IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN MILWAUKEE DIVISION

ORNUA FOODS NORTH AMERICA, INC., a New York Corporation 1007 Church Street Suite 800 Evanston, IL 60201 and ORNUA CO-OPERATIVE LIMITED, an Ireland Corporation Grattan House Mount Street Lower Dublin 2 Ireland

Plaintiffs, Case No. ______

v.

EUROGOLD USA LLC, a Wisconsin Limited Liability Company 109 South Thompson Road P.O. Box 837 Sun Prairie, WI 53590 and OLD WORLD CREAMERY LLC, a Wisconsin Limited Liability Company 109 South Thompson Road P.O. Box 837 Sun Prairie, WI 53590

Defendants.

COMPLAINT

Plaintiffs Ornua Foods North America, Inc., a New York corporation,

and Ornua Co-Operative Limited, an Irish corporation, (collectively, “Ornua”) for

their Complaint against Defendants Eurogold USA LLC (“Eurogold”), a Wisconsin

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 21 Document 1 limited liability company, and Old World Creamery LLC (“Old World”), a Wisconsin

limited liability company, (collectively, “Defendants”), state and allege as follows:

PRELIMINARY STATEMENT

This is an action for immediate and permanent injunctive relief barring

Defendants from advertising, marketing, distributing, or selling butter products

using trademarks that are identical or substantially similar to Ornua’s federally

registered trademark KERRYGOLD, which is famous in Wisconsin and throughout

the United States for Ornua’s top-quality Irish butter. This Complaint and the declarations filed with it prove that, after negotiating with Ornua for months to package Ornua’s Irish butter under the KERRYGOLD mark, Defendants decided instead to sell Irish butter under a new mark obviously derived from Ornua’s

KERRYGOLD mark: IRISHGOLD. Indeed, Defendants only sought to create their new IRISHGOLD mark in March 2017, just weeks before cutting off discussions concerning their packaging of KERRYGOLD Irish butter, and then announced to the world last Wednesday, April 6, 2017, that they would begin selling under the

IRISHGOLD mark tomorrow, Tuesday, April 11, 2017.

Defendants’ use of the IRISHGOLD mark constitutes willful trademark infringement. Defendants’ choice of the IRISHGOLD mark and packaging substantially similar to the packaging for KERRYGOLD Irish butter shows a deliberate effort to trade off the enormous goodwill and strong reputation that Ornua has built up in the KERRYGOLD brand for

many years. Defendants could have chosen any name for their new product. Instead, they

intentionally chose a name and packaging confusingly similar to the KERRYGOLD mark in

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 21 Document 1 order to take advantage of the publicity surrounding the current unavailability of KERRYGOLD

Irish butter in Wisconsin.

The harm that Defendants will cause, and intend to cause, is incalculable. And it is

made worse here because consumers wanting to purchase Irish butter will likely be misled into

thinking that Defendants’ IRISHGOLD Irish butter is the work-around for selling KERRYGOLD

Irish butter in Wisconsin, and will purchase Defendants’ product thinking it is KERRYGOLD Irish

butter. If Defendants are allowed to make such sales, they will inflict immeasurable destruction to

the good will and reputation associated with the KERRYGOLD mark, developed at great effort and

expense over decades. This kind of harm cannot be fixed with money damages in the future. It can

only be prevented with a restraining order, until such time as Ornua may obtain permanent

injunctive relief.

NATURE OF ACTION

1. This a civil action pursuant to federal and state law concerning

Defendants’ infringement of Ornua’s federally registered KERRYGOLD mark.

Ornua seeks both preliminary and permanent injunctive relief concerning

Defendants’ infringement of the KERRYGOLD mark.

PARTIES

2. Plaintiff Ornua Foods North America, Inc. (“Ornua N.A.”) is a

New York corporation, with its principal place of business located at 1007 Church

Street, Suite 800, Evanston, Illinois 60201.

3. Plaintiff Ornua Co-Operative Limited is an Irish corporation, with its principal place of business located at Grattan House, Mount Street, Lower Dublin 2, Ireland.

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 3 of 21 Document 1 4. Defendant Eurogold is a Wisconsin limited liability company, with its

principal place of business located. upon information and belief, at 109 South Thompson Road,

P.O. Box 837, Sun Prairie, Wisconsin 53590. Eurogold’s registered agent for service of process

is William Benjamin Everson, located at 97 South Pioneer Road, Suite 300, Fond Du Lac,

Wisconsin 54935.

5. Defendant Old World is a Wisconsin limited liability company, with its principal place of business located, upon information and belief, at 109 South Thompson Road,

P.O. Box 837, Sun Prairie, Wisconsin 53590. Old World’s registered agent for service of process is Stephen A. Knaus, located at 109 South Thompson Road, PO Box 837, Sun Prairie,

Wisconsin 53590.

JURISDICTION AND VENUE

6. This action arises under the federal trademark statute (the

“Lanham Act”), 15 U.S.C. § 1051 et seq., and under the laws of the State of

Wisconsin. This Court has subject matter jurisdiction over the federal trademark

and unfair competition claims under 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and

1338. The Court has subject matter jurisdiction over the related Wisconsin state law

claims under 28 U.S.C. § 1367.

7. This Court has personal jurisdiction over Defendants as they are both

Wisconsin limited liability companies with their principal places of business located in the State

of Wisconsin and regularly transact business in the State of Wisconsin and in this judicial

district. Defendants have caused products infringing the KERRYGOLD mark to be advertised

and promoted in this judicial district, and intend to begin selling such products on April 11,

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 4 of 21 Document 1 2017. The causes of action asserted in this Complaint arise out of Defendants’ contacts with this

judicial district. Defendants have further caused injury to Ornua in this judicial district.

8. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) and (c)

because Defendants have extensive contacts with, and conduct business within, the State of

Wisconsin and this judicial district; Defendants have caused products infringing the

KERRYGOLD mark to be advertised and promoted in this judicial district, and intend to begin

selling such products on April 11, 2017; the causes of action asserted in this Complaint arise out

of Defendants’ contacts with this judicial district; and because Defendants have caused injury to

Plaintiffs in this judicial district.

FACTUAL ALLEGATIONS

ORNUA’S BACKGROUND

9. Ornua Foods North America is a wholly owned subsidiary of

Ornua Co-operative Limited, which was formerly known as the Irish Dairy Board Co-

Operative Limited. Ornua Co-operative Limited, which has its headquarters in

Dublin, Ireland, is an agri-food commercial co-operative that is engaged in the purchase, marketing, and sale of consumer dairy products and dairy food ingredients on behalf of its members, Ireland’s dairy processors and Irish dairy farmers. Using the highest quality Irish dairy products from its members, Ornua Co-Operative

Limited sells and markets foods and ingredients; packages and distributes butter, butter spreads, and cheese to retailers; and exports such products to numerous countries around the world. Ornua Co-Operative Limited caused Ornua N.A. to be

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 5 of 21 Document 1 incorporated in the State of New York in 1981 to oversee distribution and marketing of its products in North America, and has licensed to Ornua N.A. the right to use the

KERRYGOLD mark in the United States.

ORNUA’S KERRYGOLD MARK AND PROMOTION THEREOF

10. Ornua has continuously used the KERRYGOLD mark in the

United States in connection with butter for over 15 years. In addition to its common law rights in the KERRYGOLD mark, Ornua owns several federal trademark registrations for KERRYGOLD in connection with butter, as listed below

(collectively, the “KERRYGOLD Registrations”):

Mark Reg. No. Goods Reg. Date

KERRYGOLD Reg. No. 883,443 Dairy products – namely, butter, (Stylized Mark) 12/30/1969 cheese (class 29)

Incontestable

KERRYGOLD & design Reg. No. 1,452,354 Dairy products, excluding ice cream, 8/11/1987 ice milk and frozen yogurt (class 29)

Incontestable

KERRYGOLD MILK FROM Reg. No. 4,518,032 Dairy products, excluding ice-cream, GRASS-FED COWS & design 4/22/2014 ice milk and frozen yoghurt; butter, cheese, butter preparations, namely, lactic butters, sweet cream butters, reduced-fat butter, flavored butters, flavored butter spreads, butters having reduced-cholesterol, butters having reduced saturated fat; cheese preparations, namely, cheddar cheeses, Swiss cheeses, Gouda cheeses, Red

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 6 of 21 Document 1 Mark Reg. No. Goods Reg. Date Leicester cheeses, hard cheeses, semi- hard cheeses, soft cheese, ripened cheeses, cream cheese, farmhouse cheeses, blue cheese, flavored cheeses, cheeses containing herbs, cheeses containing fruit, cheeses containing alcohol, brine salted cheeses, reduced- salt cheeses, cheeses with and without rennet; dairy-based edible spreads; bread spreads, mainly of a mixture of one or more dairy products, especially butter, bread spreads mainly of cheese (class 29) Copies of registration certificates for the KERRYGOLD Registrations are attached as

Exhibit 1 to this Complaint.

11. The federal trademark registration for a stylized version of its

KERRYGOLD mark ( ) issued in 1969 in connection with “dairy products – namely, butter, cheese” and long ago achieved incontestability status

(Reg. No. 883,443). Ornua’s federal trademark registration for its KERRYGOLD

mark as part of a design mark ( ) issued in 1987 in connection with

“dairy products, excluding ice cream, ice milk and frozen yogurt” and has also become incontestable (Reg. No. 1,452,354). A federal trademark registration for

KERRYGOLD as part of an updated design mark ( ), issued in April

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 7 of 21 Document 1 2014, in connection with butter and various other dairy products (Reg. No.

4,518,032).

12. For more than 25 years, Ornua has invested substantial time,

effort, and resources in the promotion of the KERRYGOLD mark and in developing

the association in the public’s mind between the KERRYGOLD mark and high

quality dairy products across North America. Since 2012, Ornua has spent more than $66 million to develop its KERRYGOLD brand in North America. This includes spending on national print media, television advertising, digital and social media, and other advertising. This also includes amounts spent on product demonstrations and

price promotions.

13. As a result of Ornua’s efforts, the public has come to recognize

and rely upon the KERRYGOLD mark as an indication of the high quality associated

with Ornua’s products, particularly Irish butter. In AC Nielsen-measured grocery

outlets, Ornua’s KERRYGOLD Irish butter is the top-selling imported butter in the

United States. Ornua has been especially proud of its successful efforts to develop

awareness and public appreciation of the KERRYGOLD mark in Wisconsin over the

preceding decades.

14. The State of Wisconsin is known worldwide for maintaining high

standards for dairy products, including butter, which sometimes makes it difficult for

non-Wisconsin producers of such products to enter the Wisconsin market. Currently,

for example, retail butter for sale in Wisconsin must bear either a Wisconsin or

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 8 of 21 Document 1 federal grade mark. This has prevented sales of KERRYGOLD butter in Wisconsin

because KERRYGOLD butter is graded, produced and packaged in Ireland.

15. Further, because of the State of Wisconsin’s efforts at maintaining high standards for dairy products, including butter, it is particularly challenging for non-Wisconsin producers of such products to cultivate awareness and public appreciation of their brand identities.

16. Notwithstanding these hurdles, Ornua has developed such strong recognition of its KERRYGOLD mark in Wisconsin that a recent editorial cartoon published in the March 6, 2017 issue of the Wisconsin State Journal expressly referenced the KERRYGOLD mark in the context of addressing the challenges of marketing non-Wisconsin produced butter in the state. A copy of the cartoon is attached as Exhibit 2. Other articles referring to Wisconsin’s requirement, and the difficulty of buying Irish butter in Wisconsin, consistently refer to butter sold under

the KERRYGOLD mark. Copies of three such articles are attached as Exhibits 3, 4,

and 5.

17. After working for many months with the Wisconsin Department

of Agriculture and others, Ornua found a way to make its KERRYGOLD butter more

widely available to Wisconsin consumers. To meet Wisconsin’s requirements, Ornua

would have its butter processed, packaged and graded a second time at a facility in

Wisconsin.

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 9 of 21 Document 1 18. Given its success in developing awareness and public appreciation of the KERRYGOLD brand in Wisconsin, notwithstanding the constrained market for actual sales of products bearing the KERRYGOLD mark, Ornua is confident that, once Ornua has implemented its solution, a great number of Wisconsin citizens will be able to, and will, purchase Ornua’s butter products sold under the KERRYGOLD mark.

19. Ornua began discussions with Weyauwega Cheese, LLC

(“Weyauwega”) in September 2016 to implement the solution described above.

Stephen “Steve” Knaus owns Weyauwega and is its registered agent in Wisconsin.

Relevant documentation from the Wisconsin Office of Financial Institutions is attached as Exhibit 6.

20. After signing a confidentiality agreement, Ornua met with Mr.

Knaus in early October 2016. Ornua disclosed its solution to Mr. Knaus, proposed packaging and grading KERRYGOLD Irish butter at Weyauwega’s facility in

Wisconsin, and shared product specifications and information about specific grading procedures with Mr. Knaus.

21. During the discussions between Ornua and Weyauwega, Ornua conducted an extensive site visit of Weyauwega’s facility and a follow up visit by

Ornua technical personnel to witness the first production run. The parties also conducted successful lab tests. Ornua provided Weyauwega with printed packaging materials bearing the KERRYGOLD mark. Ornua proposed packing KERRYGOLD

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 10 of 21 Document 1 Irish butter in packs of two 4 oz. sticks, packaging that Ornua has used successfully in other American markets. Ornua also shipped 40,000 pounds of KERRYGOLD

Irish butter to Weyauwega, from which Weyauwega processed 417 cases of finished product.

22. During the discussions between Ornua and Weyauwega,

Weyauwega was represented by a Wisconsin attorney named William B. Everson at the law firm of Everson & Gibbs, LLC (“Everson & Gibbs”). A copy of an e-mail chain reflecting Mr. Everson’s role as attorney for Weyauwega is attached as

Exhibit 7. The street address for Everson & Gibbs is 97 South Pioneer Road, Suite

300, Fond du Lac, Wisconsin 54935.

23. In February 2017, Mr. Everson advised Ornua that the packaging agreement the parties had been working on since October 2016 should be in the name of Defendant Old World, instead of Weyauwega. A copy of Mr. Everson’s e-mail message is attached as Exhibit 8. On information and belief, Mr. Knaus owns both

Weyauwega and Old World, and he serves as Old World’s registered agent in

Wisconsin. Relevant documentation from the Wisconsin Office of Financial

Institutions is attached as Exhibit 9.

24. Despite the successful trial runs, Weyauwega, now Old World, started to become less responsive in late February and early March 2017. In early

March 2017, Mr. Knaus confirmed that Old World was considering packaging Irish butter for another company, known as Waterford Butter, at Old World’s Sheboygan

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 11 of 21 Document 1 facility. When Ornua objected, the parties discussed the possibility of an exclusive relationship if Ornua would provide certain volume guarantees. On March 30, 2017,

Mr. Knaus advised Ornua that Old World would be signing an agreement with

Waterford Butter no matter what terms Ornua offered.

DEFENDANTS’ UNLAWFUL ACTS

25. Unbeknownst to Ornua, while Ornua was continuing negotiations with Mr. Knaus as representative of Old World, Mr. Knaus was causing a new business entity to be formed – Defendant Eurogold.

26. Eurogold was formed on March 8, 2017. Relevant documentation from the Wisconsin Office of Financial Institutions is attached as Exhibit 10.

27. On the same day, Eurogold filed a federal trademark application for the mark EUROGOLD, in standard characters, for use in connection with “butter and butter blends.” A copy of the USPTO’s web page reflecting the application is attached as Exhibit 11. As reflected in this trademark application, the attorney who filed the application for the EUROGOLD mark was Nicholas A. Brannen of the

Brannen Law Office, LLC (“Brannen Law”).

28. Mr. Brannen, who filed the EUROGOLD trademark application for Eurogold, shares an office with Mr. Everson, the attorney who negotiated on behalf of Old World concerning an agreement to package Ornua’s butter under the

KERRYGOLD mark.

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 12 of 21 Document 1 29. The street address for Brannen Law is 97 South Pioneer Road,

Suite 300, Fond du Lac, Wisconsin 54935. The street address for Everson & Gibbs is

97 South Pioneer Road, Suite 300, Fond du Lac, Wisconsin 54935.

30. On March 14, 2017, Eurogold filed a second federal trademark application, this time for the mark IRISHGOLD, in standard characters, for use in connection with “butter, butter blends, and cheese.” A copy of the USPTO’s web page reflecting the application is attached as Exhibit 12. The application for the

IRISHGOLD mark was again filed by Mr. Brannen. On March 30, 2017, Mr. Knaus caused yet another new business entity to be formed – Irishgold USA, LLC

(“Irishgold”). Relevant documentation from the Wisconsin Office of Financial

Institutions is attached as Exhibit 13.

31. On April 6, 2017, a press release was issued by Leonard & Finco

Public Relations, Inc. featuring a combined Old World Creamery / Irishgold letterhead. A copy of the press release is attached as Exhibit 14.

32. In the press release, Old World announced that it will be launching the sale of Irish butter under the IRISHGOLD mark on Tuesday, April 11,

2017 at 9 A.M. The press release details Old World’s plans to sell IRISHGOLD Irish butter at Woodman’s Market locations throughout the state.

33. The IRISHGOLD mark and its associated packaging is substantially similar to the KERRYGOLD mark and its associated packaging and is highly likely to cause confusion in the market.

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 13 of 21 Document 1 34. Among the ways that the IRISHGOLD mark and its associated packaging are substantially similar to the KERRYGOLD Marks are:

• The terms “Irishgold” and “Kerrygold” are similar in sound and appearance – consisting of a two-syllable term preceding the word “gold” – and are virtually identical in meaning and connotation as “Kerry” is a well- known county in Ireland.

• The IRISHGOLD mark and KERRYGOLD mark are being used to promote identical – and directly competitive – products: “Pure Irish Butter.”

• The packaging bearing the IRISHGOLD mark uses what appears to be the identical or substantially identical font for the term “Pure Irish Butter” as it appears on packaging for KERRYGOLD butter.

• The packaging bearing the IRISHGOLD mark depicts black and white dairy cattle grazing in a field of green grass, just as packaging for KERRYGOLD butter features a black and white dairy cow grazing in a field of green grass. The cow and grass elements are incorporated into the design marks Ornua has registered as Reg. Nos. 4,518,032 and 1,452,354.

35. Among the ways that the IRISHGOLD mark and its associated packaging are likely to cause confusion in the market, beyond its direct similarity to the KERRYGOLD mark and its associated packaging, as discussed above, are the following:

• Both the IRISHGOLD mark and KERRYGOLD mark are being used to market identical products that directly compete against one another.

• Upon information and belief, based on the April 7, 2017 press release, butter bearing the IRISHGOLD mark and KERRYGOLD mark will both be marketed to consumers through the same marketing channel, i.e., supermarkets.

• The products are relatively low cost, making it less likely that consumers will carefully scrutinize the small differences between packaging bearing the IRISHGOLD mark and packaging bearing the KERRYGOLD mark.

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 14 of 21 Document 1 Images of packaging for IRISHGOLD butter (from the web site at www.owcreamery.com) and of KERRYGOLD butter are attached as part of

Exhibit 15.

36. The likelihood of confusion is not hypothetical. On April 7, 2017, the Chicago Tribune published an Associated Press news story discussing the aforementioned press release announcing the imminent sale of butter under the

IRISHGOLD mark, but illustrated the story with a photograph of Ornua’s

KERRYGOLD-branded butter. A copy of the Chicago Tribune article is attached as

Exhibit 16.

37. Ornua’s monitoring of social networking sites further indicates that a growing number of individuals are interpreting media coverage of the launch of products bearing the IRISHGOLD mark as indicating that Ornua’s KERRYGOLD products are or are about to become significantly more available in Wisconsin.

Samples of such social networking comments are attached as Exhibit 17.

38. The likelihood of confusion is also not accidental. Eurogold and

Old World could have chosen any number of potential marks for their butter products. The most obvious choice would have been to use the marks of Waterford

Butter, the company whose butter Mr. Knaus said Old World would be packaging.

Instead, after negotiating with Ornua for months to package butter under the

KERRYGOLD marks, Mr. Knaus cut off discussions and decided to sell butter using

Eurogold’s obviously derivative IRISHGOLD mark, using packaging substantially

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 15 of 21 Document 1 similar to packaging for KERRYGOLD Irish butter. Leaving nothing to chance, he also formed a new Wisconsin company called Irishgold. On information and belief, these choices were not accidental. They were and are deliberate attempts to trade off of the good will and strong reputation of Ornua’s KERRYGOLD mark in violation of

Ornua’s rights under federal and state law.

39. Given the manifest confusion arising even before products bearing the IRISHGOLD mark enter the market in full force, Ornua is already suffering irreparable harm to its KERRYGOLD mark and the goodwill and reputation therein.

FIRST CAUSE OF ACTION

(Federal Trademark Infringement under 15 U.S.C. § 1114)

40. Ornua realleges and incorporates herein the allegations contained in the foregoing paragraphs of this Complaint.

41. The actions of Defendants described above and specifically, without limitation, their use of the IRISHGOLD mark in commerce to advertise, promote, market, and sell butter in the United States, and particularly in Wisconsin, is likely to cause confusion, or to cause mistake, or to deceive, and therefor constitutes infringement of Ornua’s federal registered KERRYGOLD mark, in violation of 15 U.S.C. § 1114.

42. The actions of Defendants, if not enjoined, will continue. Ornua has suffered and continues to suffer diminution in the value of and goodwill

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 16 of 21 Document 1 associated with the KERRYGOLD mark, and injury to Ornua’s business. Ornua is therefore entitled to injunctive relief pursuant to 15 U.S.C. § 1116.

43. Furthermore, Ornua is informed and believes, and on that basis alleges, that the actions of Defendants were undertaken willfully and with the intention of causing confusion, mistake, or deception, making this an exceptional case entitling Ornua to recover reasonable attorney fees pursuant to 15 U.S.C. § 1117.

SECOND CAUSE OF ACTION

(Federal Unfair Competition and False Advertising under 15 U.S.C. § 1125(a))

44. Ornua realleges and incorporates herein the allegations contained in the foregoing paragraphs of this Complaint.

45. The actions of Defendants described above and specifically, without limitation, their use of the IRISHGOLD mark and associated packaging in commerce to advertise, promote, market, and sell butter in the United States, and particularly in Wisconsin, is a false designation of origin; is a false representation; wrongfully and falsely designates the origin of Defendants’ goods as originating from or being associated or affiliated with Ornua and its well-known goods; and is a false description or representation in interstate commerce in violation of 15 U.S.C. §

1125(a).

46. The deception is material to consumers’ purchasing decisions, and consumers are likely to be misled and deceived by Defendants’ representations regarding butter products bearing the IRISHGOLD name and associated packaging.

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 17 of 21 Document 1 Actual deception has already resulted as shown in the article discussing Old World’s

product but featuring Ornua’s butter and KERRYGOLD mark.

47. Defendants knew or should have known that their

representations were and are false and likely to mislead.

48. Defendants’ use of the IRISHGOLD mark and associated

packaging in connection with butter is likely to cause confusion, mistake, or

deception among consumers as to the affiliation, connection, endorsement,

sponsorship or association of Defendants’ goods with Ornua and its goods.

49. As an actual and proximate result of Defendants’ willful and intentional actions, Ornua has suffered and will continue to suffer irreparable harm to its business, reputation, and goodwill. The actions of Defendants, if not enjoined, will continue. Ornua has suffered and continues to suffer diminution in the value of and goodwill associated with the Marks, and injury to Ornua’s business. Ornua is therefore entitled to injunctive relief pursuant to 15 U.S.C. § 1116.

50. Furthermore, Ornua is informed and believes, and on that basis

alleges, that the actions of Defendants were undertaken willfully and with the

intention of causing confusion, mistake, or deception, making this an exceptional case

entitling Ornua to recover reasonable attorney fees pursuant to 15 U.S.C. § 1117.

THIRD CAUSE OF ACTION

(Federal Trademark Dilution under 15 U.S.C. §1125(c))

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 18 of 21 Document 1 51. Ornua realleges and incorporates herein the allegations contained in the foregoing paragraphs of this Complaint.

52. The KERRYGOLD mark is because it is widely recognized by the general consuming public of the United States as a designation of source of Ornua’s

Irish butter products due to, among other things, the extent of Ornua’s advertising and publicity of the KERRYGOLD mark and the amount and extent of sales under the KERRYGOLD mark.

53. Defendants adopted their infringing IRISHGOLD name after the

KERRYGOLD mark became famous.

54. Defendants use of the infringing IRISHGOLD name is commercial and in commerce under 15 U.S.C. § 1125(c)(1).

55. The actions of Defendants described above and specifically, without limitation, their use of the IRISHGOLD name and associated packaging in commerce to advertise, promote, market, and sell butter in the United States, and particularly in Wisconsin, are likely to cause dilution of the KERRYGOLD Marks by blurring and tarnishing in violation of 15 U.S.C. § 1125(c).

56. The actions of Defendants, if not enjoined, will continue. Ornua has suffered and continues to suffer, among other things, diminution in the value of and goodwill associated with the Marks, and injury to Ornua’s business. Ornua is therefore entitled to injunctive relief pursuant to 15 U.S.C. § 1116 and 15 U.S.C.

1125(c).

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 19 of 21 Document 1 57. On information and belief, the actions of Defendants described

above were and continue to be deliberate and willful. Ornua is therefore entitled to

recover its costs and reasonable attorney fees pursuant to 15 U.S.C. § 1117.

FOURTH CAUSE OF ACTION

(Common Law Unfair Competition Under Wisconsin Law – Misappropriation)

58. Ornua realleges and incorporates herein the allegations contained in the

foregoing paragraphs of this Complaint.

59. Ornua has expended considerable time, labor, and money on creating the

positive reputation of Irish butter under the KERRYGOLD mark in Wisconsin.

60. Defendants have set themselves up as competitors with Ornua by offering

Irish butter for sale in Wisconsin, under the IRISHGOLD mark and associated packaging,

through the same sales channels that Ornua uses or would seek to use for the sale of products

bearing the KERRYGOLD mark.

61. Defendants have misappropriated the positive brand identity and market share created by Ornua through their use of substantially similar marks that are likely to cause and have caused customer confusion.

62. As a direct and proximate result of Defendants’ willful and intentional actions, Ornua has suffered and will continue to suffer irreparable harm and damage to its business, reputation, and goodwill, entitling Ornua to injunctive relief.

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 20 of 21 Document 1 PRAYER FOR RELIEF

WHEREFORE, Plaintiffs Ornua Food North America, Inc. and Ornua

Co-Operative Limited pray for judgment in their favor and against Defendants

Eurogold USA LLC and Old World Creamery LLC (collectively, “Defendants”) as follows:

a) Award to Ornua preliminary and permanent injunctive relief, including (i) barring Defendants from advertising, marketing, distributing, or selling any butter products using any marks identical or substantially similar to Ornua’s KERRYGOLD mark, (ii) ordering Defendants to destroy all marketing material and packaging containing marks identical or substantially similar to Ornua’s KERRYGOLD mark;

b) Award to Ornua of its costs and reasonable attorney fees; and

c) Award to Ornua such other relief as the Court deems appropriate.

KRAVIT, HOVEL & KRAWCZYK S.C.

s/ Michael D. Huitink Michael D. Huitink Attorneys for Plaintiffs Ornua Food North America, Inc., and Ornua Co-Operative Limited Kravit, Hovel & Krawczyk s.c. 825 North Jefferson - Fifth Floor Milwaukee, WI 53202 (414) 271-7100 - Telephone (414) 271-8135 - Facsimile [email protected]

Dated: April 10, 2017

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 21 of 21 Document 1

EXHIBIT 1

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 5 Document 1-1 Int. Cl.: 29 Prior U.S. Cl.: 46 Reg. No. 883,443 United States Patent and Trademark Office Registered Dec. 30, 1969 10 Year Renewal Renewal Approved Mar. 5, 1990

TRADEMARK PRINCIPAL REGISTER keRRygolo

AN BORD BAINNE CO-OPERATIVE FOR: DAIRY PRODUCTS-NAMELY, LIMITED (IRELAND CORPORATION) BUTTER, CHEESE AND CREAM [; GRATTAN HOUSE MILK CHOCOLATE (MILLED)), IN MOUNT STREET LOWER CLASS 46 (INT. CL. 29). DUBLIN, IRELAND, ASSIGNEE OF AN FIRST USE 4-1-1967; IN COMMERCE BORD BAINNE (IRELAND CORPORA­ 6-29-1967. TION) DUBLIN 2, IRELAND OWNER OF IRELAND REG. NO. SER. NO. 72-301,383, FILED 6-3-1968. 869645, DATED 5-12-1965.

In testimony whereof I have hereunto set my hand and caused the seal of The Patent and Trademark Office to be affixed on Apr. 17, 1990.

COMMISSIONER OF PATENTS AND TRADEMARKS

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 5 Document 1-1 Int. Cis.: 29 and 30

Prior U.S. CI.: 46 Reg. No. 1,452,354 United States Patent and Trademark Office Registered Aug. 11, 1987

TRADEMARK PRINCIPAL REGISTER

AN BORD BAINNE CO-OPERATIVE LIMITED FOR: FROZEN YOGURT, IN CLASS 30 (U.S. (IRELAND INDUSTRIAL AND PROVIDENT CL. 46). SOCIETY) OWNER OF IRELAND REG. NO. ~06110, GRAIT AN HOUSE, MOUNT STREET LOWER DATED 6-23-1981, EXPIRES 6-22-1988. DUBLIN, IRELAND OWNER OF U.S. REG. NO. 883,443. FOR: DAIRY PRODUCTS, EXCLUDING ICE CREAM, ICE MILK AND FROZEN YOGURT, SER. NO. 614,534, FILED 8-13-1986. IN CLASS 29 (U.S. CL. 46). FIRST USE 6-0-1981; IN COMMERCE CHRISTOPHER W. WELLS, EXAMINING AT· 6-0-1981. TORNEY

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 3 of 5 Document 1-1 Reg. No. 4,518,032 THE IRJSH DAIRY BOARD CO-OPERATIVE LIMITED ORELAND BODY CORJ'ORATE) GRATTAN HOUSE Registered Apr. 22,2014 MOUNT STREETLOWER DUBLIN. 2, 1RELAND Int. Cl.: 29 FOR: DA IRY PRODUCTS. EXCLUDING ICE· CREAM, ICE MJLKAND FROZEN YOGHURT; BUTTER, CHEESE, BUHER PREPARATIONS, NAMELY, LACilC BUTTERS. SWEET TRADEMARK CREAM BUTTERS, REDUCED-FAT BUTTER. FLAVOURED BUHERS, FLAVOURED BUTTER SPREADS. BUTfERS HAVING REDUCED-CHOLESTEROL, BUTTERS HAVING l'RINCIPAL REGISTER REDUCED SATURATED FAT; CHEESE PREPARATIONS, NAMELY, CHEDDAR CHEESES, SWISS CHEESES. GOUDA CHEESES. RED LEICESTER CHEESES,HARD CHEESES, SEMJ· HARD CHEESES, SOFT CHEESE. RJPENED CHEESES. CREAM CHEESE. FA RMHOUSE CHEESES. BLUE CHEESE, FLAVOURED CHEESES, CHEESES CONTAINING HERBS, CHEESES CONli\INING FRUIT, CHEESES CONli\INING ALCOHOL, BRINE SALTED CHEESES. REDUCED-SALT CHEESES. CHEESES WITH AND Will-lOUT RENNET; DAIRY· BASED EDIBLE SPREADS; BREAD SPREADS. MAINLY 01' A ~

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NO CLA IM IS MADE TO HIE EXCLUSIVE RJGHT TO USE "MILK FROM GRASS-FED COWS", APART FROM THE MARK AS SHOWN.

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 4 of 5 Document 1-1 Reg. No. 4,518,032 JOl-IN DAUER, EXAMINING ATTORNEY

Page: 2 / Rl\ # 4.518.032

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 5 of 5 Document 1-1

EXHIBIT 2

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 3 Document 1-2 4/7/2017 Hands on Wisconsin: Wisconsin laws are tougher on butter than drunken driving | Opinion | Cartoon | host.madison.com

http://host.madison.com/wsj/opinion/cartoon/hands­on­wisconsin­wisconsin­laws­are­tougher­on­butter­than/article_b2e758bb­1c0b­59a4­aafd­489c6a6e6bc6.html

TOPICAL FEATURED Hands on Wisconsin: Wisconsin laws are tougher on butter than drunken driving

PHIL HANDS [email protected] Mar 6, 2017

Buy Now

Fans of Kerrygold butter have been forced to cross state lines to purchase the imported Irish dairy product thanks to arcane Wisconsin state regulations.

More information

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 3 Document 1-2 http://host.madison.com/wsj/opinion/cartoon/hands­on­wisconsin­wisconsin­laws­are­tougher­on­butter­than/article_b2e758bb­1c0b­59a4­aafd­489c6a6e6bc6.… 1/2 4/7/2017 Hands on Wisconsin: Wisconsin laws are tougher on butter than drunken driving | Opinion | Cartoon | host.madison.com

Thanks to state rules, fans still must cross state lines to buy Irish-made butter

Phil Hands | Wisconsin State Journal Editorial Cartoonist and Features Assistant for the Wisconsin State Journal

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 14 Document 1-3 4/7/2017 Wisconsin’s Irish butter ban spurs statewide dairy debacle | Fox News

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S H O P P I N G Wisconsin’s Irish butter ban spurs statewide dairy debacle

Published February 23, 2017 FoxNews.com

(Kerrygold)

Kerrygold, an Irish butter made with grass fed cow's milk, is no longer welcome in America’s Dairyland­­ and Wisconsonites are now crossing state lines to find it.

According to a Wisconson law enacted in the 1970s, the state only allows Grade A milk products to be distributed within its borders, reports Milwaukee Magazine. But Kerrygold, the number­one imported butter brand in the U.S., isn’t issued a letter grade like American­made dairy products.

Wisconsin has since banned the sale of the gold­and­silver foiled butter but Kerrygold is legal in all other states.

THE TRUTH ABOUT BUYING AND STORING BUTTER

"Under Wisconsin legislation, retail butter for sale in Wisconsin must bear either a Wisconsin or federal grade mark,” explained Kerrygold’s parent company, Ornua North America, in a statement issued to the Irish Farmers Journal.

“This effectively excludes Kerrygold butter being sold in Wisconsin because Kerrygold butter is graded, produced and packaged in Ireland.”

Lisa Miller, the marketing director at Ornua, adds that while Kerrygold’s inspection process is a “little bit different from the process here, the standards are universally very high." Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 14 Document 1-3 http://www.foxnews.com/food­drink/2017/02/23/wisconsin­s­irish­butter­ban­spurs­statewide­dairy­debacle.html 1/13 4/7/2017 Wisconsin’s Irish butter ban spurs statewide dairy debacle | Fox News HOW TO MAKE BULLETPROOF 'BUTTER' COFFEE

Still, Wisconsin dairy distributors who violate the law could face fines of $1000 or more­­ and up to six months in jail.

The state's ban has already outraged some of Kerrygold’s biggest fans. Jean Smith, who lives in Waukesha and drinks butter­infused tea every morning, told Milwaukee’s WTMJ news that she “want[s] to please ask whoever it is that's preventing me from getting butter in our stores here to stop it.”

Smith has also admitted to making regular trips to Nebraska to stock up on her preferred brand.

“I'm hauling Kerrygold back in my suitcase and my coolers," she told WTMJ.

Many butter fans have expressed their disappointment on social media.

Hugh Gillanders Follow @HughGillanders

wont be travelling anytime soon to Wisconsin ­ ban on @kerrygold butter ­ a great taste of #Ireland ­ really whats that about?...... pic.twitter.com/jjmOICwOk1 8:30 AM ­ 22 Feb 2017 17 29

Brian Kilgallen Follow @Mossyvet

Unfortunate, but hopefully temporary. Sure a solution can be found. Wisconsin’s Kerrygold butter ban makes headlines farmersjournal.ie/wisconsin­s­ke… 2:26 AM ­ 22 Feb 2017

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But Kerrygold’s enthusiasts may not want to follow in her footsteps just yet, because Ornua has already announced the company's intentions to work out a way to bring Kerrygold back to the state.

"We are currently working with the Wisconsin authorities on a solution which will enable consumers throughout the state enjoy the great taste of Kerrygold butter," Ornua's statement said.

The brand has yet to announce a timeframe for when its products may be available in Wisconsin.

A representative for Kerrygold was not immediately available for comment.

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 3 of 14 Document 1-3 http://www.foxnews.com/food­drink/2017/02/23/wisconsin­s­irish­butter­ban­spurs­statewide­dairy­debacle.html 2/13 4/7/2017 Wisconsin’s Irish butter ban spurs statewide dairy debacle | Fox News

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 4 of 14 Document 1-3 http://www.foxnews.com/food­drink/2017/02/23/wisconsin­s­irish­butter­ban­spurs­statewide­dairy­debacle.html 3/13 4/7/2017 Wisconsin’s Irish butter ban spurs statewide dairy debacle | Fox News

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USAFBen 3 days ago Kerrygold is great butter. The best butter I ever had was on the island of Terceira, Azores.

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Chuck_V Mar 21, 2017 Just hold another Jill Stein led recount in Wisconsin and it will be OK.

1 Like Reply

wackadoodle1 Mar 20, 2017 so buy some cream and shake your own butter.

1 Like Reply

Blaine Garver Mar 13, 2017 <|;­) Must be kids day in the comment section.

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dodiejane Mar 12, 2017 Their butter is pure. Unlike any of the GMO food in the US.

1 Like Reply

SoWhatSup Mar 12, 2017 @dodiejane ^^^ Nutcase.

2 Like Reply

JakeKinkaid 9 days ago @dodiejane Sorry but our butter here in Wisconsin is pure and natural right from the farm.. Why don't you use some facts first. Case 2:17-cv-00510-JPS Filed 04/10/17 Page 5 of 14 Document 1-3 http://www.foxnews.com/food­drink/2017/02/23/wisconsin­s­irish­butter­ban­spurs­statewide­dairy­debacle.html 4/13 4/7/2017 Wisconsin’s Irish butter ban spurs statewide dairy debacle | Fox News Or do you think our cows spit out margarine?

Like Reply

KeithGlass 7 days ago @dodiejane Who cares if it's GMO or not. It's just some of the finest butter on the planet. I don't care if they get it from Space Cows. . .

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peterson1327 Mar 8, 2017 There is still an irish butter available that is gaining ground in Wisconsin and equally as good if not better. It's available at Outpost locations and Health Hut in West Allis and Brookfield­ It's Waterford brand. Comes in Salted and Unsalted and it's Grade A.. legal in Wisconsin :) won't be going away­­ try that instead of traveling out of state!!

Like Reply

Donttakemymoney54636 Mar 7, 2017 want to read a stupid federal milk price regulation law ­ research "Eau Claire rule". Your tax dollars at work. I want the government to set the price of oranges based off the distance from FL and CA so I can start growing them here in WI. :)

3 Like Reply

Latriot Mar 3, 2017 If it was Butter from Somolia they wouldn't dare ban it, but IRISH butter is OK to ban. WisconSIN is full of RACIST!!

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chiphenry Mar 19, 2017 Government has the responsibility to protect it's citizens. It doesn't sound any different than that. Besides, we voted that president and his ilk out this past election.

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USAFBen 3 days ago @Latriot No. It's full of politicians and special interests ­­ same as every other State.

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NotStupid0rDumb Mar 3, 2017 California bans eggs sales from places that fail to provide a large enough cage for the laying chicken. New York says you can sell Hamburger made from horse meats mixed with beef and still call it 100% ground meat. Laws are screwy every where! Case 2:17-cv-00510-JPS Filed 04/10/17 Page 6 of 14 Document 1-3 http://www.foxnews.com/food­drink/2017/02/23/wisconsin­s­irish­butter­ban­spurs­statewide­dairy­debacle.html 5/13 4/7/2017 Wisconsin’s Irish butter ban spurs statewide dairy debacle | Fox News

2 Like Reply

NotStupid0rDumb Mar 3, 2017 Having grown up in Wisconsin..... I have a problem "Smith has also admitted to making regular trips to Nebraska to stock up on her preferred brand." this sound totally made up... from her alleged home to the nearest point in Nebraska. This regular trip requires a 200 mile drive across Wisconsin, then a 450 mile drive across Iowa. Some 700 miles for the butter she can not live with out. But she can get the same butter in Illinois just 60 miles south of where she lives.... FAKE and Made up sure sounds like it!

Wisconsin banned oleo sales for a long time, I do remember my parents driving just over the State line to buy it by the case. But no member of any family in Wisconsin would ever need to travel 700 miles, even if they lived in the center of the State. That trip would be 150 miles max. WTMJ the liberal station is Lying, Faking and deliberately creating false story to make the Republicans controlling the State look bad. Sorry to tell WTMJ that Grading law was passed under a Democrat Governor.

4 Like Reply

per89 Mar 3, 2017 Stupid.

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JulieWaters Mar 3, 2017 The is UnAmerican and UnCow.

You racist UnCow people of Wisconsin.

2 Like Reply

kenward42 Mar 3, 2017 @JulieWaters Wisconsin produces the best dairy products, butter, milk and cheese and cheese curds in the USA. So Wisconsin residents don't need imported dairy products of any kind.

Like Reply

johnnybowe Mar 13, 2017 @kenward42 @JulieWaters Wow, that was a stupid comment. What does it have to do with preventing a Wisconsin consumer from having the choice?

2 Like Reply

Tinipay Mar 2, 2017

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 7 of 14 Document 1-3 http://www.foxnews.com/food­drink/2017/02/23/wisconsin­s­irish­butter­ban­spurs­statewide­dairy­debacle.html 6/13 4/7/2017 Wisconsin’s Irish butter ban spurs statewide dairy debacle | Fox News

You guys are going crazy. I will buy and consume Milk, butter, cream, sweetened condensed, cheese and cottage cheese and put it all on ice cream if I want to. My wife is not fond of the after affects but has calcium and protein. My feathers don't get ruffled.

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MPMcDonald Mar 2, 2017 Now I know why I couldn't find the Kerry Gold butter at my local Aldi last week. I'd seen an Aldi 'specials' ad online that day and I thought the butter was on sale. When I didn't find the butter, I figured the sale is actually this week because I'd looked at this week's ad too. (and that might be the case) But there was no Kerry Gold butter at all in the case. I saw Kerry Gold cheeses, but no butter. :/ I've never had it and was using the sale as a reason to try it because I've heard it's so good. Luckily, I'm on the border between WI/IL, so I'll just drive into IL and buy some at that Aldi.

1 Like Reply

1937fordcoupe Mar 1, 2017 The Amish make butter that is was better then Kerrigold. Shop local.

2 Like Reply

kel208 Mar 2, 2017 @1937fordcoupe The Amish often use inhumane conditions for their dairy operations. I always shop local when possible, but not if that involves animal cruelty or toxins in our food supply.

1 Like Reply

NotStupid0rDumb Mar 3, 2017 @kel208 @1937fordcoupe OH on god, they let their cows to eat grass and Cows get hand milked. So inhumane...LOL

1 Like Reply

clevelanduberman Mar 1, 2017 The ban was a union tactic in the first place, no doubt. Most of these sinister, poorly conceived regulations are. Let the free market rule people. It will work itself out and more fairly.

2 Like Reply

DHyde1 Mar 1, 2017 I see from your posted link that you have to work 4 day jobs to afford a MINI Cooper. Maybe now that Trump is President, you can afford one on only 3 jobs, and you'll actually have time to drive it.

1 Like Reply Case 2:17-cv-00510-JPS Filed 04/10/17 Page 8 of 14 Document 1-3 http://www.foxnews.com/food­drink/2017/02/23/wisconsin­s­irish­butter­ban­spurs­statewide­dairy­debacle.html 7/13 4/7/2017 Wisconsin’s Irish butter ban spurs statewide dairy debacle | Fox News

kacazofis Mar 1, 2017 my Aunty Violet just got a new blue MINI Cooper Clubvan Wagon only from working part­

time off a pc at home... see here now......

❥❥★★★ ­­­­­w w w . 4 d a y j o b s . c o m­­­­

Like Reply

steve_in_nj Mar 2, 2017 @kacazofis

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1 Like Reply

TJMc Mar 17, 2017 @kacazofis No you misunderstood, your Aunty Violet gives 4 bl@w jobs a day. That is how she makes the payment on her Mini Cooper.

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2hotel9 Feb 28, 2017 Oh, and the law was not protectionism for dairy lobby, it was to stop importation of substandard food from outside the US. You know? Protecting the people of America from food products that were untested for contamination. Morons.

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handyman7748 Feb 28, 2017 @2hotel9 you would be the moron if you cant see whats going on here

2 Like Reply

TrumpbowstoPutin Feb 28, 2017 @2hotel9

The republican congress recently changed the law so that meat does not need its country of origin disclosed. Making AMERICA GREAT, ONE CHINESE STEAK AT A TIME, THANKS TRUMPANZEES!

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DHyde1 Mar 1, 2017 Case 2:17-cv-00510-JPS Filed 04/10/17 Page 9 of 14 Document 1-3 http://www.foxnews.com/food­drink/2017/02/23/wisconsin­s­irish­butter­ban­spurs­statewide­dairy­debacle.html 8/13 4/7/2017 Wisconsin’s Irish butter ban spurs statewide dairy debacle | Fox News

@TrumpbowstoPutin @2hotel9 You're welcome, Obummernuts.

1 Like Reply

NotStupid0rDumb Mar 3, 2017 @DHyde1 @TrumpbowstoPutin @2hotel9 Obumber's nuts were also Imported and never received a passing grade either LOL

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CraigM01 Mar 1, 2017 @TrumpbowstoPutin @2hotel9 What is wrong with that? If the country of origin is important then don't buy meat that is not labeled with it. What gets me is when food products represent a product as a product of _____ (you fill in the state) because that is where the product headquarters is when it is really an imported product.

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chiphenry Mar 19, 2017 If it says 'Distributed out of ...' then you know it's imported, and it's safe to assume China, but not so sure it's safe to eat. They are not a scrupulous people. I understand China processes much of our chicken now. Our Tyson plant up the road is slower than since we've been here but I'm told they have an airport dedicated to shipping between here and China.

All food should be forced to list country of origin, and Walmart would be the most affected.

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NotStupid0rDumb Mar 3, 2017 @TrumpbowstoPutin @2hotel9 A law signed by Obama, written by a Democrat, passed by more Democrats then Republican vote...... Press on kool­ aid drinker

1 Like Reply

chiphenry Mar 19, 2017 Did Trump bow and kiss the Saudi king?? NO. So shut up. @NotStupid0rDumb @TrumpbowstoPutin @2hotel9

Like Reply Case 2:17-cv-00510-JPS Filed 04/10/17 Page 10 of 14 Document 1-3 http://www.foxnews.com/food­drink/2017/02/23/wisconsin­s­irish­butter­ban­spurs­statewide­dairy­debacle.html 9/13 4/7/2017 Wisconsin’s Irish butter ban spurs statewide dairy debacle | Fox News

CraigM01 Mar 1, 2017 @2hotel9 You have not clue. This was absolutely to protect the dairy industry in Wisconsin. This is not the only such law in Wisconsin to protect the dairy industry. There is a ban on raw milk in Wisconsin to protect the large industrial dairy farms squeezing out the small farms that can not sell locally. Then there is the requirement that restaurants provide butter rather than margarine. Wisconsin also banned the sale of margarine for years to protect the dairy industry.

It has nothing to do with ensuring the safety of the product. The requirement is all about where the dairy came from not the safety of it.

1 Like Reply

NotStupid0rDumb Mar 3, 2017 @CraigM01 @2hotel9 Wisconsin laws states Butter served in food places must be clearly labeled as Butter, so when served the business is not passing margarine off as butter.(Like Movie Theaters asking you want butter on your popcorn then pouring flavored oil on it calling it butter) Not that margarine can not be served, but butter must be available at all times if asked for. .

Totally different then what your claiming.

1 Like Reply

NotStupid0rDumb Mar 3, 2017 @CraigM01 @2hotel9 Raw milk sales bans exist in many States from New Jersey to California. Those States say it a health and safety issue.... and are Democrat run States. And they voted for Hillary..... LOL I guess your right it all about Political Business and bribes.

1 Like Reply

yujiyeluk Feb 28, 2017 Wallace: My total earnings for first month was very low... Just little over $250, but it was then when I realized this is the real deal and not yet another scam you see all over the internet! There are no words to describe the feeling you get when your first paycheck arrives and what excitement I felt at that moment realizing that making money from home is in fact very possible. After my first month I dedicated more time and put more effort in working this and my second month was already much more better (2nd paycheck I got was for $990)... Now, 6 months later, I am earning just over $2500 a month . I am a little slow with my work and I am not that good with computers and that's why I think a younger person could be able to earn much much more than this...❥❥★★★ ______w w w . 4 d a y j o b s . c o ­ m______????????? Case 2:17-cv-00510-JPS Filed 04/10/17 Page 11 of 14 Document 1-3 http://www.foxnews.com/food­drink/2017/02/23/wisconsin­s­irish­butter­ban­spurs­statewide­dairy­debacle.html 10/13 4/7/2017 Wisconsin’s Irish butter ban spurs statewide dairy debacle | Fox News

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dandaman58 Feb 28, 2017 @yujiyeluk Let me guess. You're smuggling Kerrygold Butter.

4 Like Reply

DHyde1 Mar 1, 2017 @yujiyeluk ; say, are you and kacazofis related to the Festrunk brothers???

1 Like Reply

steve_in_nj Mar 2, 2017 @yujiyeluk

spam spamspamspamspamspamspamspamspamspamspamspam spamspamspam

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1 Like Reply

DanTaylor2013 Mar 16, 2017 @yujiyeluk Stop the spam LIAR...

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tsandar Feb 28, 2017 It is way better than what the local yokels can make so they ban it to force sell their own mediocre brands

3 Like Reply

Stephen48739 Feb 27, 2017 Having grown up in Wisconsin, I remember the jokes about Oleo smugglers from Chicago. We had to purchase license plates for our bicycles and it was also illegal to drive a semi­ truck on Sundays. We had Bart Star and Vince Lombardi too, so that made it all much better living there. :)

1 Like Reply

Enderceptor13 Feb 27, 2017 Then organize and kick your politicians out of office. Yet one more example of the government thinking they know what is good for us when in truth they are clueless.

3 Like Reply

breakingnews Feb 27, 2017 Another stupid law issued by corrupt lawmakers paid off by the dairy industry? Case 2:17-cv-00510-JPS Filed 04/10/17 Page 12 of 14 Document 1-3 http://www.foxnews.com/food­drink/2017/02/23/wisconsin­s­irish­butter­ban­spurs­statewide­dairy­debacle.html 11/13 4/7/2017 Wisconsin’s Irish butter ban spurs statewide dairy debacle | Fox News

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 13 of 14 Document 1-3 http://www.foxnews.com/food­drink/2017/02/23/wisconsin­s­irish­butter­ban­spurs­statewide­dairy­debacle.html 12/13 4/7/2017 Wisconsin’s Irish butter ban spurs statewide dairy debacle | Fox News

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 14 of 14 Document 1-3 http://www.foxnews.com/food­drink/2017/02/23/wisconsin­s­irish­butter­ban­spurs­statewide­dairy­debacle.html 13/13

EXHIBIT 4

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 6 Document 1-4 4/7/2017 Thanks to state rules, fans still must cross state lines to buy Irish­made butter | Madison Wisconsin Business News | host.madison.com

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http://host.madison.com/wsj/business/thanks­to­state­rules­fans­still­must­cross­state­lines/article_83e95cfb­360d­5c78­896b­9a41e8b4e714.html

FEATURED

RETAIL | Thanks to state rules, fans still must cross state lines to buy Irish-made butter

LARRY AVILA [email protected] Mar 6, 2017

Ornua North America Kerrygold butter, which is produced in Ireland, cannot be sold in Wisconsin because of a state law prohibiting the sale of butter in the state unless it has a Wisconsin or federal grade mark.

Managers of Schnucks grocery store, just across the state line in northern Illinois, don’t find it unusual to serve shoppers from Wisconsin.

Some of them aren’t everyday shoppers but butter bootleggers, stocking up on an acclaimed Irish­made butter that cannot be sold in Wisconsin due to a 1954 Dairy State law prohibiting the sale of butter without either a Wisconsin or federal grade mark.

So Wisconsin fans of Kerrygold butter, which is graded, produced and packaged in Ireland, have had to either buy it online or venture to a neighboring state that has looser butter regulations than Wisconsin.

Larry Larson, who oversees the dairy and frozen foods departments at Schnucks in Roscoe, Illinois, 4 miles south of the Wisconsin border, hopes for the latter.

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 6 Document 1-4 http://host.madison.com/wsj/business/thanks­to­state­rules­fans­still­must­cross­state­lines/article_83e95cfb­360d­5c78­896b­9a41e8b4e714.html 1/5 4/7/2017 Thanks to state rules, fans still must cross state lines to buy Irish­made butter | Madison Wisconsin Business News | host.madison.com While he was driving to work one day, he heard a radio news report about Kerrygold butter not being available in Wisconsin. Larson was aware of the brand’s popularity, and with his store’s proximity to Wisconsin thought it would be a good idea to stock up.

“One day I just thought since we’re so close (to Wisconsin), that people looking for it would come over the line to buy it, and it seems to be happening,” Larson said.

Popular butter The inability to buy Kerrygold butter in Wisconsin has been in and out of the media spotlight the past few years.

In October 2015, Janesville­based Woodman’s Markets contacted the Wisconsin Department of Agriculture, Trade and Consumer Protection, asking why other retailers including Michigan­based Meijer and Sam’s Club of Arkansas, were selling the butter at their Wisconsin stores.

According to the state, warning letters were sent to both Meijer and Sam’s Club, reminding them of the state law and asking that the product be removed from their shelves.

Despite retailers being sent letters in April 2015 reminding them of the law, Kerrygold butter occasionally finds its way onto store shelves in Wisconsin, including as recently as Friday in the grocery section at a Target store at 1250 W. Sunset Drive in Waukesha.

Kerrygold brand butter, an imported product from Ireland, cannot be sold in Wisconsin because of a state law prohibiting the sale of butter without either a Wisconsin or federal grade Buy Now mark. While retailers have been issued letters reminding them of the law, Kerrygold butter occasionally finds its way to store shelves in Wisconsin including as recently as Friday, where it's seen here in the grocery section of a Target store at 1250 W. Sunset Drive in Waukesha.

Larry Avila, Wisconsin State Journal

The Kerrygold brand carried a premium price at the Waukesha Target store, selling for $3.69 for two sticks, compared to other packages with four sticks for between $4.19 and $5.99.

Heather Simmons of Madison likely won’t travel across state lines to buy the Kerrygold butter but favors the product because it’s made with milk that is produced from grass­fed cows and is hormone­free. Case 2:17-cv-00510-JPS Filed 04/10/17 Page 3 of 6 Document 1-4 http://host.madison.com/wsj/business/thanks­to­state­rules­fans­still­must­cross­state­lines/article_83e95cfb­360d­5c78­896b­9a41e8b4e714.html 2/5 4/7/2017 Thanks to state rules, fans still must cross state lines to buy Irish­made butter | Madison Wisconsin Business News | host.madison.com She enjoys the flavor and taste of the Kerrygold butter, which she has purchased in her home state of Ohio but has never seen for sale in Wisconsin.

“I try to buy local but I do love the Irish butter,” Simmons said.

In recent weeks, the issue resurfaced through social media, which lured the attention of several media outlets, including Milwaukee Magazine.

“We were originally drawn to the story because we had done a similar print story on Wisconsin dairy restrictions in 2014 and thought this was a nice tie­in,” said Karisa Lango, digital editor of Milwaukee Magazine.

Its report on Kerrygold butter was its No. 3 most­read story online for February, drawing more than 8,000 page views since it was published on Feb. 22.

State regulators also believe recent media attention has fueled inquiries about the Wisconsin law.

Raechelle Belli, spokeswoman for DATCP’s food safety division, said retailers were sent letters in April 2015 reminding them of the law.

“At that time, stores started removing those products from their shelves and for some reason it’s just bubbling up again,” Belli said.

Belli suspects the popularity of the Kerrygold brand, which has a Facebook page with more than 285,000 likes, also is playing a role in the latest wave of attention.

Kerrygold has been working with regulators so it can sell its butter in Wisconsin. The company also produces cheese, which isn’t affected by the law and is legally available at many retailers around the state.

“We are currently working with Wisconsin officials on a solution which will enable consumers throughout the state to enjoy the great taste of Kerrygold butter,” said Brian Cleere, a representative for Ornua Foods North America Inc., which markets the Kerrygold brand, in a statement. Cleere offered no timetable.

Belli said her department had little institutional memory about why the 1954 law was passed, but it’s believed it was to put a grading system in place to ensure the highest­quality butter was being produced and sold in the state.

Homegrown alternatives A selling point of Kerrygold butter is its use of milk produced from cows grass­fed year­round. A similar marketing strategy has been used by Nordic Creamery, located in Westby, about 30 miles southeast of La Crosse. It offers butters made from a certified hormone­ free herd of cows nourished by pasture in summer, plus a different, richer butter when the cows are fed grasses and grains from fall to spring.

Al Bekkum, who has made butter and cheese for more than 30 years, the last eight at Nordic Creamery, said craft butter is more like old­style churn­produced butter. Its higher fat content gives it a richer taste.

He is aware of Kerrygold’s challenges to sell its butter in Wisconsin — and the brand’s strong following.

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 4 of 6 Document 1-4 http://host.madison.com/wsj/business/thanks­to­state­rules­fans­still­must­cross­state­lines/article_83e95cfb­360d­5c78­896b­9a41e8b4e714.html 3/5 4/7/2017 Thanks to state rules, fans still must cross state lines to buy Irish­made butter | Madison Wisconsin Business News | host.madison.com Bekkum said Nordic Creamery and Wisconsin craft butters are building fan bases through social media and other grassroots efforts such as farmers’ markets.

“Social media really is a big tool for us to get the word out about our butter,” Bekkum said. Nordic Creamery’s Facebook page has nearly 7,000 followers.

The company’s online sales have grown, Bekkum said.

“It’s just important to get out in front of people,” he said. “We’re developing a following of our own and we’re happy with the amount we’re selling.”

More information

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 5 of 6 Document 1-4 http://host.madison.com/wsj/business/thanks­to­state­rules­fans­still­must­cross­state­lines/article_83e95cfb­360d­5c78­896b­9a41e8b4e714.html 4/5 4/7/2017 Thanks to state rules, fans still must cross state lines to buy Irish­made butter | Madison Wisconsin Business News | host.madison.com Hands on Wisconsin: Wisconsin laws are tougher on butter than drunken driving

Here are the winning Wisconsin cheeses from the US Championship Cheese Contest

Larry Avila | Wisconsin State Journal Larry Avila is a business reporter and editor for the Wisconsin State Journal.

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 6 of 6 Document 1-4 http://hPoasttty.m Jeandkisinons:. cTohmer/ew'ss sj/tbilul sai nmeisllsi/othna snukpse­rtoh­esrtoa steto­rruieless t­of abnes t­osltdill­must­cross­state­lines/article_83e95cfb­360d­5c78­896b­9a41e8b4e714.html 5/5

EXHIBIT 5

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 6 Document 1-5 4/8/2017 Ban on Irish butter sparks fight in butter­loving Wisconsin

AP NEWS Log in | Sign up Business Ban on Irish butteAPr T osp pNeawrs kSspo rfits gEhntter tianinment Explore  butter-loving Wisconsin

By CARA LOMBARDO Mar. 17, 2017

RELATED TOPICS Wisconsin Lawsuits More from Business

MADISON, Wis. (AP) — Wisconsin resident Jean Smith snatches up entire stocks of her beloved Kerrygold Irish butter from stores when visiting family in Nebraska, thanks to an antiquated law in her dairy- obsessed state that bans it and any other butter that hasn't been graded for quality.

"We bring back 20 bricks or so," Smith said, noting she plops a tablespoon of the Ireland-made butter into her tea each morning. "It's creamier, it doesn't have any waxy taste and it's a richer yellow."

Tired of trekking across state lines to stock up, she and a handful of other Wisconsin butter aficionados filed a lawsuit this week challenging the law, saying local consumers and businesses "are more than capable of determining whether butter is sufficiently creamy, properly salted, or too crumbly." No government help needed, they say.

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 6 Document 1-5 https://www.apnews.com/17fe9de1d0294fc487c82343cb4fcf30/Ban­on­Irish­butter­sparks­fight­in­butter­loving­Wisconsin 1/5 4/8/2017 Ban on Irish butter sparks fight in butter­loving Wisconsin

On the books since 1953, the law is strict: It requires butters to be rated on various measures — including flavor, body and color — by the federal government or people licensed as butter and cheese graders with the Wisconsin Department of Agriculture, Trade and Consumer Protection.

Wisconsin's grading scale dictates that the highest-graded butter must "possess a fine and highly pleasing butter flavor." Graders might describe a butter as "crumbly," ''gummy" or "sticky," and its color as "mottled," ''streaked" or "speckled."

Anybody convicted of selling unlabeled or ungraded butter is subject to a fine between $100 and $1,000 and six months in jail.

Wisconsin is the only state in the nation with such a stringent butter provision, which the lawsuit argues amounts to an unconstitutional "government-mandated 'taste test.'" The Wisconsin Institute for Law and Liberty, a conservative legal group representing the plaintiffs, said the grading process is subjective and doesn't protect consumers. The real issue, the group argues, is personal freedom.

Institute attorney Jake Curtis acknowledged it's a light-hearted case, "but economic liberty is a civil right."

Department spokesman Bill Cosh released a statement saying his consumer-protection agency has to uphold state law, but noted that enforcement "has been limited to notifying retailers of what the law says."

Ornua, the company that markets Kerrygold, isn't part of the lawsuit and declined to comment on the case. The Wisconsin Dairy Products Association didn't immediately return a message seeking comment.

Curtis said he's also heard from residents frustrated they can't buy their favorite Danish and Icelandic varieties near home. Smith said Kerrygold butter, which uses milk from grass-fed and hormone-free cows, occasionally shows up in stores near her home in Waukesha, but its availability is unpredictable.

"If I couldn't get Kerrygold, I would use the other butter," Smith said. "It just doesn't taste as good."

___

Follow Cara Lombardo on Twitter at http://twitter.com/CaraRLombardo Case 2:17-cv-00510-JPS Filed 04/10/17 Page 3 of 6 Document 1-5 https://www.apnews.com/17fe9de1d0294fc487c82343cb4fcf30/Ban­on­Irish­butter­sparks­fight­in­butter­loving­Wisconsin 2/5 4/8/2017 Ban on Irish butter sparks fight in butter­loving Wisconsin

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 6 of 6 Document 1-5 https://www.apnews.com/17fe9de1d0294fc487c82343cb4fcf30/Ban­on­Irish­butter­sparks­fight­in­butter­loving­Wisconsin 5/5

EXHIBIT 6

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 3 Document 1-6 49'2017 WEYAUWEGA CHEESE, U.C (WD80327) Wisconsin Department of Financial Institutions Strengthening Wisconsin's Financial Future

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EXHIBIT 7

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 3 Document 1-7 From: [email protected] [mailto :[email protected]] Sent: Tuesday, November 29, 2016 3:34 PM To: Kevin Williams Cc: [email protected] Subject: FW: Ornua Foods North America Inc., and Weyauwega

Kevin,

I am the Attorney for Old World Creamery /Weyauwega, LLC and Steve Knaus, I have reviewed the proposed agreement that you have provided. I will request the following clarifications, revisions and additions:

Section 1.1 (b) Packaging. Weyauwaga will provide weekly/monthly inventory of the packaging materials. Ornusa shall be responsible to order said packaging from third party providers and payment said materials.

Section 1.2 (d) Ornua will be responsible for all transportation costs.

Section 2.2: (a) Payment terms will be 15 days from packaging.

Section 3: Intellectual Property Rights, see below Section 8: Mutual Non-Disclosure and Confidentially Agreement, see below

SECTION 8 MUTUAL NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT

8.1 Confidential Information. The Parties acknowledge and agree that the idea, composition of and the methods of production of their own products, including Kerrygold Butter, as well as product development, recipes, formulas, testing, marketing, quality standards, packaging and any and all other secret business or strategic information relating to the Parties' own products, the Products, the Kerrygold Mark, or the business of either Party to this Agreement (collectively, the "Confidential Information"), is proprietary, confidential and/or competitively sensitive and will be kept secret. This information is confidential regardless of whether it is labeled "Confidential." Neither Party will use the Confidential Information except as contemplated by this Agreement without the prior written approval of an authorized representative of the other Party.

8.2-8.6 Remain intact.

4 Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 3 Document 1-7 8.7 Exclusions. The Parties agree that nothing in this Agreement will prevent Weyauwega from making and selling butter and other dairy products that do not utilize Ornua's recipes, formulas and trademarks. The parties further agree that distribution channels are not confidential and nothing in this agreement prohibits Weyauwega from selling butter and other dairy product to the same vendors and in the same channels as Ornua sells butter. The Parties further agree that packaging size, dimensions and functions are readily ascertainable and not secret and confidential. The Parties still further agree that product testing is governed by Food and Drug Administration or any other government regulatory body and is not secret.

Section 4.5: This paragraph need to be clarified.

Additions:

Section: Weyauwega shall follow all Department of Agriculture rules, guidelines and codes with regards to this agreement and will not knowingly or unknowingly create any reports that will be false.

Company name is Old World Creamery LLC Address is: 1606 Erie Street, Sheboygan, Wisconsin 53081.

Storage: 15 days after packaging butter must be picked up or a storage fee will be charged at one and a half times the current market rate for cold storage.

Maximum bulk butter delivery shall be two loads at one time otherwise a a storage fee will be charged at one and a half times the current market rate for cold storage.

I look forward to working with you on this agreement. Thanks Bill

Attorney William B. Everson

Everson & Gibbs, LLC 97 South Pioneer Road, Suite 300 Fond duLac, WI 54935 Phone: (920) 922-7113 Fax: (920) 922-7167 E-mail: [email protected] Website: www.eversonandgibbs.com

THIS IS A CONFIDENTIAL MESSAGE. This message may be privileged as an attorney/client communication. The information contained in this message is intended only for the usage of the individual or entity named in this transmission. If you are not the intended recipient, please be advised that any disclosure, copying, distribution or use of the contents of this transmission is strictly forbidden. If you have received this message in error, please notify us by telephone or reply via email immediately upon receipt. Thank you.

5 Case 2:17-cv-00510-JPS Filed 04/10/17 Page 3 of 3 Document 1-7

EXHIBIT 8

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 5 Document 1-8 Begin forwarded message:

From: [email protected] Subject: Re: Ornua Foods North America Inc., and Weyauwega Date: February 21, 2017 at 9:30:25 AM CST To: Julie Bordo

Julie, I believe we have a deal! Please send me a clean copy and I will get my client's signature. Bill

Attorney William B. Everson

Everson & Gibbs, LLC 97 South Pioneer Road, Suite 300

1 Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 5 Document 1-8 Fond du Lac, WI 54935 Phone: (920) 922-7113 Fax: (920) 922-7167 E-mail: [email protected] Website: www.eversonandgibbs.com

THIS IS A CONFIDENTIAL MESSAGE. This message may be privileged as an attorney/client communication. The information contained in this message is intended only for the usage of the individual or entity named in this transmission. If you are not the intended recipient, please be advised that any disclosure, copying, distribution or use of the contents of this transmission is strictly forbidden. If you have received this message in error, please notify us by telephone or reply via email immediately upon receipt Thank you.

-----Original Message----- From: "Julie Bordo" Sent: Monday, February 20, 2017 5:45pm To: [email protected] Subject: Re: Ornua Foods North America Inc., and Weyauwega

Bill, I sent your suggestions through to my client and the following are their responses, before I go about making the changes: 1. Old World Creamery, LLC is operating entity NOT Weyauwega, Inc. We request that get changed' completely through the document Agreed.

2. Storage: REDACTED

3. Cost: REDACTED

4. (4.4)(a): REDACTED

Please let me know if I may proceed with the changes that Ornua could agree to, 1, 3 and 4, but leaving the contract as it is regarding your item 2. Thank you.

With kind regards,

Julie

2410 Ewing Ave. I Evanston, IL 60201 847.421.8128 (p) I 847.424.8129 (f) I jmbordolaw.com Client-Focused Concierge Attorney

* * * * * * * * CONFIDENTIALITY NOTICE** * * * * * * This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible 2 Case 2:17-cv-00510-JPS Filed 04/10/17 Page 3 of 5 Document 1-8 for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege. Thank you.

On Feb 20, 2017, at 12:44 PM, [email protected] wrote:

Julie, I have had a chance to work through the contract with my client and have four issues/concerns that will need to be addressed:

1. Old World Creamery, LLC is operating entity NOT Weyauwega, Inc. We request that get changed completely through the document. 2. Storage: REDACTED

3. Cost: REDACTED · 4. (4.4)(a): REDACTED

I believe we are really close on this, let me know. Thanks Bill

Attorney William B. Everson

Everson & Gibbs, LLC 97 South Pioneer Road, Suite 300 Fond duLac, WI 54935 Phone: (920) 922-7113 Fax: (920) 922-7167 E-mail: [email protected] Website: www.eversonandgibbs.com

THIS IS A CONFIDENTIAL MESSAGE. This message may be privileged as an attorney/client communication. The information contained in this message is intended only for the usage of the individual or entity named in this transmission. If you are not the intended recipient, please be advised that any disclosure, copying, distribution or use of the contents of this transmission is strictly forbidden. If you have received this message in error, please notify us by telephone or reply via email immediately upon receipt. Thank you.

-----Original Message----- From: "Julie Bordo" Sent: Thursday, January 26, 2017 11 :50am To: [email protected] Subject: Re: Ornua Foods North America Inc., and Weyauwega

Bill, I'm thinking that has more to do with a technical problem with pagination of the product specs. I apologize that I forgot to mention that Appendices 3 and 4 are the most recent product specs and they did not go easily into the document. We did not make any changes that resulted in additional pages as far as I recall. So I'm hoping its just the specs that created additional or inadvertent blank pages. 3 Case 2:17-cv-00510-JPS Filed 04/10/17 Page 4 of 5 Document 1-8 With kind regards,

Julie

2410 Ewing Ave. I Evanston, IL 60201 847.421.8128 (p) I 847.424.8129 (f) I jmbordolaw.com Client-Focused Concierge Attorney

* * * * * * * * CONFIDENTIALITY NOTICE* * * * * * * * This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege. Thank you.

On Jan 26, 2017, at 10:47 AM, [email protected] wrote:

Julie, Thanks I will take a look at it shortly, first concern is that when I printed it off is was 47 pages, the prior draft was 30 pages. Bill

Attorney William B. Everson

Everson & Gibbs, LLC 97 South Pioneer Road, Suite 300 Fond du Lac, WI 54935 Phone: (920) 922-7113 Fax: (920) 922-7167 E-mail: [email protected] Website: www.eversonandgibbs.com

THIS IS A CONFIDENTIAL MESSAGE. This message may be privileged as an attorney/client communication. The information contained in this message is intended only for the usage of the individual or entity named in this transmission. If you are not the intended recipient, please be advised that any disclosure, copying, distribution or use of the contents of this transmission is strictly forbidden. If you have received this message in error, please notify us by telephone or reply via email immediately upon receipt. Thank you.

-----Original Message----- From: "Julie Bordo" Sent: Thursday, January 26, 2017 10:56am To: [email protected] Cc: "Kevin Williams" Subject: Re: Ornua Foods North America Inc., and Weyauwega

4 Case 2:17-cv-00510-JPS Filed 04/10/17 Page 5 of 5 Document 1-8

EXHIBIT 9

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 2 Document 1-9 49'2017 OlD WORLD CREAMERY U.C (0032228) Wisconsin Department of Financial Institutions Strengthening Wisconsin's Financial Future

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EXHIBIT 10

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 2 Document 1-10 49'2017 EUROGOI..D USAU.C (ED4&822) Wisconsin Department of Financial Institutions Strengthening Wisconsin's Financial Future

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~!ItaiM Agent WILLIAM BENJAUIN EVERSON ESQ Office f11 SOUTH PIONEER ROAD SUITE300 FOND DU LAC • WI 114936

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Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 2 Document 1-10

EXHIBIT 11

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 3 Document 1-11 Generated on: This page was generated by TSDR on 2017-04-07 17:32:05 EDT Mark: EUROGOLD

US Serial Number: 87363225 Application Filing Mar. 08, 2017 Date: Filed as TEAS RF: Yes Currently TEAS RF: Yes Register: Principal Mark Type: Trademark Status: New application will be assigned to an examining attorney approximately 3 months after filing date. Status Date: Mar. 13, 2017

Mark Information

Mark Literal EUROGOLD Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services:

Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services.

For: butter and butter blends International 029 - Primary Class U.S Class(es): 046 Class(es): Class Status: ACTIVE Basis: 1(b) Basis Information (Case Level)

Filed Use: No Currently Use: No Amended Use: No Filed ITU: Yes Currently ITU: Yes Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information

Owner Name: Eurogold USA LLC Owner Address: Suite 300 97 South Pioneer Road Fond du Lac, WISCONSIN 54935 UNITED STATES Legal Entity Type: LIMITED LIABILITY COMPANY State or Country WISCONSIN Where Organized: Attorney/Correspondence Information

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 3 Document 1-11 Attorney of Record Attorney Name: Nicholas A. Brannen Docket Number: 443-T-01 Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent NICHOLAS A. BRANNEN Name/Address: BRANNEN LAW OFFICE, LLC 97 SOUTH PIONEER ROAD SUITE 300 FOND DU LAC, WISCONSIN 54935 UNITED STATES Phone: 9203229130 Fax: 9203229131 Correspondent e- [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Mar. 13, 2017 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: NEW APPLICATION PROCESSING Date in Location: Mar. 13, 2017

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 3 of 3 Document 1-11

EXHIBIT 12

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 6 Document 1-12 Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006) OMB No. 0651-0009 (Exp 02/28/2018) Trademark/Service Mark Application, Principal Register

Serial Number: 87370539 Filing Date: 03/14/2017

The table below presents the data as entered.

Input Field Entered SERIAL NUMBER 87370539 MARK INFORMATION

*MARK IRISHGOLD

STANDARD CHARACTERS YES

USPTO-GENERATED IMAGE YES

LITERAL ELEMENT IRISHGOLD The mark consists of standard characters, without claim to any MARK STATEMENT particular font, style, size, or color. REGISTER Principal APPLICANT INFORMATION

*OWNER OF MARK Eurogold USA LLC

INTERNAL ADDRESS Suite 300

*STREET 97 South Pioneer Road

*CITY Fond du Lac

*STATE Wisconsin (Required for U.S. applicants)

*COUNTRY United States

*ZIP/POSTAL CODE 54935 (Required for U.S. applicants) LEGAL ENTITY INFORMATION

TYPE limited liability company

STATE/COUNTRY WHERE LEGALLY ORGANIZED Wisconsin GOODS AND/OR SERVICES AND BASIS INFORMATION

INTERNATIONAL CLASS

*IDENTIFICATION butter, butter blends and cheese

FILING BASIS SECTION 1(b) ATTORNEY INFORMATION

NAME Nicholas A. Brannen

ATTORNEY DOCKET NUMBER 443-T-02

FIRM NAME Brannen Law Office, LLC

INTERNAL ADDRESS Suite 300

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 6 Document 1-12 STREET 97 South Pioneer Road

CITY Fond du Lac

STATE Wisconsin

COUNTRY United States

ZIP/POSTAL CODE 54935

PHONE 9203229130

FAX 9203229131

EMAIL ADDRESS [email protected]

AUTHORIZED TO COMMUNICATE VIA EMAIL Yes CORRESPONDENCE INFORMATION

NAME Nicholas A. Brannen

FIRM NAME Brannen Law Office, LLC

INTERNAL ADDRESS Suite 300

STREET 97 South Pioneer Road

CITY Fond du Lac

STATE Wisconsin

COUNTRY United States

ZIP/POSTAL CODE 54935

PHONE 9203229130

FAX 9203229131

*EMAIL ADDRESS [email protected]

*AUTHORIZED TO COMMUNICATE VIA EMAIL Yes FEE INFORMATION

APPLICATION FILING OPTION TEAS RF

NUMBER OF CLASSES 1

FEE PER CLASS 275

*TOTAL FEE DUE 275

*TOTAL FEE PAID 275 SIGNATURE INFORMATION

SIGNATURE /Nicholas A. Brannen/

SIGNATORY'S NAME Nicholas A. Brannen

SIGNATORY'S POSITION Attorney of record, Wisconsin bar member

SIGNATORY'S PHONE NUMBER 9203229130

DATE SIGNED 03/14/2017

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 3 of 6 Document 1-12 Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006) OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 87370539 Filing Date: 03/14/2017 To the Commissioner for Trademarks:

MARK: IRISHGOLD (Standard Characters, see mark) The literal element of the mark consists of IRISHGOLD. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Eurogold USA LLC, a limited liability company legally organized under the laws of Wisconsin, having an address of Suite 300 97 South Pioneer Road Fond du Lac, Wisconsin 54935 United States requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class ______: butter, butter blends and cheese Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

The applicant's current Attorney Information: Nicholas A. Brannen of Brannen Law Office, LLC Suite 300 97 South Pioneer Road Fond du Lac, Wisconsin 54935 United States 9203229130(phone) 9203229131(fax) [email protected] (authorized) The attorney docket/reference number is 443-T-02. The applicant's current Correspondence Information: Nicholas A. Brannen Brannen Law Office, LLC Suite 300 97 South Pioneer Road Fond du Lac, Wisconsin 54935 9203229130(phone) 9203229131(fax) [email protected] (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 4 of 6 Document 1-12 If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):

The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and The facts set forth in the application are true.

If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e):

The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and The facts set forth in the application are true. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true. Declaration Signature

Signature: /Nicholas A. Brannen/ Date: 03/14/2017 Signatory's Name: Nicholas A. Brannen Signatory's Position: Attorney of record, Wisconsin bar member Payment Sale Number: 87370539 Payment Accounting Date: 03/15/2017

Serial Number: 87370539 Internet Transmission Date: Tue Mar 14 14:31:42 EDT 2017 TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20170314143142537 652-87370539-580796ef5c39961a32db8d881ec 2ac08f1ebcec52725d9bae1b21712f580e21b96- CC-703-20170314142456376656

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 5 of 6 Document 1-12 Case 2:17-cv-00510-JPS Filed 04/10/17 Page 6 of 6 Document 1-12

EXHIBIT 13

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 2 Document 1-13 4/8/2017 IRISHGOLD USA LLC (I032077) Wisconsin Department of Financial Institutions Strengthening Wisconsin's Financial Future

Advanced Search for: Search Advanced Search everson Search Records Name Availability

searching registered agents, by exact phrase, whose entity's status is active or inactive, whose entity's type is any

Corporate Records Result of lookup for I032077 (at 4/8/2017 10:28 AM )

IRISHGOLD USA LLC

You can: File an Annual Report ­ Request a Certificate of Status ­ File a Registered Agent/Office Update Form

Vital Statistics

Entity ID I032077

Registered 03/30/2017 Effective Date

Period of Existence PER

Status Organized Request a Certificate of Status

Status Date 03/30/2017

Entity Type Domestic Limited Liability Company

Annual Report Limited Liability Companies are required to file an Annual Report under s. 183.0120, WI Statutes. Requirements

Addresses

Registered Agent WILLIAM BENJAMIN EVERSON ESQ Office 97 SOUTH PIONEER ROAD FOND DU LAC , WI 54935

File a Registered Agent/Office Update Form

Principal Office

Historical Information

Annual Reports None

Certificates of None Newly­elected Officers/Directors

Old Names None

Chronology Effective Date Transaction Filed Date Description

03/30/2017 Organized 03/30/2017 E­Form

Order a Document Copy

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 2 Document 1-13 https://www.wdfi.org/apps/CorpSearch/Details.aspx?entityID=I032077&hash=333761763&searchFunctionID=5e322b49­27c0­4594­a9a9­0fc52b131956&type=A… 1/1

EXHIBIT 14

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 3 Document 1-14 Irish Butter Is Back- In Wisconsin

A kick-off event will be held at the Woodman's Market in Sun Prairie (1099 S. Grand Ave.) on Tuesday, April11 at 9 a.m. Steve Knaus, of Old World Creamery, along with Phil Woodman, owner of Woodman's, will be on hand and available for interviews.

1 The first 100 people to come to the lrishgold M butter display at Woodman's in Sun Prairie will receive a coupon for a free, 8 oz. package of lrishgold butter.

For Immediate Release April6, 2017 (Sheboygan I Sun Prairie}- Fans of Irish butter will no longer have to cross state lines to get the butter they crave. Old World Creamery of Sheboygan, Wisconsin will begin selling Grade A Irish butter, lrishgold'", on Tuesday, April11 at all Woodman's Markets in Wisconsin. Irish butter is a European-style butter; having a higher butterfat content than the average American butter. This translates into a richer, creamier, texture for the butter.

"This will be a big day for Wisconsin residents who love the rich taste of Irish butter," said Steve Knaus, managing partner of Old World Creamery. More than 25,000 pounds of lrishgold'" butter will available at Woodman's stores across the state. "No matter where you are in the state, you will be able to find lrishgold'" butter, which will meet the high standards of Wisconsin's dairy industry."

Wisconsin has a decades-old state law that requires butter sold in the state to be graded to Wisconsin butter standards. To comply with the state law, Old World Creamery is importing its Irish butter, lrishgold'", directly from Ireland and then packaging, processing and grading to Wisconsin standards at its facility in Sheboygan.

"Old World Creamery has five Wisconsin state-licensed butter graders on staff to make sure the butter meets Wisconsin's butter standards," said JosephS. Heino, trademark attorney with Davis & Ku elt hau in Milwaukee. (more)

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 3 Document 1-14 Page 2 -Irish Butter is Back -In Wisconsin

lrishgold'" butter will be available in 8 oz. and 16 oz. packages, both salted and unsalted. The 8 oz. package will retail for $2.89, with the 16 oz. package retailing at $5.49. The butter will be available at Woodman's locations in Altoona, Appleton, Beloit, Green Bay, Janesville, Kenosha, Madison, Menomonee Falls, Oak Creek, Onalaska, Sun Prairie and Waukesha.

"We know that many consumers in Wisconsin have gone to great lengths at times to get Irish butter," Knaus said. "We are excited to be able to bring this product to the Wisconsin market."

###

Old World Creamery, based in Sheboygan Wisconsin, began packaging butter in 2016. The newly opened business has plans to soon begin manufacturing its own butter, cream cheese and ice cream. For more information visit www.owcreamerv.com.

Media Contact: Scott Stein or Susan Finco Leonard & Finco Public Relations, Inc. 920.965.7750 sstein@LFpub licrelations. com sfinco@LFpublicrea ltions.com www.LFpubl icrelations.com

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 3 of 3 Document 1-14

EXHIBIT 15

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 4 Document 1-15 4/7/2017 Irishgold Butter | Old World Creamery

Irishgold Butter

Irish butter is a European-style butter; having a higher butterfat content than the average American butter. This translates into a richer, creamier, texture for the butter.

In the past, Wisconsin residents had to go to great lengths to find Irish Butter. Old Word Creamery is proud to bring this prized product back to the Wisconsin market.

Our Irishgold butter is graded to Wisconsin’s high standards by five in-house state licensed inspectors, packaged in Sheboygan, Wisconsin, and sold throughout the state of Wisconsin. Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 4 Document 1-15 http://www.owcreamery.com/irish­gold­butter/ 1/2 4/7/2017 Irishgold Butter | Old World Creamery Join us for a kick-off event at the Woodman’s Market in Sun Prairie (1099 S. Grand Ave.) on Tuesday, April 11 at 9 a.m. Steve Knaus, of Old World Creamery, along with Phil Woodman, owner of Woodman’s, will be on hand and available for interviews.

The first 100 people to come to the Irishgold™ butter display at Woodman’s in Sun Prairie will receive a coupon for a free 8 oz. package of Irishgold butter.

Irishgold Salted Butter

Enjoy the rich and creamy flavor of our Irishgold Salted Butter. Salted Butter is great for topping toast and bagels, and keeps slightly longer than unsalted butter.

Irishgold Unsalted Butter

Enjoy the rich and creamy flavor of our Irishgold Salted Butter. Unsalted Butter makes a great topping, and gives cooks precision control over their recipes.

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 3 of 4 Document 1-15 http://www.owcreamery.com/irish­gold­butter/ 2/2 TWO STICKS

PURE IRISH BUTTER NETWT: I 8 OZ (227g) TWO STICKS

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 4 of 4 Document 1-15

EXHIBIT 16

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 3 Document 1-16 4/7/2017 Wisconsinites will have access to Irish butter — thanks to a workaround of decades­old state law ­ Chicago Tribune

Wisconsinites will have access to Irish butter — thanks to a workaround of decades­old state law

Kerrygold Irish butter. (Oruna Foods)

By Associated Press

APRIL 7, 2017, 12:29 PM | MADISON, WIS.

isconsin residents who love Irish butter will soon be able to buy it in their dairy­obsessed home state, W thanks to a creamery's workaround to a decades­old state law.

Old World Creamery of Sheboygan announced Thursday that it will import Irishgold butter from Ireland, process and package it — then have the company's five state­licensed butter graders rate it. That will allow Irishgold to be sold legally in Wisconsin, which bans the sale of any butter that hasn't been graded for quality.

Residents tired of crossing state lines to load up on Irish butter filed a lawsuit against the state last month over the law, the only of its kind in the U.S.

"This will be a big day for Wisconsin residents who love the rich taste of Irish butter," Steve Knaus, Old World Creamery's managing partner, said in a news release announcing the workaround. Knaus said the company will import the butter in bulk and grade it both before and after packaging. He said the plan was in the works before the lawsuit was filed. Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 3 Document 1-16 http://www.chicagotribune.com/news/nationworld/midwest/ct­wisconsin­irish­butter­workaround­20170407­story.html 1/2 4/7/2017 Wisconsinites will have access to Irish butter — thanks to a workaround of decades­old state law ­ Chicago Tribune Jake Curtis, the attorney for the residents suing the state, applauded Old World's efforts, but said his clients would press forward with their lawsuit. Curtis called the ban "irrational" and said it inhibits access to all international butters.

"This story illustrates the extreme measures retailers have to go through," Curtis said. "Only in Wisconsin."

The lawsuit characterizes the law as a "government­mandated taste test." But Knaus said he appreciates that Wisconsin's law holds butter to high standards.

Wisconsin Department of Agriculture, Trade and Consumer Protections spokesman Bill Cosh has said his agency has to uphold state law, but that enforcement "has been limited to notifying retailers of what the law says." Irish butter does sometimes appear on grocery store shelves around the state.

Copyright © 2017, Chicago Tribune

This article is related to: Europe

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 3 of 3 Document 1-16 http://www.chicagotribune.com/news/nationworld/midwest/ct­wisconsin­irish­butter­workaround­20170407­story.html 2/2

EXHIBIT 17

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 8 Document 1-17

https://www.facebook.com/polly.c.franklin/posts/10212884128287238?match=aXJpc2ggYn V0dGVy

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 8 Document 1-17

https://www.facebook.com/paul.odwyer.54/posts/10154532925607333?match=aXJpc2ggY nV0dGVy

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 3 of 8 Document 1-17 Jim Mclaughlin 21 hrs ·

Huzzah! Up Kerry!

Wisconsin residents will have access to Irish butter MADISON, Wis. (AP) - Wisconsin residents who love Irish butter will soon be able to buy it in their dairy-obsessed home state, thanks to a creamery's workaround to a decades- old LACROSSETRIBUNE.COM

1 Comment

•* Like Share

Sadie Tisher I swear it was already at Whole Foods, I know I've purchased it before. Like 18 hrs Jim Mclaughlin From what I've heard, a lot of stores just ignore state law and sell it anyway. Like · 0 1·18 hrs Sadie Tisher It's incredible butter Like ·18 hrs

https://www.facebook.com/jim.mclaughlin.925602/posts/10101598809210524?match=aXJ pc2ggYnV0dGVy

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 4 of 8 Document 1-17

https://twitter.com/OKeeffe_Jim/status/850534361116147712

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 5 of 8 Document 1-17

https://twitter.com/CarolGuy55/status/850497953345159168

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 6 of 8 Document 1-17 The Irish Times 0 .!.• Follow v Ill @Irish Times Workaround allows sales of Irish butter in US state

Wisconsin residents can legally buy Irish butter again Workaround allows sales of Irish butter in US state irishtimes.com

RETWEETS LIKES ...L"".. 10 23 ......

12:26 AM- 8 Apr 2017

t.'l- 10 ¥23

Tweet your reply

Torree Kennedy, RN @CelticERnurse · 14h v Replying to @lrishTimes Here in Texas too! It's all I will buy! •

https://twitter.com/IrishTimes/status/850489973761617920

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 7 of 8 Document 1-17

https://twitter.com/IrelandChicago/status/850494423507107840

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 8 of 8 Document 1-17 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Eastern District of Wisconsin

) ) ) ) Plaintiff(s) ) v. ) Civil Action No. ) ) ) ) Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you receive it) – or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12(a)(2) or (3) – you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or the plaintiff’s attorney, whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

JON W. SANFILIPPO, CLERK OF COURT

Date: Signature of Clerk or Deputy Clerk

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 2 Document 1-18 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No.

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4(l))

This summons and the attached complaint for (name of individual and title, if any):

were received by me on (date) .

☐ I personally served the summons and the attached complaint on the individual at (place):

on (date) ; or

☐ I left the summons and the attached complaint at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

☐ I served the summons and the attached complaint on (name of individual)

who is designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

☐ I returned the summons unexecuted because ; or

☐ Other (specify):

.

My fees are $ for travel and $ for services, for a total of $

I declare under penalty of perjury that this information is true.

Date: Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc.:

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 2 of 2 Document 1-18 JS 44 (Rev. 07/16) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

Place an “X” in the appropriate box (required): Green Bay Division Milwaukee Division I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729 (a)) 140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust & Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking 151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce 152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark 460 Deportation Student Loans 340 Marine Injury Product 470 Racketeer Influenced and (Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations 153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV 160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/ 190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange 195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 890 Other Statutory Actions 196 Franchise Injury 385 Property Damage 751 Family and Medical 891 Agricultural Acts 362 Personal Injury - Product Liability Leave Act 893 Environmental Matters Medical Malpractice 790 Other Labor Litigation 895 Freedom of Information REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS Act 210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff 896 Arbitration 220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure 230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party Act/Review or Appeal of 240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision 245 Tort Product Liability Accommodations 530 General 950 Constitutionality of 290 All Other Real Property 445 Amer. w/Disabilities 535 Death Penalty IMMIGRATION State Statutes Employment Other: 462 Naturalization Application 446 Amer. w/Disabilities 540 Mandamus & Other 465 Other Immigration Other 550 Civil Rights Actions 448 Education 555 Prison Condition 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an “X” in One Box Only) 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8. Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation – (specify) Transfer Direct File Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): VI. CAUSE OF ACTION Brief description of cause:

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD

Case 2:17-cv-00510-JPS Filed 04/10/17 Page 1 of 1 Document 1-19