YUMMI Trademarks
20 Soyummis use of Heros federally-registered trademarks as
described herein was willful and deliberate and intended to trade upon the
II goodwill and reputation appurtenant to Heros YUMMI Trademarks
21 As a result ofSoyummis wrongful conduct Hero has suffered
substantial losses including but not limited to damage to its business reputation
and goodwill Hero is entitled to recover damages which include its losses and all
II profits Defendants have made as a result of their wrongful conduct pursuant to 15
IIUSC sect 11 17(a)
22 In addition because Soyummis infringement of Heros YUMMI
II Trademarks was willful within the meaning of the Lanham Act the award of
II damages and profits should be trebled pursuant to 15 USC sect 1117(b)
Alternatively the award of statutory damages should be enhanced pursuant to 15
USC sect 1117(c)
23 The illegal conduct by Soyummi complained of herein is ongoing and
unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummi wrongful conduct because inter alia (a) Heros YUMMI
7
Trademarks are unique and valuable property that have no readily determinable
2 II market value (b) Soyummis infringement constitutes harm to Heros business
3 II reputation and goodwill such that Hero could not be made whole by any monetary
4 II award (c) ifSoyummis wrongful conduct is allowed to continue the public and
5 II relevant market are likely to become further confused mistaken or deceived as to
6 II the source origin or authenticity of the products identified by the infringing mark
7 II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
8 II information and belief on-going
9 24 Hero is also entitled to recover its attorneys fees and costs of suit
10 II pursuant to 15 USc sect 1117
11 Second Cause of Action Counterfeit Trademark
12 ( 15 USC sect 1116)
13 25 Hero incorporates by reference paragraphs 1 through 16 and
14 II paragraphs 18 through 24 inclusive as if fully set forth herein
15 26 Soyummi has applied to their products a spurious designation that is
16 II identical with or substantially indistinguishable from the dominant portion of
17 II Heros federally-registered YUMMI Trademarks Said spurious designation and IS
18 II counterfeit as a matter oflaw pursuant to 15 USC sect 1116(d)(1)(B)(ii)
19 27 Soyummi has sold offered for sale andor distributed goods identified
20 II by said counterfeit mark
21 28 Soyummis conduct as described herein was willful and intentional
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II
29 Soyummis conduct as described herein renders them liable to Hero
II in an amount up to $100000000 per counterfeit mark per type of goods sold
Ilpursuant to 15 USC sect 1117(c)
II
II
Third Cause of Action Federal Unfair Competition
(15 USC sect 1125)
30 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 and paragraphs 26 through 29 inclusive as if fully set forth herein
31 The conduct complained of herein constitutes federal unfair competition
II false designation of origin and common law trademark infringement pursuant to
1115 USC sect 1125(a)
32 As a result of the illegal conduct of Soyummi described herein
II Plaintiffs have been damaged in an amount to be determined
33 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
II market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
II award ( c) if Soyummi s wrongful conduct is allowed to continue the public and
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II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fourth Cause of Action California State Unfair Competition
II (Cal Bus amp Prof Code sect 17200 et seq)
34 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 and paragraphs 31 through 33 inclusive
II as if fully set forth herein
35 The conduct complained of herein constitutes unfair competition
II within the meaning of California Business and Professions Code sect 17200 et seq
36 Soyummi should therefore be required to disgorge all profits obtained
II through its acts of unfair competition
37 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
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II award (c) if Soyummi s wrongful conduct is allowed to continue the public and
II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fifth Cause of Action False and Fraudulent Registration
II (15 USC sect 1120)
38 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 and
II paragraphs 35 through 37 inclusive as iffully set forth herein
39 On information and belief Soyummi filed a declaration with the
II United States Patent and Trademark Office (USPTO) under penalty ofperjury
II attesting inter alia that it was marketing advertising distributing and selling
II products using the name Soyummi a single word pursuant to the SOYUMMI
II trademark registration Soyummi further failed to disclose that it would use these
II marks in connection with fortified foods requiring registration in International
II Class 05
40 Soyummis intent however was to market advertise distribute and
II sell its fortified food products under the name SO YUMMI two separate and
II distinct words one ofwhich is the federally-registered trademark of Hero
II Soyummi was at the time it made its application aware of this intent but
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II nonetheless made the false representations to the USPTO intending that the
II USPTO and its examiners rely on these representations so that Soyummi could
II obtain a United States Trademark Registration confusingly similar to Heros long-
II registered YUMMI Trademarks without the obvious conflict and legal preemption
II being discovered Both the USPTO and Hero relied on Soyummis false
II representations Hero by forbearing the opportunity to oppose the registration whe
II the mark was published for opposition and the USPTO by registering a mark that
II infringes Heros pre-existing YUMMI Trademarks The aforementioned conduct
lion the part of Soyummi constitutes fraud and false registration within the meaning
II of 15 USC sect 1120
41 As a result of said false and fraudulent registration Hero has been
II damaged and is entitled to recover its damages in an amount to be proven at trial
Sixth Cause of Action Cancellation of US Trademark Reg No 2919529
(15 USC sect 1119)
42 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 and paragraphs 39 through 41 inclusive as if fully set forth herein
43 Maintenance of US Trademark Reg No 2919529 in international
II class 30 as the specified goods and services in the registration conflicts with
II Heros rights in its YUMMI Trademarks
III II
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44 As a separate ground for cancellation US Trademark Reg No
112919529 was procured by fraud on the USPTO
45 US Trademark Reg No 2919529 should be cancelled
Seventh Cause of Action Constructive Trust upon Illegal Profits
46 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 paragraphs 39 through 41 and paragraphs 43 through 45 inclusive as
II if fully set forth herein
47 Soyummis conduct constitutes deceptive fraudulent and wrongful
II conduct in the nature of passing off products identified with infringing trademarks
II as approved or authorized by Plaintiff
48 By virtue of Soyummis wrongful conduct Soyummi have illegally
II received money and profits that rightfully belong to Hero
49 Hero is also entitled pursuant to 15 USC sect 1117(a) to recover any
II and all profits of Soyummi that are attributable to their acts of infringement or
II other violations thereof
50 Upon information and belief Soyummi hold the illegally received
II money and profits in the form of bank accounts real property and personal
II property that can be located and traced
1111
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51 Soyummi holds the money and profits that they have illegally
II received as constructive trustees for the benefit of Hero
Eighth Cause of Action Accounting
52 Hero incorporates by reference paragraphs 1 through 16 paragraphs
18 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
through 37 paragraphs 39 through 41 paragraphs 43 through 45 and paragraphs
47 through 51 inclusive as if fully set forth herein
53 Hero is entitled pursuant to 15 USC sect 1117 to recover any and all
profits of Soyummi that are attributable to their acts of infringement or other
violations thereof
54 The amount of money due from Soyummi to Hero is unknown to
Hero and cannot be ascertained without a detailed accounting by Soyummi of the
precise number of units of infringing products offered for distribution andor
distributed by Soyummi
Demand for Jury Trial
Hero hereby demands a trial by jury on all of its claims
Prayer for Relief
Wherefore Plaintiff Hero prays judgment as follows
A Soyummi its officers directors agents servants employees and all
persons in active concert and participation with them shall be enjoined
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II by preliminary and permanent injunction and restrained from in any
manner directly or indirectly using promoting advertising displaying
offering to sell selling or otherwise marketing in the United States any
II products identified with a mark containing the word YUMMI YUMMY
II or any colorable imitation thereof
B Soyummi shall be jointly and severally liable to Hero for all profits
Soyummi has derived from selling any products with the name SO
II YUMMI in the United States in connection with the mark SOYUMMI 0
II a colorable imitation thereof
II C This case shall be deemed an exceptional case and all damages awarded
hereunder shall be trebled in accordance with the provisions of 15 USC
sect 1117
II D All infringing products within Soyummis possession custody or control
II identified as by a name containing the name So Yummi or the mark
II SOYUMMI or any confusingly similar name and any and all advertisin
II andor marketing materials for same shall be delivered up for
impoundment and destruction as the Court directs pursuant to 15 USC
sect 1116
II E Soyummi shall file a report with the Court under oath in accordance with
II 15 USC sect 1116 setting forth the manner and form of their compliance
II with this Courts injunction
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II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
16
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i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
~wmiddot Ii~ A -~~--~-~~- I
MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
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II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
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Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
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1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
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Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
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II said mark is Soyummi A true copy of the listing on the USPTO website for the
II mark SOYUMMI is attached hereto as Exhibit F
15 The USPTO on-line system reflects that there has been no recorded
II assignments of the SOYUMMI mark to any other entities
16 On August 142009 Hero sent to Soyummi a letter advising inter
II alia that Hero was the owner of the YUMMI Trademarks that use of the name SO
II YUMMI for a competing product was likely to cause consumer confusion and
II demanding that Soyummi cease and desist use of the name and mark SO YUMMI
II Hero is informed and believes and upon that basis alleges that Soyummi has
II persisted in using the the name SO YUMMI and the mark SOYUMMI in
II commerce to identify its product despite having received Heros cease-and-desist
II letter
First Cause of Action Trademark Infringement
(15SC sect 1114)
17 Hero incorporates by reference paragraphs 1 through 16 inclusive as
II if fully set forth herein
18 Soyummis activities as described herein constitute infringement of
II Heros YUMMI Trademarks in violation of the Lanham Act including but not
II limited to 15 USC sect 1114
II 1
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19 Soyummis use ofHeros federally-registered trademarks is likely to
II result in consumer confusion as to source sponsorship ownership or affiliation of
the goods identified by the YUMMI Trademarks
20 Soyummis use of Heros federally-registered trademarks as
described herein was willful and deliberate and intended to trade upon the
II goodwill and reputation appurtenant to Heros YUMMI Trademarks
21 As a result ofSoyummis wrongful conduct Hero has suffered
substantial losses including but not limited to damage to its business reputation
and goodwill Hero is entitled to recover damages which include its losses and all
II profits Defendants have made as a result of their wrongful conduct pursuant to 15
IIUSC sect 11 17(a)
22 In addition because Soyummis infringement of Heros YUMMI
II Trademarks was willful within the meaning of the Lanham Act the award of
II damages and profits should be trebled pursuant to 15 USC sect 1117(b)
Alternatively the award of statutory damages should be enhanced pursuant to 15
USC sect 1117(c)
23 The illegal conduct by Soyummi complained of herein is ongoing and
unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummi wrongful conduct because inter alia (a) Heros YUMMI
7
Trademarks are unique and valuable property that have no readily determinable
2 II market value (b) Soyummis infringement constitutes harm to Heros business
3 II reputation and goodwill such that Hero could not be made whole by any monetary
4 II award (c) ifSoyummis wrongful conduct is allowed to continue the public and
5 II relevant market are likely to become further confused mistaken or deceived as to
6 II the source origin or authenticity of the products identified by the infringing mark
7 II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
8 II information and belief on-going
9 24 Hero is also entitled to recover its attorneys fees and costs of suit
10 II pursuant to 15 USc sect 1117
11 Second Cause of Action Counterfeit Trademark
12 ( 15 USC sect 1116)
13 25 Hero incorporates by reference paragraphs 1 through 16 and
14 II paragraphs 18 through 24 inclusive as if fully set forth herein
15 26 Soyummi has applied to their products a spurious designation that is
16 II identical with or substantially indistinguishable from the dominant portion of
17 II Heros federally-registered YUMMI Trademarks Said spurious designation and IS
18 II counterfeit as a matter oflaw pursuant to 15 USC sect 1116(d)(1)(B)(ii)
19 27 Soyummi has sold offered for sale andor distributed goods identified
20 II by said counterfeit mark
21 28 Soyummis conduct as described herein was willful and intentional
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II
29 Soyummis conduct as described herein renders them liable to Hero
II in an amount up to $100000000 per counterfeit mark per type of goods sold
Ilpursuant to 15 USC sect 1117(c)
II
II
Third Cause of Action Federal Unfair Competition
(15 USC sect 1125)
30 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 and paragraphs 26 through 29 inclusive as if fully set forth herein
31 The conduct complained of herein constitutes federal unfair competition
II false designation of origin and common law trademark infringement pursuant to
1115 USC sect 1125(a)
32 As a result of the illegal conduct of Soyummi described herein
II Plaintiffs have been damaged in an amount to be determined
33 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
II market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
II award ( c) if Soyummi s wrongful conduct is allowed to continue the public and
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II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fourth Cause of Action California State Unfair Competition
II (Cal Bus amp Prof Code sect 17200 et seq)
34 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 and paragraphs 31 through 33 inclusive
II as if fully set forth herein
35 The conduct complained of herein constitutes unfair competition
II within the meaning of California Business and Professions Code sect 17200 et seq
36 Soyummi should therefore be required to disgorge all profits obtained
II through its acts of unfair competition
37 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
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II award (c) if Soyummi s wrongful conduct is allowed to continue the public and
II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fifth Cause of Action False and Fraudulent Registration
II (15 USC sect 1120)
38 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 and
II paragraphs 35 through 37 inclusive as iffully set forth herein
39 On information and belief Soyummi filed a declaration with the
II United States Patent and Trademark Office (USPTO) under penalty ofperjury
II attesting inter alia that it was marketing advertising distributing and selling
II products using the name Soyummi a single word pursuant to the SOYUMMI
II trademark registration Soyummi further failed to disclose that it would use these
II marks in connection with fortified foods requiring registration in International
II Class 05
40 Soyummis intent however was to market advertise distribute and
II sell its fortified food products under the name SO YUMMI two separate and
II distinct words one ofwhich is the federally-registered trademark of Hero
II Soyummi was at the time it made its application aware of this intent but
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II nonetheless made the false representations to the USPTO intending that the
II USPTO and its examiners rely on these representations so that Soyummi could
II obtain a United States Trademark Registration confusingly similar to Heros long-
II registered YUMMI Trademarks without the obvious conflict and legal preemption
II being discovered Both the USPTO and Hero relied on Soyummis false
II representations Hero by forbearing the opportunity to oppose the registration whe
II the mark was published for opposition and the USPTO by registering a mark that
II infringes Heros pre-existing YUMMI Trademarks The aforementioned conduct
lion the part of Soyummi constitutes fraud and false registration within the meaning
II of 15 USC sect 1120
41 As a result of said false and fraudulent registration Hero has been
II damaged and is entitled to recover its damages in an amount to be proven at trial
Sixth Cause of Action Cancellation of US Trademark Reg No 2919529
(15 USC sect 1119)
42 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 and paragraphs 39 through 41 inclusive as if fully set forth herein
43 Maintenance of US Trademark Reg No 2919529 in international
II class 30 as the specified goods and services in the registration conflicts with
II Heros rights in its YUMMI Trademarks
III II
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44 As a separate ground for cancellation US Trademark Reg No
112919529 was procured by fraud on the USPTO
45 US Trademark Reg No 2919529 should be cancelled
Seventh Cause of Action Constructive Trust upon Illegal Profits
46 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 paragraphs 39 through 41 and paragraphs 43 through 45 inclusive as
II if fully set forth herein
47 Soyummis conduct constitutes deceptive fraudulent and wrongful
II conduct in the nature of passing off products identified with infringing trademarks
II as approved or authorized by Plaintiff
48 By virtue of Soyummis wrongful conduct Soyummi have illegally
II received money and profits that rightfully belong to Hero
49 Hero is also entitled pursuant to 15 USC sect 1117(a) to recover any
II and all profits of Soyummi that are attributable to their acts of infringement or
II other violations thereof
50 Upon information and belief Soyummi hold the illegally received
II money and profits in the form of bank accounts real property and personal
II property that can be located and traced
1111
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51 Soyummi holds the money and profits that they have illegally
II received as constructive trustees for the benefit of Hero
Eighth Cause of Action Accounting
52 Hero incorporates by reference paragraphs 1 through 16 paragraphs
18 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
through 37 paragraphs 39 through 41 paragraphs 43 through 45 and paragraphs
47 through 51 inclusive as if fully set forth herein
53 Hero is entitled pursuant to 15 USC sect 1117 to recover any and all
profits of Soyummi that are attributable to their acts of infringement or other
violations thereof
54 The amount of money due from Soyummi to Hero is unknown to
Hero and cannot be ascertained without a detailed accounting by Soyummi of the
precise number of units of infringing products offered for distribution andor
distributed by Soyummi
Demand for Jury Trial
Hero hereby demands a trial by jury on all of its claims
Prayer for Relief
Wherefore Plaintiff Hero prays judgment as follows
A Soyummi its officers directors agents servants employees and all
persons in active concert and participation with them shall be enjoined
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II by preliminary and permanent injunction and restrained from in any
manner directly or indirectly using promoting advertising displaying
offering to sell selling or otherwise marketing in the United States any
II products identified with a mark containing the word YUMMI YUMMY
II or any colorable imitation thereof
B Soyummi shall be jointly and severally liable to Hero for all profits
Soyummi has derived from selling any products with the name SO
II YUMMI in the United States in connection with the mark SOYUMMI 0
II a colorable imitation thereof
II C This case shall be deemed an exceptional case and all damages awarded
hereunder shall be trebled in accordance with the provisions of 15 USC
sect 1117
II D All infringing products within Soyummis possession custody or control
II identified as by a name containing the name So Yummi or the mark
II SOYUMMI or any confusingly similar name and any and all advertisin
II andor marketing materials for same shall be delivered up for
impoundment and destruction as the Court directs pursuant to 15 USC
sect 1116
II E Soyummi shall file a report with the Court under oath in accordance with
II 15 USC sect 1116 setting forth the manner and form of their compliance
II with this Courts injunction
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II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
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i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
~wmiddot Ii~ A -~~--~-~~- I
MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
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II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
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Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
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1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
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19 Soyummis use ofHeros federally-registered trademarks is likely to
II result in consumer confusion as to source sponsorship ownership or affiliation of
the goods identified by the YUMMI Trademarks
20 Soyummis use of Heros federally-registered trademarks as
described herein was willful and deliberate and intended to trade upon the
II goodwill and reputation appurtenant to Heros YUMMI Trademarks
21 As a result ofSoyummis wrongful conduct Hero has suffered
substantial losses including but not limited to damage to its business reputation
and goodwill Hero is entitled to recover damages which include its losses and all
II profits Defendants have made as a result of their wrongful conduct pursuant to 15
IIUSC sect 11 17(a)
22 In addition because Soyummis infringement of Heros YUMMI
II Trademarks was willful within the meaning of the Lanham Act the award of
II damages and profits should be trebled pursuant to 15 USC sect 1117(b)
Alternatively the award of statutory damages should be enhanced pursuant to 15
USC sect 1117(c)
23 The illegal conduct by Soyummi complained of herein is ongoing and
unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummi wrongful conduct because inter alia (a) Heros YUMMI
7
Trademarks are unique and valuable property that have no readily determinable
2 II market value (b) Soyummis infringement constitutes harm to Heros business
3 II reputation and goodwill such that Hero could not be made whole by any monetary
4 II award (c) ifSoyummis wrongful conduct is allowed to continue the public and
5 II relevant market are likely to become further confused mistaken or deceived as to
6 II the source origin or authenticity of the products identified by the infringing mark
7 II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
8 II information and belief on-going
9 24 Hero is also entitled to recover its attorneys fees and costs of suit
10 II pursuant to 15 USc sect 1117
11 Second Cause of Action Counterfeit Trademark
12 ( 15 USC sect 1116)
13 25 Hero incorporates by reference paragraphs 1 through 16 and
14 II paragraphs 18 through 24 inclusive as if fully set forth herein
15 26 Soyummi has applied to their products a spurious designation that is
16 II identical with or substantially indistinguishable from the dominant portion of
17 II Heros federally-registered YUMMI Trademarks Said spurious designation and IS
18 II counterfeit as a matter oflaw pursuant to 15 USC sect 1116(d)(1)(B)(ii)
19 27 Soyummi has sold offered for sale andor distributed goods identified
20 II by said counterfeit mark
21 28 Soyummis conduct as described herein was willful and intentional
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II
29 Soyummis conduct as described herein renders them liable to Hero
II in an amount up to $100000000 per counterfeit mark per type of goods sold
Ilpursuant to 15 USC sect 1117(c)
II
II
Third Cause of Action Federal Unfair Competition
(15 USC sect 1125)
30 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 and paragraphs 26 through 29 inclusive as if fully set forth herein
31 The conduct complained of herein constitutes federal unfair competition
II false designation of origin and common law trademark infringement pursuant to
1115 USC sect 1125(a)
32 As a result of the illegal conduct of Soyummi described herein
II Plaintiffs have been damaged in an amount to be determined
33 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
II market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
II award ( c) if Soyummi s wrongful conduct is allowed to continue the public and
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II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fourth Cause of Action California State Unfair Competition
II (Cal Bus amp Prof Code sect 17200 et seq)
34 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 and paragraphs 31 through 33 inclusive
II as if fully set forth herein
35 The conduct complained of herein constitutes unfair competition
II within the meaning of California Business and Professions Code sect 17200 et seq
36 Soyummi should therefore be required to disgorge all profits obtained
II through its acts of unfair competition
37 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
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II award (c) if Soyummi s wrongful conduct is allowed to continue the public and
II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fifth Cause of Action False and Fraudulent Registration
II (15 USC sect 1120)
38 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 and
II paragraphs 35 through 37 inclusive as iffully set forth herein
39 On information and belief Soyummi filed a declaration with the
II United States Patent and Trademark Office (USPTO) under penalty ofperjury
II attesting inter alia that it was marketing advertising distributing and selling
II products using the name Soyummi a single word pursuant to the SOYUMMI
II trademark registration Soyummi further failed to disclose that it would use these
II marks in connection with fortified foods requiring registration in International
II Class 05
40 Soyummis intent however was to market advertise distribute and
II sell its fortified food products under the name SO YUMMI two separate and
II distinct words one ofwhich is the federally-registered trademark of Hero
II Soyummi was at the time it made its application aware of this intent but
11
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II nonetheless made the false representations to the USPTO intending that the
II USPTO and its examiners rely on these representations so that Soyummi could
II obtain a United States Trademark Registration confusingly similar to Heros long-
II registered YUMMI Trademarks without the obvious conflict and legal preemption
II being discovered Both the USPTO and Hero relied on Soyummis false
II representations Hero by forbearing the opportunity to oppose the registration whe
II the mark was published for opposition and the USPTO by registering a mark that
II infringes Heros pre-existing YUMMI Trademarks The aforementioned conduct
lion the part of Soyummi constitutes fraud and false registration within the meaning
II of 15 USC sect 1120
41 As a result of said false and fraudulent registration Hero has been
II damaged and is entitled to recover its damages in an amount to be proven at trial
Sixth Cause of Action Cancellation of US Trademark Reg No 2919529
(15 USC sect 1119)
42 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 and paragraphs 39 through 41 inclusive as if fully set forth herein
43 Maintenance of US Trademark Reg No 2919529 in international
II class 30 as the specified goods and services in the registration conflicts with
II Heros rights in its YUMMI Trademarks
III II
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4
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6
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44 As a separate ground for cancellation US Trademark Reg No
112919529 was procured by fraud on the USPTO
45 US Trademark Reg No 2919529 should be cancelled
Seventh Cause of Action Constructive Trust upon Illegal Profits
46 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 paragraphs 39 through 41 and paragraphs 43 through 45 inclusive as
II if fully set forth herein
47 Soyummis conduct constitutes deceptive fraudulent and wrongful
II conduct in the nature of passing off products identified with infringing trademarks
II as approved or authorized by Plaintiff
48 By virtue of Soyummis wrongful conduct Soyummi have illegally
II received money and profits that rightfully belong to Hero
49 Hero is also entitled pursuant to 15 USC sect 1117(a) to recover any
II and all profits of Soyummi that are attributable to their acts of infringement or
II other violations thereof
50 Upon information and belief Soyummi hold the illegally received
II money and profits in the form of bank accounts real property and personal
II property that can be located and traced
1111
13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
51 Soyummi holds the money and profits that they have illegally
II received as constructive trustees for the benefit of Hero
Eighth Cause of Action Accounting
52 Hero incorporates by reference paragraphs 1 through 16 paragraphs
18 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
through 37 paragraphs 39 through 41 paragraphs 43 through 45 and paragraphs
47 through 51 inclusive as if fully set forth herein
53 Hero is entitled pursuant to 15 USC sect 1117 to recover any and all
profits of Soyummi that are attributable to their acts of infringement or other
violations thereof
54 The amount of money due from Soyummi to Hero is unknown to
Hero and cannot be ascertained without a detailed accounting by Soyummi of the
precise number of units of infringing products offered for distribution andor
distributed by Soyummi
Demand for Jury Trial
Hero hereby demands a trial by jury on all of its claims
Prayer for Relief
Wherefore Plaintiff Hero prays judgment as follows
A Soyummi its officers directors agents servants employees and all
persons in active concert and participation with them shall be enjoined
14
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5
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II by preliminary and permanent injunction and restrained from in any
manner directly or indirectly using promoting advertising displaying
offering to sell selling or otherwise marketing in the United States any
II products identified with a mark containing the word YUMMI YUMMY
II or any colorable imitation thereof
B Soyummi shall be jointly and severally liable to Hero for all profits
Soyummi has derived from selling any products with the name SO
II YUMMI in the United States in connection with the mark SOYUMMI 0
II a colorable imitation thereof
II C This case shall be deemed an exceptional case and all damages awarded
hereunder shall be trebled in accordance with the provisions of 15 USC
sect 1117
II D All infringing products within Soyummis possession custody or control
II identified as by a name containing the name So Yummi or the mark
II SOYUMMI or any confusingly similar name and any and all advertisin
II andor marketing materials for same shall be delivered up for
impoundment and destruction as the Court directs pursuant to 15 USC
sect 1116
II E Soyummi shall file a report with the Court under oath in accordance with
II 15 USC sect 1116 setting forth the manner and form of their compliance
II with this Courts injunction
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II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
16
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i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
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MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
18
1
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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20
21
II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
19
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2
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5
6
7
8
9
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12
13
14
15
16
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18
19
20
21
Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
20
lZ
9
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81
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91
SI
171
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I
1
2
3
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5
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7
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14
15
16
17
18
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20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
Trademarks are unique and valuable property that have no readily determinable
2 II market value (b) Soyummis infringement constitutes harm to Heros business
3 II reputation and goodwill such that Hero could not be made whole by any monetary
4 II award (c) ifSoyummis wrongful conduct is allowed to continue the public and
5 II relevant market are likely to become further confused mistaken or deceived as to
6 II the source origin or authenticity of the products identified by the infringing mark
7 II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
8 II information and belief on-going
9 24 Hero is also entitled to recover its attorneys fees and costs of suit
10 II pursuant to 15 USc sect 1117
11 Second Cause of Action Counterfeit Trademark
12 ( 15 USC sect 1116)
13 25 Hero incorporates by reference paragraphs 1 through 16 and
14 II paragraphs 18 through 24 inclusive as if fully set forth herein
15 26 Soyummi has applied to their products a spurious designation that is
16 II identical with or substantially indistinguishable from the dominant portion of
17 II Heros federally-registered YUMMI Trademarks Said spurious designation and IS
18 II counterfeit as a matter oflaw pursuant to 15 USC sect 1116(d)(1)(B)(ii)
19 27 Soyummi has sold offered for sale andor distributed goods identified
20 II by said counterfeit mark
21 28 Soyummis conduct as described herein was willful and intentional
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II
29 Soyummis conduct as described herein renders them liable to Hero
II in an amount up to $100000000 per counterfeit mark per type of goods sold
Ilpursuant to 15 USC sect 1117(c)
II
II
Third Cause of Action Federal Unfair Competition
(15 USC sect 1125)
30 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 and paragraphs 26 through 29 inclusive as if fully set forth herein
31 The conduct complained of herein constitutes federal unfair competition
II false designation of origin and common law trademark infringement pursuant to
1115 USC sect 1125(a)
32 As a result of the illegal conduct of Soyummi described herein
II Plaintiffs have been damaged in an amount to be determined
33 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
II market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
II award ( c) if Soyummi s wrongful conduct is allowed to continue the public and
9
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II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fourth Cause of Action California State Unfair Competition
II (Cal Bus amp Prof Code sect 17200 et seq)
34 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 and paragraphs 31 through 33 inclusive
II as if fully set forth herein
35 The conduct complained of herein constitutes unfair competition
II within the meaning of California Business and Professions Code sect 17200 et seq
36 Soyummi should therefore be required to disgorge all profits obtained
II through its acts of unfair competition
37 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
10
1
2
3
4
5
6
7
8
9
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14
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18
19
20
21
II award (c) if Soyummi s wrongful conduct is allowed to continue the public and
II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fifth Cause of Action False and Fraudulent Registration
II (15 USC sect 1120)
38 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 and
II paragraphs 35 through 37 inclusive as iffully set forth herein
39 On information and belief Soyummi filed a declaration with the
II United States Patent and Trademark Office (USPTO) under penalty ofperjury
II attesting inter alia that it was marketing advertising distributing and selling
II products using the name Soyummi a single word pursuant to the SOYUMMI
II trademark registration Soyummi further failed to disclose that it would use these
II marks in connection with fortified foods requiring registration in International
II Class 05
40 Soyummis intent however was to market advertise distribute and
II sell its fortified food products under the name SO YUMMI two separate and
II distinct words one ofwhich is the federally-registered trademark of Hero
II Soyummi was at the time it made its application aware of this intent but
11
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2
3
4
5
6
7
8
9
10
11
12
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21
II nonetheless made the false representations to the USPTO intending that the
II USPTO and its examiners rely on these representations so that Soyummi could
II obtain a United States Trademark Registration confusingly similar to Heros long-
II registered YUMMI Trademarks without the obvious conflict and legal preemption
II being discovered Both the USPTO and Hero relied on Soyummis false
II representations Hero by forbearing the opportunity to oppose the registration whe
II the mark was published for opposition and the USPTO by registering a mark that
II infringes Heros pre-existing YUMMI Trademarks The aforementioned conduct
lion the part of Soyummi constitutes fraud and false registration within the meaning
II of 15 USC sect 1120
41 As a result of said false and fraudulent registration Hero has been
II damaged and is entitled to recover its damages in an amount to be proven at trial
Sixth Cause of Action Cancellation of US Trademark Reg No 2919529
(15 USC sect 1119)
42 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 and paragraphs 39 through 41 inclusive as if fully set forth herein
43 Maintenance of US Trademark Reg No 2919529 in international
II class 30 as the specified goods and services in the registration conflicts with
II Heros rights in its YUMMI Trademarks
III II
12
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44 As a separate ground for cancellation US Trademark Reg No
112919529 was procured by fraud on the USPTO
45 US Trademark Reg No 2919529 should be cancelled
Seventh Cause of Action Constructive Trust upon Illegal Profits
46 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 paragraphs 39 through 41 and paragraphs 43 through 45 inclusive as
II if fully set forth herein
47 Soyummis conduct constitutes deceptive fraudulent and wrongful
II conduct in the nature of passing off products identified with infringing trademarks
II as approved or authorized by Plaintiff
48 By virtue of Soyummis wrongful conduct Soyummi have illegally
II received money and profits that rightfully belong to Hero
49 Hero is also entitled pursuant to 15 USC sect 1117(a) to recover any
II and all profits of Soyummi that are attributable to their acts of infringement or
II other violations thereof
50 Upon information and belief Soyummi hold the illegally received
II money and profits in the form of bank accounts real property and personal
II property that can be located and traced
1111
13
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6
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51 Soyummi holds the money and profits that they have illegally
II received as constructive trustees for the benefit of Hero
Eighth Cause of Action Accounting
52 Hero incorporates by reference paragraphs 1 through 16 paragraphs
18 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
through 37 paragraphs 39 through 41 paragraphs 43 through 45 and paragraphs
47 through 51 inclusive as if fully set forth herein
53 Hero is entitled pursuant to 15 USC sect 1117 to recover any and all
profits of Soyummi that are attributable to their acts of infringement or other
violations thereof
54 The amount of money due from Soyummi to Hero is unknown to
Hero and cannot be ascertained without a detailed accounting by Soyummi of the
precise number of units of infringing products offered for distribution andor
distributed by Soyummi
Demand for Jury Trial
Hero hereby demands a trial by jury on all of its claims
Prayer for Relief
Wherefore Plaintiff Hero prays judgment as follows
A Soyummi its officers directors agents servants employees and all
persons in active concert and participation with them shall be enjoined
14
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II by preliminary and permanent injunction and restrained from in any
manner directly or indirectly using promoting advertising displaying
offering to sell selling or otherwise marketing in the United States any
II products identified with a mark containing the word YUMMI YUMMY
II or any colorable imitation thereof
B Soyummi shall be jointly and severally liable to Hero for all profits
Soyummi has derived from selling any products with the name SO
II YUMMI in the United States in connection with the mark SOYUMMI 0
II a colorable imitation thereof
II C This case shall be deemed an exceptional case and all damages awarded
hereunder shall be trebled in accordance with the provisions of 15 USC
sect 1117
II D All infringing products within Soyummis possession custody or control
II identified as by a name containing the name So Yummi or the mark
II SOYUMMI or any confusingly similar name and any and all advertisin
II andor marketing materials for same shall be delivered up for
impoundment and destruction as the Court directs pursuant to 15 USC
sect 1116
II E Soyummi shall file a report with the Court under oath in accordance with
II 15 USC sect 1116 setting forth the manner and form of their compliance
II with this Courts injunction
15
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II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
16
L1
V lQQX3
~ i 1 ~ j~ ~ I
1Z
OZ
61
81
L1
91
~l
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II
01
6
8
L
9
pound
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
~wmiddot Ii~ A -~~--~-~~- I
MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
20
lZ
9
lZ
OZ
61
81
Ll
91
SI
171
Z
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II
29 Soyummis conduct as described herein renders them liable to Hero
II in an amount up to $100000000 per counterfeit mark per type of goods sold
Ilpursuant to 15 USC sect 1117(c)
II
II
Third Cause of Action Federal Unfair Competition
(15 USC sect 1125)
30 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 and paragraphs 26 through 29 inclusive as if fully set forth herein
31 The conduct complained of herein constitutes federal unfair competition
II false designation of origin and common law trademark infringement pursuant to
1115 USC sect 1125(a)
32 As a result of the illegal conduct of Soyummi described herein
II Plaintiffs have been damaged in an amount to be determined
33 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
II market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
II award ( c) if Soyummi s wrongful conduct is allowed to continue the public and
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fourth Cause of Action California State Unfair Competition
II (Cal Bus amp Prof Code sect 17200 et seq)
34 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 and paragraphs 31 through 33 inclusive
II as if fully set forth herein
35 The conduct complained of herein constitutes unfair competition
II within the meaning of California Business and Professions Code sect 17200 et seq
36 Soyummi should therefore be required to disgorge all profits obtained
II through its acts of unfair competition
37 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II award (c) if Soyummi s wrongful conduct is allowed to continue the public and
II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fifth Cause of Action False and Fraudulent Registration
II (15 USC sect 1120)
38 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 and
II paragraphs 35 through 37 inclusive as iffully set forth herein
39 On information and belief Soyummi filed a declaration with the
II United States Patent and Trademark Office (USPTO) under penalty ofperjury
II attesting inter alia that it was marketing advertising distributing and selling
II products using the name Soyummi a single word pursuant to the SOYUMMI
II trademark registration Soyummi further failed to disclose that it would use these
II marks in connection with fortified foods requiring registration in International
II Class 05
40 Soyummis intent however was to market advertise distribute and
II sell its fortified food products under the name SO YUMMI two separate and
II distinct words one ofwhich is the federally-registered trademark of Hero
II Soyummi was at the time it made its application aware of this intent but
11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II nonetheless made the false representations to the USPTO intending that the
II USPTO and its examiners rely on these representations so that Soyummi could
II obtain a United States Trademark Registration confusingly similar to Heros long-
II registered YUMMI Trademarks without the obvious conflict and legal preemption
II being discovered Both the USPTO and Hero relied on Soyummis false
II representations Hero by forbearing the opportunity to oppose the registration whe
II the mark was published for opposition and the USPTO by registering a mark that
II infringes Heros pre-existing YUMMI Trademarks The aforementioned conduct
lion the part of Soyummi constitutes fraud and false registration within the meaning
II of 15 USC sect 1120
41 As a result of said false and fraudulent registration Hero has been
II damaged and is entitled to recover its damages in an amount to be proven at trial
Sixth Cause of Action Cancellation of US Trademark Reg No 2919529
(15 USC sect 1119)
42 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 and paragraphs 39 through 41 inclusive as if fully set forth herein
43 Maintenance of US Trademark Reg No 2919529 in international
II class 30 as the specified goods and services in the registration conflicts with
II Heros rights in its YUMMI Trademarks
III II
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
44 As a separate ground for cancellation US Trademark Reg No
112919529 was procured by fraud on the USPTO
45 US Trademark Reg No 2919529 should be cancelled
Seventh Cause of Action Constructive Trust upon Illegal Profits
46 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 paragraphs 39 through 41 and paragraphs 43 through 45 inclusive as
II if fully set forth herein
47 Soyummis conduct constitutes deceptive fraudulent and wrongful
II conduct in the nature of passing off products identified with infringing trademarks
II as approved or authorized by Plaintiff
48 By virtue of Soyummis wrongful conduct Soyummi have illegally
II received money and profits that rightfully belong to Hero
49 Hero is also entitled pursuant to 15 USC sect 1117(a) to recover any
II and all profits of Soyummi that are attributable to their acts of infringement or
II other violations thereof
50 Upon information and belief Soyummi hold the illegally received
II money and profits in the form of bank accounts real property and personal
II property that can be located and traced
1111
13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
51 Soyummi holds the money and profits that they have illegally
II received as constructive trustees for the benefit of Hero
Eighth Cause of Action Accounting
52 Hero incorporates by reference paragraphs 1 through 16 paragraphs
18 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
through 37 paragraphs 39 through 41 paragraphs 43 through 45 and paragraphs
47 through 51 inclusive as if fully set forth herein
53 Hero is entitled pursuant to 15 USC sect 1117 to recover any and all
profits of Soyummi that are attributable to their acts of infringement or other
violations thereof
54 The amount of money due from Soyummi to Hero is unknown to
Hero and cannot be ascertained without a detailed accounting by Soyummi of the
precise number of units of infringing products offered for distribution andor
distributed by Soyummi
Demand for Jury Trial
Hero hereby demands a trial by jury on all of its claims
Prayer for Relief
Wherefore Plaintiff Hero prays judgment as follows
A Soyummi its officers directors agents servants employees and all
persons in active concert and participation with them shall be enjoined
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II by preliminary and permanent injunction and restrained from in any
manner directly or indirectly using promoting advertising displaying
offering to sell selling or otherwise marketing in the United States any
II products identified with a mark containing the word YUMMI YUMMY
II or any colorable imitation thereof
B Soyummi shall be jointly and severally liable to Hero for all profits
Soyummi has derived from selling any products with the name SO
II YUMMI in the United States in connection with the mark SOYUMMI 0
II a colorable imitation thereof
II C This case shall be deemed an exceptional case and all damages awarded
hereunder shall be trebled in accordance with the provisions of 15 USC
sect 1117
II D All infringing products within Soyummis possession custody or control
II identified as by a name containing the name So Yummi or the mark
II SOYUMMI or any confusingly similar name and any and all advertisin
II andor marketing materials for same shall be delivered up for
impoundment and destruction as the Court directs pursuant to 15 USC
sect 1116
II E Soyummi shall file a report with the Court under oath in accordance with
II 15 USC sect 1116 setting forth the manner and form of their compliance
II with this Courts injunction
15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
16
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I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
~wmiddot Ii~ A -~~--~-~~- I
MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
20
lZ
9
lZ
OZ
61
81
Ll
91
SI
171
Z
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fourth Cause of Action California State Unfair Competition
II (Cal Bus amp Prof Code sect 17200 et seq)
34 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 and paragraphs 31 through 33 inclusive
II as if fully set forth herein
35 The conduct complained of herein constitutes unfair competition
II within the meaning of California Business and Professions Code sect 17200 et seq
36 Soyummi should therefore be required to disgorge all profits obtained
II through its acts of unfair competition
37 The illegal conduct by Soyummi complained of herein is ongoing and
II unlikely to cease unless enjoined Hero is also entitled to injunctive relief pursuant
lito 15 USC sect 1116(a) and to an order compelling the impounding of all products
II identified by Soyummi with infringing marks Hero has no adequate remedy at
II law for Soyummis wrongful conduct because inter alia (a) Heros YUMMI
II Trademarks are unique and valuable property that have no readily determinable
market value (b) Soyummis infringement constitutes harm to Heros business
II reputation and goodwill such that Hero could not be made whole by any monetary
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II award (c) if Soyummi s wrongful conduct is allowed to continue the public and
II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fifth Cause of Action False and Fraudulent Registration
II (15 USC sect 1120)
38 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 and
II paragraphs 35 through 37 inclusive as iffully set forth herein
39 On information and belief Soyummi filed a declaration with the
II United States Patent and Trademark Office (USPTO) under penalty ofperjury
II attesting inter alia that it was marketing advertising distributing and selling
II products using the name Soyummi a single word pursuant to the SOYUMMI
II trademark registration Soyummi further failed to disclose that it would use these
II marks in connection with fortified foods requiring registration in International
II Class 05
40 Soyummis intent however was to market advertise distribute and
II sell its fortified food products under the name SO YUMMI two separate and
II distinct words one ofwhich is the federally-registered trademark of Hero
II Soyummi was at the time it made its application aware of this intent but
11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II nonetheless made the false representations to the USPTO intending that the
II USPTO and its examiners rely on these representations so that Soyummi could
II obtain a United States Trademark Registration confusingly similar to Heros long-
II registered YUMMI Trademarks without the obvious conflict and legal preemption
II being discovered Both the USPTO and Hero relied on Soyummis false
II representations Hero by forbearing the opportunity to oppose the registration whe
II the mark was published for opposition and the USPTO by registering a mark that
II infringes Heros pre-existing YUMMI Trademarks The aforementioned conduct
lion the part of Soyummi constitutes fraud and false registration within the meaning
II of 15 USC sect 1120
41 As a result of said false and fraudulent registration Hero has been
II damaged and is entitled to recover its damages in an amount to be proven at trial
Sixth Cause of Action Cancellation of US Trademark Reg No 2919529
(15 USC sect 1119)
42 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 and paragraphs 39 through 41 inclusive as if fully set forth herein
43 Maintenance of US Trademark Reg No 2919529 in international
II class 30 as the specified goods and services in the registration conflicts with
II Heros rights in its YUMMI Trademarks
III II
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
44 As a separate ground for cancellation US Trademark Reg No
112919529 was procured by fraud on the USPTO
45 US Trademark Reg No 2919529 should be cancelled
Seventh Cause of Action Constructive Trust upon Illegal Profits
46 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 paragraphs 39 through 41 and paragraphs 43 through 45 inclusive as
II if fully set forth herein
47 Soyummis conduct constitutes deceptive fraudulent and wrongful
II conduct in the nature of passing off products identified with infringing trademarks
II as approved or authorized by Plaintiff
48 By virtue of Soyummis wrongful conduct Soyummi have illegally
II received money and profits that rightfully belong to Hero
49 Hero is also entitled pursuant to 15 USC sect 1117(a) to recover any
II and all profits of Soyummi that are attributable to their acts of infringement or
II other violations thereof
50 Upon information and belief Soyummi hold the illegally received
II money and profits in the form of bank accounts real property and personal
II property that can be located and traced
1111
13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
51 Soyummi holds the money and profits that they have illegally
II received as constructive trustees for the benefit of Hero
Eighth Cause of Action Accounting
52 Hero incorporates by reference paragraphs 1 through 16 paragraphs
18 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
through 37 paragraphs 39 through 41 paragraphs 43 through 45 and paragraphs
47 through 51 inclusive as if fully set forth herein
53 Hero is entitled pursuant to 15 USC sect 1117 to recover any and all
profits of Soyummi that are attributable to their acts of infringement or other
violations thereof
54 The amount of money due from Soyummi to Hero is unknown to
Hero and cannot be ascertained without a detailed accounting by Soyummi of the
precise number of units of infringing products offered for distribution andor
distributed by Soyummi
Demand for Jury Trial
Hero hereby demands a trial by jury on all of its claims
Prayer for Relief
Wherefore Plaintiff Hero prays judgment as follows
A Soyummi its officers directors agents servants employees and all
persons in active concert and participation with them shall be enjoined
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II by preliminary and permanent injunction and restrained from in any
manner directly or indirectly using promoting advertising displaying
offering to sell selling or otherwise marketing in the United States any
II products identified with a mark containing the word YUMMI YUMMY
II or any colorable imitation thereof
B Soyummi shall be jointly and severally liable to Hero for all profits
Soyummi has derived from selling any products with the name SO
II YUMMI in the United States in connection with the mark SOYUMMI 0
II a colorable imitation thereof
II C This case shall be deemed an exceptional case and all damages awarded
hereunder shall be trebled in accordance with the provisions of 15 USC
sect 1117
II D All infringing products within Soyummis possession custody or control
II identified as by a name containing the name So Yummi or the mark
II SOYUMMI or any confusingly similar name and any and all advertisin
II andor marketing materials for same shall be delivered up for
impoundment and destruction as the Court directs pursuant to 15 USC
sect 1116
II E Soyummi shall file a report with the Court under oath in accordance with
II 15 USC sect 1116 setting forth the manner and form of their compliance
II with this Courts injunction
15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
16
L1
V lQQX3
~ i 1 ~ j~ ~ I
1Z
OZ
61
81
L1
91
~l
vI
ZI
II
01
6
8
L
9
pound
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
~wmiddot Ii~ A -~~--~-~~- I
MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
20
lZ
9
lZ
OZ
61
81
Ll
91
SI
171
Z
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II award (c) if Soyummi s wrongful conduct is allowed to continue the public and
II relevant market are likely to become further confused mistaken or deceived as to
II the source origin or authenticity of the products identified by the infringing mark
II and (d) Soyummis wrongful conduct and the resulting damages to Hero is on
II information and belief on-going
II Fifth Cause of Action False and Fraudulent Registration
II (15 USC sect 1120)
38 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 and
II paragraphs 35 through 37 inclusive as iffully set forth herein
39 On information and belief Soyummi filed a declaration with the
II United States Patent and Trademark Office (USPTO) under penalty ofperjury
II attesting inter alia that it was marketing advertising distributing and selling
II products using the name Soyummi a single word pursuant to the SOYUMMI
II trademark registration Soyummi further failed to disclose that it would use these
II marks in connection with fortified foods requiring registration in International
II Class 05
40 Soyummis intent however was to market advertise distribute and
II sell its fortified food products under the name SO YUMMI two separate and
II distinct words one ofwhich is the federally-registered trademark of Hero
II Soyummi was at the time it made its application aware of this intent but
11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II nonetheless made the false representations to the USPTO intending that the
II USPTO and its examiners rely on these representations so that Soyummi could
II obtain a United States Trademark Registration confusingly similar to Heros long-
II registered YUMMI Trademarks without the obvious conflict and legal preemption
II being discovered Both the USPTO and Hero relied on Soyummis false
II representations Hero by forbearing the opportunity to oppose the registration whe
II the mark was published for opposition and the USPTO by registering a mark that
II infringes Heros pre-existing YUMMI Trademarks The aforementioned conduct
lion the part of Soyummi constitutes fraud and false registration within the meaning
II of 15 USC sect 1120
41 As a result of said false and fraudulent registration Hero has been
II damaged and is entitled to recover its damages in an amount to be proven at trial
Sixth Cause of Action Cancellation of US Trademark Reg No 2919529
(15 USC sect 1119)
42 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 and paragraphs 39 through 41 inclusive as if fully set forth herein
43 Maintenance of US Trademark Reg No 2919529 in international
II class 30 as the specified goods and services in the registration conflicts with
II Heros rights in its YUMMI Trademarks
III II
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
44 As a separate ground for cancellation US Trademark Reg No
112919529 was procured by fraud on the USPTO
45 US Trademark Reg No 2919529 should be cancelled
Seventh Cause of Action Constructive Trust upon Illegal Profits
46 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 paragraphs 39 through 41 and paragraphs 43 through 45 inclusive as
II if fully set forth herein
47 Soyummis conduct constitutes deceptive fraudulent and wrongful
II conduct in the nature of passing off products identified with infringing trademarks
II as approved or authorized by Plaintiff
48 By virtue of Soyummis wrongful conduct Soyummi have illegally
II received money and profits that rightfully belong to Hero
49 Hero is also entitled pursuant to 15 USC sect 1117(a) to recover any
II and all profits of Soyummi that are attributable to their acts of infringement or
II other violations thereof
50 Upon information and belief Soyummi hold the illegally received
II money and profits in the form of bank accounts real property and personal
II property that can be located and traced
1111
13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
51 Soyummi holds the money and profits that they have illegally
II received as constructive trustees for the benefit of Hero
Eighth Cause of Action Accounting
52 Hero incorporates by reference paragraphs 1 through 16 paragraphs
18 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
through 37 paragraphs 39 through 41 paragraphs 43 through 45 and paragraphs
47 through 51 inclusive as if fully set forth herein
53 Hero is entitled pursuant to 15 USC sect 1117 to recover any and all
profits of Soyummi that are attributable to their acts of infringement or other
violations thereof
54 The amount of money due from Soyummi to Hero is unknown to
Hero and cannot be ascertained without a detailed accounting by Soyummi of the
precise number of units of infringing products offered for distribution andor
distributed by Soyummi
Demand for Jury Trial
Hero hereby demands a trial by jury on all of its claims
Prayer for Relief
Wherefore Plaintiff Hero prays judgment as follows
A Soyummi its officers directors agents servants employees and all
persons in active concert and participation with them shall be enjoined
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II by preliminary and permanent injunction and restrained from in any
manner directly or indirectly using promoting advertising displaying
offering to sell selling or otherwise marketing in the United States any
II products identified with a mark containing the word YUMMI YUMMY
II or any colorable imitation thereof
B Soyummi shall be jointly and severally liable to Hero for all profits
Soyummi has derived from selling any products with the name SO
II YUMMI in the United States in connection with the mark SOYUMMI 0
II a colorable imitation thereof
II C This case shall be deemed an exceptional case and all damages awarded
hereunder shall be trebled in accordance with the provisions of 15 USC
sect 1117
II D All infringing products within Soyummis possession custody or control
II identified as by a name containing the name So Yummi or the mark
II SOYUMMI or any confusingly similar name and any and all advertisin
II andor marketing materials for same shall be delivered up for
impoundment and destruction as the Court directs pursuant to 15 USC
sect 1116
II E Soyummi shall file a report with the Court under oath in accordance with
II 15 USC sect 1116 setting forth the manner and form of their compliance
II with this Courts injunction
15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
16
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I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
~wmiddot Ii~ A -~~--~-~~- I
MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
20
lZ
9
lZ
OZ
61
81
Ll
91
SI
171
Z
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II nonetheless made the false representations to the USPTO intending that the
II USPTO and its examiners rely on these representations so that Soyummi could
II obtain a United States Trademark Registration confusingly similar to Heros long-
II registered YUMMI Trademarks without the obvious conflict and legal preemption
II being discovered Both the USPTO and Hero relied on Soyummis false
II representations Hero by forbearing the opportunity to oppose the registration whe
II the mark was published for opposition and the USPTO by registering a mark that
II infringes Heros pre-existing YUMMI Trademarks The aforementioned conduct
lion the part of Soyummi constitutes fraud and false registration within the meaning
II of 15 USC sect 1120
41 As a result of said false and fraudulent registration Hero has been
II damaged and is entitled to recover its damages in an amount to be proven at trial
Sixth Cause of Action Cancellation of US Trademark Reg No 2919529
(15 USC sect 1119)
42 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 and paragraphs 39 through 41 inclusive as if fully set forth herein
43 Maintenance of US Trademark Reg No 2919529 in international
II class 30 as the specified goods and services in the registration conflicts with
II Heros rights in its YUMMI Trademarks
III II
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
44 As a separate ground for cancellation US Trademark Reg No
112919529 was procured by fraud on the USPTO
45 US Trademark Reg No 2919529 should be cancelled
Seventh Cause of Action Constructive Trust upon Illegal Profits
46 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 paragraphs 39 through 41 and paragraphs 43 through 45 inclusive as
II if fully set forth herein
47 Soyummis conduct constitutes deceptive fraudulent and wrongful
II conduct in the nature of passing off products identified with infringing trademarks
II as approved or authorized by Plaintiff
48 By virtue of Soyummis wrongful conduct Soyummi have illegally
II received money and profits that rightfully belong to Hero
49 Hero is also entitled pursuant to 15 USC sect 1117(a) to recover any
II and all profits of Soyummi that are attributable to their acts of infringement or
II other violations thereof
50 Upon information and belief Soyummi hold the illegally received
II money and profits in the form of bank accounts real property and personal
II property that can be located and traced
1111
13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
51 Soyummi holds the money and profits that they have illegally
II received as constructive trustees for the benefit of Hero
Eighth Cause of Action Accounting
52 Hero incorporates by reference paragraphs 1 through 16 paragraphs
18 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
through 37 paragraphs 39 through 41 paragraphs 43 through 45 and paragraphs
47 through 51 inclusive as if fully set forth herein
53 Hero is entitled pursuant to 15 USC sect 1117 to recover any and all
profits of Soyummi that are attributable to their acts of infringement or other
violations thereof
54 The amount of money due from Soyummi to Hero is unknown to
Hero and cannot be ascertained without a detailed accounting by Soyummi of the
precise number of units of infringing products offered for distribution andor
distributed by Soyummi
Demand for Jury Trial
Hero hereby demands a trial by jury on all of its claims
Prayer for Relief
Wherefore Plaintiff Hero prays judgment as follows
A Soyummi its officers directors agents servants employees and all
persons in active concert and participation with them shall be enjoined
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II by preliminary and permanent injunction and restrained from in any
manner directly or indirectly using promoting advertising displaying
offering to sell selling or otherwise marketing in the United States any
II products identified with a mark containing the word YUMMI YUMMY
II or any colorable imitation thereof
B Soyummi shall be jointly and severally liable to Hero for all profits
Soyummi has derived from selling any products with the name SO
II YUMMI in the United States in connection with the mark SOYUMMI 0
II a colorable imitation thereof
II C This case shall be deemed an exceptional case and all damages awarded
hereunder shall be trebled in accordance with the provisions of 15 USC
sect 1117
II D All infringing products within Soyummis possession custody or control
II identified as by a name containing the name So Yummi or the mark
II SOYUMMI or any confusingly similar name and any and all advertisin
II andor marketing materials for same shall be delivered up for
impoundment and destruction as the Court directs pursuant to 15 USC
sect 1116
II E Soyummi shall file a report with the Court under oath in accordance with
II 15 USC sect 1116 setting forth the manner and form of their compliance
II with this Courts injunction
15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
16
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V lQQX3
~ i 1 ~ j~ ~ I
1Z
OZ
61
81
L1
91
~l
vI
ZI
II
01
6
8
L
9
pound
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
~wmiddot Ii~ A -~~--~-~~- I
MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
20
lZ
9
lZ
OZ
61
81
Ll
91
SI
171
Z
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
44 As a separate ground for cancellation US Trademark Reg No
112919529 was procured by fraud on the USPTO
45 US Trademark Reg No 2919529 should be cancelled
Seventh Cause of Action Constructive Trust upon Illegal Profits
46 Hero incorporates by reference paragraphs 1 through 16 paragraphs
1118 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
II through 37 paragraphs 39 through 41 and paragraphs 43 through 45 inclusive as
II if fully set forth herein
47 Soyummis conduct constitutes deceptive fraudulent and wrongful
II conduct in the nature of passing off products identified with infringing trademarks
II as approved or authorized by Plaintiff
48 By virtue of Soyummis wrongful conduct Soyummi have illegally
II received money and profits that rightfully belong to Hero
49 Hero is also entitled pursuant to 15 USC sect 1117(a) to recover any
II and all profits of Soyummi that are attributable to their acts of infringement or
II other violations thereof
50 Upon information and belief Soyummi hold the illegally received
II money and profits in the form of bank accounts real property and personal
II property that can be located and traced
1111
13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
51 Soyummi holds the money and profits that they have illegally
II received as constructive trustees for the benefit of Hero
Eighth Cause of Action Accounting
52 Hero incorporates by reference paragraphs 1 through 16 paragraphs
18 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
through 37 paragraphs 39 through 41 paragraphs 43 through 45 and paragraphs
47 through 51 inclusive as if fully set forth herein
53 Hero is entitled pursuant to 15 USC sect 1117 to recover any and all
profits of Soyummi that are attributable to their acts of infringement or other
violations thereof
54 The amount of money due from Soyummi to Hero is unknown to
Hero and cannot be ascertained without a detailed accounting by Soyummi of the
precise number of units of infringing products offered for distribution andor
distributed by Soyummi
Demand for Jury Trial
Hero hereby demands a trial by jury on all of its claims
Prayer for Relief
Wherefore Plaintiff Hero prays judgment as follows
A Soyummi its officers directors agents servants employees and all
persons in active concert and participation with them shall be enjoined
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II by preliminary and permanent injunction and restrained from in any
manner directly or indirectly using promoting advertising displaying
offering to sell selling or otherwise marketing in the United States any
II products identified with a mark containing the word YUMMI YUMMY
II or any colorable imitation thereof
B Soyummi shall be jointly and severally liable to Hero for all profits
Soyummi has derived from selling any products with the name SO
II YUMMI in the United States in connection with the mark SOYUMMI 0
II a colorable imitation thereof
II C This case shall be deemed an exceptional case and all damages awarded
hereunder shall be trebled in accordance with the provisions of 15 USC
sect 1117
II D All infringing products within Soyummis possession custody or control
II identified as by a name containing the name So Yummi or the mark
II SOYUMMI or any confusingly similar name and any and all advertisin
II andor marketing materials for same shall be delivered up for
impoundment and destruction as the Court directs pursuant to 15 USC
sect 1116
II E Soyummi shall file a report with the Court under oath in accordance with
II 15 USC sect 1116 setting forth the manner and form of their compliance
II with this Courts injunction
15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
16
L1
V lQQX3
~ i 1 ~ j~ ~ I
1Z
OZ
61
81
L1
91
~l
vI
ZI
II
01
6
8
L
9
pound
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
~wmiddot Ii~ A -~~--~-~~- I
MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
20
lZ
9
lZ
OZ
61
81
Ll
91
SI
171
Z
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
51 Soyummi holds the money and profits that they have illegally
II received as constructive trustees for the benefit of Hero
Eighth Cause of Action Accounting
52 Hero incorporates by reference paragraphs 1 through 16 paragraphs
18 through 24 paragraphs 26 through 29 paragraphs 31 through 33 paragraphs 35
through 37 paragraphs 39 through 41 paragraphs 43 through 45 and paragraphs
47 through 51 inclusive as if fully set forth herein
53 Hero is entitled pursuant to 15 USC sect 1117 to recover any and all
profits of Soyummi that are attributable to their acts of infringement or other
violations thereof
54 The amount of money due from Soyummi to Hero is unknown to
Hero and cannot be ascertained without a detailed accounting by Soyummi of the
precise number of units of infringing products offered for distribution andor
distributed by Soyummi
Demand for Jury Trial
Hero hereby demands a trial by jury on all of its claims
Prayer for Relief
Wherefore Plaintiff Hero prays judgment as follows
A Soyummi its officers directors agents servants employees and all
persons in active concert and participation with them shall be enjoined
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II by preliminary and permanent injunction and restrained from in any
manner directly or indirectly using promoting advertising displaying
offering to sell selling or otherwise marketing in the United States any
II products identified with a mark containing the word YUMMI YUMMY
II or any colorable imitation thereof
B Soyummi shall be jointly and severally liable to Hero for all profits
Soyummi has derived from selling any products with the name SO
II YUMMI in the United States in connection with the mark SOYUMMI 0
II a colorable imitation thereof
II C This case shall be deemed an exceptional case and all damages awarded
hereunder shall be trebled in accordance with the provisions of 15 USC
sect 1117
II D All infringing products within Soyummis possession custody or control
II identified as by a name containing the name So Yummi or the mark
II SOYUMMI or any confusingly similar name and any and all advertisin
II andor marketing materials for same shall be delivered up for
impoundment and destruction as the Court directs pursuant to 15 USC
sect 1116
II E Soyummi shall file a report with the Court under oath in accordance with
II 15 USC sect 1116 setting forth the manner and form of their compliance
II with this Courts injunction
15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
16
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91
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6
8
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9
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I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
~wmiddot Ii~ A -~~--~-~~- I
MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
20
lZ
9
lZ
OZ
61
81
Ll
91
SI
171
Z
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II by preliminary and permanent injunction and restrained from in any
manner directly or indirectly using promoting advertising displaying
offering to sell selling or otherwise marketing in the United States any
II products identified with a mark containing the word YUMMI YUMMY
II or any colorable imitation thereof
B Soyummi shall be jointly and severally liable to Hero for all profits
Soyummi has derived from selling any products with the name SO
II YUMMI in the United States in connection with the mark SOYUMMI 0
II a colorable imitation thereof
II C This case shall be deemed an exceptional case and all damages awarded
hereunder shall be trebled in accordance with the provisions of 15 USC
sect 1117
II D All infringing products within Soyummis possession custody or control
II identified as by a name containing the name So Yummi or the mark
II SOYUMMI or any confusingly similar name and any and all advertisin
II andor marketing materials for same shall be delivered up for
impoundment and destruction as the Court directs pursuant to 15 USC
sect 1116
II E Soyummi shall file a report with the Court under oath in accordance with
II 15 USC sect 1116 setting forth the manner and form of their compliance
II with this Courts injunction
15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
16
L1
V lQQX3
~ i 1 ~ j~ ~ I
1Z
OZ
61
81
L1
91
~l
vI
ZI
II
01
6
8
L
9
pound
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
~wmiddot Ii~ A -~~--~-~~- I
MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
20
lZ
9
lZ
OZ
61
81
Ll
91
SI
171
Z
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II F Soyummi shall be jointly liable for Heros reasonable attorneys fees
II pursuant to 15USC sect 1117(a)
II G For cancellation of United States Trademark Registration No 2919529
II H For an award to Hero of its court costs
II 1 F or such other and further relief as available by law and as the Court
II shall deem just fair and proper
Dated October 132009 Respectfully submitted
HERO NUTRITIONALS LLC
By
Paul N Tauger Attorney for Plaintiff HERO NUTRITIONALS LLC 991 Calle Negocio San Clemente California 92673
16
L1
V lQQX3
~ i 1 ~ j~ ~ I
1Z
OZ
61
81
L1
91
~l
vI
ZI
II
01
6
8
L
9
pound
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
~wmiddot Ii~ A -~~--~-~~- I
MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
20
lZ
9
lZ
OZ
61
81
Ll
91
SI
171
Z
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
L1
V lQQX3
~ i 1 ~ j~ ~ I
1Z
OZ
61
81
L1
91
~l
vI
ZI
II
01
6
8
L
9
pound
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
~wmiddot Ii~ A -~~--~-~~- I
MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
20
lZ
9
lZ
OZ
61
81
Ll
91
SI
171
Z
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
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NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
i (~gt 1 middot11middot~ l H ~___ ~fltgt lt~
iUmiddotmiddotmiddotmmiddotmiddotmiddot _ _middot-middotmiddotmiddot_middot middot _~ ~~ jbull c ~~ ~ i _1
~wmiddot Ii~ A -~~--~-~~- I
MEMBERS
wwwsoyummi ca GIl-=c home where ID buy contact us history medlslMlnlgtl dlCtxmary francB1S tlye
wwwsoyumrnifoods com
Exhibit B
18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
20
lZ
9
lZ
OZ
61
81
Ll
91
SI
171
Z
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
II WWW60Y llama where In buy aJIIIIEt us hiItory
wwwsoyurnrnifoodscom
Exhibit C
19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
20
lZ
9
lZ
OZ
61
81
Ll
91
SI
171
Z
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Visit AboutUsorg for more information about SOYUMMIFOODSCOM
AbltJJ tU SJ UMtIFO)D CCI
Registrant Na~e this ingt] priate
Les Aliments 50yummi Inc
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2WB
CA
Domain Nltlme 50yenUMMIFOODSCOM
Promote your business to millions of viewers for only S 1 a month
Learn ho -OU (on get an Enhanced Business Listing here for our domain name
eat n l~lJ~rr
Administrative Contact Techniclt11 Contact
Les Alimen ts 50yummi Inc
dmillerlt1so)ummic a
Maison Interinvest
3655 rue Redpath
Montreal QC H3G2Wa
CA
Phone 514middot393middot3232
Record expires on 19-Jun-Z010
Record created on 19middotJun-200B
Databilse last updated on 14-Apr-2009
Domlt1in strvers in listed order Manaee DfltS
rJ~J6~ H1=1(TOP (t~~
~l~38DHrjSTjATORCI)V
ShOh undedylne Iltegistrv data fOfmiddot this recol~d
Current Registrar NETWORK SOLUTIONS LLC
IP Address 745218318 (AR1N a RIPE IP search)
IP Location USiUNITED STATES)-TEXAS-DAllAS
lock Status ctie ntTransferProhibited
DMOZ no Hstings
Y Directory see listings
WebSite Title Soyenummi
Data as of 23-Apr-2008
Exhibit D
20
lZ
9
lZ
OZ
61
81
Ll
91
SI
171
Z
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
lZ
9
lZ
OZ
61
81
Ll
91
SI
171
Z
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
1011412009 lrlldemari EIIctnJnc 5eIiInh S)5tIm (lL
Browser to return to TESS)
~ - ~11(t- 1centmiddothimiddotf~1k dt-(I) I I I I I I I
Trademarksgt Trademark Electronic Search System (TESS)
TESS _Iasl updated on Wed Oct 10f 080109 EDT 2009
It F(I t1gt~ VI SEARCHOC 3(TTtlM Htf U-- 1oI
~--+----+----~---
I Iagaut IPlease 1og0lJ when you are done to release system resomes alocated for ~lL
I Start I List At OR Jump to conI Record 2 out of 2
NaM i] Ql (Use the Back button of the Internet
Typed Drawing
Word 111 SOVU Goods nd IC 030 US 046 G amp S SOY-8ASED PUDDINGS AND MOUSSES FIRST USE 20020422 Senrices FIRST USE IN COMMERCC 20040820
rk Oring (1)lYPED DRAW~
Code
Seri 1 Hum 76485455
Filing Oil March 3 2003
CntFiling 1ABilm
Origin Filin 1BBilm P litIed far
ber42003Opposition
Re1Jislrillion 2919529
Number
Regislriltion 0 January 18 20115
Owner (REGlSlRANT) LES AlENTS SOYUMMIINC CORPORA11ON CANADA 3655 Rue Redpath Montreal QUEBEC H3G 2W8
Atlumeyof Anessa Owen Kramer
Record
Type of ~rk lRADEMARK
Re1Jister PRINCPAl
LiveDud LIVE
Indicator
JiliN iN hgIIIq rum IptAII HIlaquoMR_6 ilN httpll55LusptD9IIbinIsflowfieldf=
Exhibit F
22
112
