Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA881622 Filing date: 03/07/2018 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91238258 Party Plaintiff Wonderful LLC Correspondence DARYA P LAUFER ESQ Address ROLL LAW GROUP PC 11444 WEST OLYMPIC BLVD LOS ANGELES, CA 90064 UNITED STATES Email: [email protected], [email protected] Submission Other Motions/Papers Filer's Name Michael M. Vasseghi Filer's email [email protected], [email protected] Signature / Michael M. Vasseghi / Date 03/07/2018 Attachments Opposition with Exhibits-reduced size.pdf(1950576 bytes )

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE TRADEMARK TRIAL AND APPEAL BOARD

Wonderful Citrus LLC, Opposition No. 91238258

Opposer, Application Serial No. 87/472272

v.

APB, Inc. dba Vision Produce Company,

Applicant.

OPPOSER WONDERFUL CITRUS LLC’S OPPOSITION TO APPLICANT’S MOTION FOR JUDGMENT ON THE PLEADINGS

I. INTRODUCTION

Applicant moves for judgment on the pleadings (“Motion”), arguing that “there is no

genuine issue as to Opposer’s lack of prior rights in a trademark that could be confusingly

similar to Applicant’s Mark.” (Motion pg. 3.)1 Applicant’s Motion is not well taken. It

acknowledges that Opposer has alleged exactly what it takes issue with – that Opposer has prior

rights in a trademark that could be confusingly similar to Applicant’s Mark. Despite this,

Applicant seeks to take issue with those allegations, implicitly contending that Opposer will be

unable to prove what it has alleged. (Motion pg. 2.) This is not a proper basis for judgment on the pleadings, which must accept as true all allegations asserted in the Opposition. Applicant’s

Motion is little more than a series of strawman arguments to which Applicant fails to apply any legal analysis. Instead, Applicant contents itself to a series of unwarranted conclusions.

Applicant’s Motion must be denied because Applicant applies incorrect standards, fails to deem

1 Applicant has not numbered the pages of its Motion.

{2808553.3} 1

Opposer’s allegations as true and afford Opposer all reasonable inferences, thereby failing to carry its burden. The Board must deny the Motion.

II. ARGUMENT

A. Applicant’s Motion Must Be Denied Because It Fails To Deem Opposer’s Allegations And Reasonable Inferences As True.

Procedurally, Applicant’s Motion must be denied because the determinations it seeks cannot be made at the pleading stage. The sole legal authority Applicant cites that considered judgment on the pleading is Kraft Group LLC v. Harpole, 90 USPQ2d 1837, 1840 (2009).

Under Kraft, Opposer, as non-moving party, is entitled to have “all [its] well pleaded factual allegations … accepted as true …[and] All reasonable inferences from the pleadings are drawn in

[its] favor.” Id. Applicant’s Motion ignores this legal principle since its motion does not point to any particular lack of allegations in the Notice of Opposition. To illustrate Applicant’s use of an erroneous standard, Applicant quotes Life Zone, Inc. v. Middleman Group Inc., 87 USPQ.2d

1953, 1959 (TTAB 2008): “Without proof of priority, an opposer cannot prevail” (emphasis added). Life Zone, Inc. deals with an opposer’s ultimate burden at trial, not a motion for judgment on the pleadings. See Id. at 1953. Whether an opposer may ultimately prove an allegation is irrelevant at the pleading stage, so long as it is reasonably alleged. Applicant impermissibly contradicts Opposer’s allegations on three central points.

• Applicant claims “Opposer does not have priority.” (Motion pg. 3.) This is flatly contradicted by Opposer’s express allegation that it marketed produce under its marks “prior to the March 31, 2017.” (Opp. ¶ 4.)

• Applicant claims that there can be no likelihood of confusion because Opposer’s marks are too functional to be registrable (Motion pg. 4), in contradiction to Opposer’s allegations that it is “the owner of … Common Law rights for various I KUNIK & Design trademarks for use on or in connection with fresh ; fresh vegetables and fresh limes” (Opp. ¶ 2), that these marks are “distinctive” (Id. ¶4), Opposer has “spent significant sums of money advertising and promoting the products offered” under its marks (Id. ¶ 6), by virtue of these actions and

{2808553.3} 2

promotion “Opposer owns extremely valuable goodwill which is symbolized by and associated with its I KUNIK & Lime Design Marks” (Id. ¶ 7).

• Applicant claims that there can be no likelihood of confusion because Applicant’s mark is “fanciful” and therefore registrable (Motion pg. 5), despite the fact that Opposer has alleged that the marks “so closely resemble” each other that Applicant’s use of its mark is likely “to cause confusion, mistake or deception…”2 (Opp. ¶¶ 9 & 12).

Indeed, these are the central issues in dispute, so judgment on the pleadings is improper. Kraft,

supra, 90 USPQ2d at 1840.

B. Opposer’s Allegations Give Rise to a Reasonable Inference that it Has Developed Acquired Distinctiveness in its Marks.

Substantively, the crux of Applicant’s Motion lies in the incorrect argument that because

the lime portion of Opposer’s marks are generic or functional, they have no trademark protection

and cannot prevent Applicant’s mark from registering. This argument is flawed for five reasons.

1. Opposer Has Alleged Acquired Distinctiveness of a Protectable Mark and Should be Allowed to Proceed with its Opposition

Applicant quickly concludes that Opposer’s marks are “as a matter of law, generic or

functional for use in association with limes and other citrus products.” (Motion pg. 2).

Applicant is mistaken. Preliminarily, Applicant conflates two, distinct concepts: whether a mark

is 1) generic or 2) functional. Applicant fails to specify which doctrine it contends justifies

judgment on the pleadings. The U.S. Supreme Court has instructed that “A generic term is one

that refers to a genus of which the particular product is a .” Two Pesos, Inc. v. Taco

Cabana, Inc., 505 U.S. 763, 769 (1992), quoting Park ‘N Fly, Inc. v. Dollar Park and Fly, Inc.,

469, U.S. 189, 194 (1985). The U.S. Supreme Court has stated that distinct from this, “eligibility

2 Applicant overstates the differences between the limes represented in Opposer’s marks compared with Applicant’s mark. Both Opposer’s and Applicants’ Marks are stylized representations of a bisected lime. Having failed to set forth the legal standard regarding what creates an impermissibly “realistic” depiction, a foundational premise of Applicant’s argument, it cannot prevail on its Motion regarding this point.

{2808553.3} 3

for protection under § 43(a) depends on nonfunctionality.” Two Pesos, Inc. v. Taco Cabana,

Inc., 505 U.S. 763, 769 (1992); see also Lanham Act Sections 2(e), 23(c) and 43(c).

The significance of this distinction is illustrated in Duramax Marine, LLC v. R.W.

Fernstrum & Company, 80 USPQ2d 1780, 2006 WL 2263820, *13 (2006) (“Duramax”), which considered at trial whether an “image of [a] keel cooler [alleged to be] so realistic as to be the equivalent of a photograph, or perhaps a technically precise drawing” precluded registration of a mark for custom manufacturing services of keel coolers. In Duramax, the Board made conflicting decisions on functionality, as opposed to descriptiveness and acquired distinctiveness: “The opposition is dismissed as to opposer’s claim that the proposed mark is functional for applicant’s identified services. The opposition is sustained as to opposer’s claim that the proposed mark is descriptive and has not been shown to have acquired distinctiveness.”

Id. at *22. It appears that Applicant argues that Opposer’s marks are generic, not functional.

(a) The Conceptual Strength of Opposer’s Marks Cannot Be Decided At the Pleading Stage

“[T]he placement of [mark] on the fanciful-suggestive-descriptive-generic continuum is a question of fact.” In re Dial-A-Mattress Operating Corp, 240 F.3d 1341, 1344 (Fed. Cir. 2001).

Genericness is a question of fact. In re Northland Aluminum Products, Inc., 777 F.2d 1556,

1559, 227 USPQ 961 (Fed. Cir. 1985); In re Hotels.com, L.P., 573 F.3d 1300, 1301, 91 USPQ2d

1532 (Fed. Cir. 2009). More pointedly, a finding of genericness must be supported by “clear evidence of generic use.” In re Nordic Naturals, Inc., 755 F.3d 1340, 1342, 111 USPQ2d 1495

(Fed. Cir. 2014). According to the Federal Circuit, that a mark is generic cannot be determined at the pleading stage. McNeal v. Sprint Nextel Corp., 501 F.3d 1354, 84 USPQ2d 1315 (Fed.

Cir. 2007) (reversing dismissal on a FRCP Rule 12(b)(6) motion where district court held the alleged mark to be a generic name). The parties have not had an opportunity to conduct

{2808553.3} 4

discovery yet. See, Yamaha Intern. Corp. v. Hoshino Gakki Co., Ltd., 840 F.2d 1572, 1576

(1988).

Additionally, Opposer has not had an opportunity to offer any evidence of its marks having acquired secondary meaning. A descriptive mark can achieve protection if it has acquired secondary meaning. Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 769 (1992).

Therefore even if Opposer’s marks are deemed descriptive, they still could have protection by a showing of acquired distinctiveness via secondary meaning, as discussed more fully below.

None of these issues can be decided at this stage of the proceeding. Therefore a determination of the conceptual strength of Opposer’s marks – is forms the entire basis for Applicant’s Motion - is premature at this time. Accordingly its Motion must be denied.

(b) Opposer Is Entitled To A Reasonable Inference That It Has Established Acquired Distinctiveness.

In concluding that Opposer’s mark is not registrable, Applicant ignores that descriptive terms are not completely barred from registration. “That a mark may be descriptive does not mean that it is unregistrable on the Principal Register since [15 U.S.C.A. §1052(f)] provides for such registration if the mark has acquired distinctiveness.” In Re AMF Inc., 181 USPQ (BNA) ¶

848 (TTAB 1974) (considering a mark that was “an illustration of two boats that applicant manufactures and sells under the marks shown on the sails”); 15 U.S.C.A. §1052(f). Acquired distinctiveness is a question of fact, not law. In re Loew's Theatres, Inc., 769 F.2d 764, 769

(Fed. Cir. 1985); Yamaha Int'l. Corp. v. Hoshino Gakki Co., Ltd., 840 F.2d 1572, 1581, 6

USPQ2d 1001, 1008 (Fed. Cir. 1988); G.H. Mumm & Cie v. Desnoes & Geddes, Ltd., 917 F.2d

1292, 1294 (Fed. Cir. 1990).

Opposer’s allegations supporting acquired distinctiveness must be accepted as true:

Opposer alleged that that it “is the largest grower and processor of fresh citrus in the United

{2808553.3} 5

States” (Id. ¶ 1), that it has “sold a significant amount of fresh limes and other fresh produce” under its marks (Id. ¶ 5), that it “spent significant sums of money advertising and promoting the products” under its marks (Id. ¶ 6), and that “[b]y virtue of the popularity of the fresh citrus products offered [under its marks], and the advertising and promotion of those fresh citrus products, Opposer owns extremely valuable goodwill which is symbolized by and associated with its … marks” (Id. ¶ 7) Likewise, Opposer is entitled to the reasonable inference that it took several years prior to Applicant’s recent Application to established this priority and goodwill.

Kraft Group LLC, supra. The express allegations and the inference to which Opposer, as non- moving party, is entitled, is enough to defeat Applicant’s Motion regarding Opposer’s priority.

2. The USPTO Routinely Accepts Pictures of as Trademarks.

Contrary to Applicant’s claim, Opposer’s use of the image of a cross section of a lime can be a protectable trademark. There is no complete bar to a realistic depiction of a product as a mark. In re AMF Inc., 181 USPQ 848 (1974) (allowing registration of realistic depiction of two sailboats as mark for sailboat manufacturer); see, Duramax, supra, *12-*21 (examining acquired distinctiveness and functionality for proposed mark that was allegedly “so realistic as to be the equivalent of a photograph” of the product); In re Universal Filters, Inc., 218 USPQ 456 (TTAB

1983) (allowing registration under Section 2(f) of design from patent application that served to illustrate functional features of applicant’s fluid flow indicator upon finding of acquired distinctiveness and finding that design was not functional).

Consistent with these cases, the USPTO has time and again given trademark protection to accurate renditions of fruit. They have even provided registration for photographs of fruit for use in connection for the sale of that same fruit. For example, the USPTO has allowed the photo of an for use on dietetic food:

{2808553.3} 6

(See Exh. A attached hereto).

Furthermore the USPTO has allowed a variety of accurate renditions and even photos of a variety of fruit to be registered for the sale of that exact same fruit:

(See Exh. B attached hereto)

(See Exh. C attached hereto)

(See Exh. D attached hereto)

{2808553.3} 7

(See Exh. E attached hereto)

(See Exh. F attached hereto)

(See Exh. G attached hereto)

The USPTO has even allowed the photo of a mango with no other brand name or text as part of the mark to be registered for use on fresh mangos:

(See Exh. H attached hereto).

{2808553.3} 8

Therefore Opposer’s entire Motion is belied by the USPTO’s decisions to award trademark registrations to what Opposer deems generic, descriptive or functional depictions of fruit for the sale of those same fruit.

Applicant fails to address the Board’s practice in allowing realistic depictions and that acquired distinctiveness allows such registrations without them being disclaimed. Therefore,

Applicant fails to carry its burden on its Motion.

3. None of the Cases Cited By Applicant Support Judgment on the Pleadings.

Applicant generally cites to three cases from 1972 for the broad proposition that a realistic depiction of a product (without stating whether because it is generic or functional) does not constitute a trademark. (See Motion Pgs. 3-6.) Yet none of these cases considered a motion for judgment on the pleadings, nor do they provide any legal standard for determining what constitutes a “realistic depiction” or that the determination may be made at the pleading stage.

Ironically, the outcomes of the cases and the procedural postures support Opposer’s ultimate position. None of these cases granted judgment on the pleadings. In Textron, Inc. v.

Pilling Chain Co., Inc., 175 USPQ 621 (1972), the Board upheld the prior user’s opposition after submission of evidence at trial, not based upon the pleadings. In Bell v. B-I-W Group Inc., 174

USPQ 254 (1972), the Board refused to dismiss the opposition of a competitor alleging priority for failure to state a claim (which is the opposite of what Applicant herein seeks) despite the opposer claiming that applicant’s mark included generic pictures of the product itself. The

Board made no finding of genericness, but merely declined to dismiss the opposition under

FRCP Rule 12(c). The third case Applicant cites, In re Capri Macaroni Corp., 173 USPQ 630

(TTAB 1972), was not an inter partes action at all, but was an appeal of the Examining

Attorney’s refusal to allow registration based on inclusion of colors, over two decades before the

{2808553.3} 9

U.S. Supreme Court’s landmark decision in Qualitex Co. v. Jacobson Products Co., Inc., 514

U.S. 159 (1995) which resolved a split amongst the circuits regarding whether color alone could be a protected defining element of a mark. The case was also approximately 17 years before the

Sections 14 and 15 of the Lanham Act were amended to change the term “common descriptive name” to “generic name,” in 1985, a term which had created confusion in prior years. Park ‘N

Fly, Inc. v. Dollar Park and Fly, Inc., 469 U.S. 189, 194 (1985); Trademark Law Revision Act of

1988. Pub. L. 100-667, 102 Stat. 3935 (Effective Nov. 16, 1999).

Applicant’s Motion must be denied because at the pleading stage there is a fundamental, factual issue in dispute, namely whether Opposer has sufficient, protectable rights in its marks to prevent Applicant from obtaining rights in a confusingly similar mark.

4. The Board Must Consider Opposer’s Marks In Their Totality

Opposer’s Motion relies on the Board being able to parse out the different elements of the marks for analysis. Specifically Opposer wants the Board to look at only the lime element of the marks and ignore the remainder of those marks for purposes of its analysis. However, it is improper for the Board to do so. “When determining whether a mark is merely descriptive, the

Board must consider the commercial impression of a mark as a whole.” DuoProSS Meditech v.

Inviro Medical Devices, Ltd. 695 F.3d 1247, 1252 (Fed. Cir. 2012). “Because a mark must be considered as a whole, the Board may not ‘dissect’ the mark into isolated elements.” Id. at 1253; accord, Lanham Act § 43(a) and Valu Engineering, Inc. v. Rexnord Corp., 278 F.3d 1268, 1278 n.6, 61 USPQ2d 1422 (Fed. Cir. 2002) (“The term ‘as a whole’ existed under prior decisional law and refers to the entirety of the mark itself, rather than the entirety of the class of goods in connection with which the mark is used”). Given the additional elements of the marks along with the lime element, none of the marks can be found generic.

{2808553.3} 10

5. Applicant’s Reliance on Encyclopedia Images Undermines Its Argument

Applicant jumps to the conclusion that Opposer’s depiction of a cross sectional diagram

of a lime is a realistic depiction of that fruit. (Motion Pg. 4) In support, it relies on images found

in an on-line encyclopedia and internet images for “half a lime”. It is unclear that simply

because an image is found on an online encyclopedia, that necessarily means that image is

generic as a matter of law. Applicant offers no authority for this theory. Even if its theory were

correct, however, the results from the New World Encyclopedia3 for lime does not show a cross

section of a lime, as seen in Opposer’s marks. (See Exh. I attached hereto). The remaining

images attached to Applicant’s motion are from the internet. However an image of anything can

be found online. As Applicant points out, this Board may only take judicial notice of

information from an encyclopedia, not from the internet. Therefore Exhibit A to Applicant’s

motion does not advance its argument.

///

///

///

///

///

3 The “New World Encyclopedia” is an online-only encyclopedia. It is questionable whether this Board can take judicial notice of it. See In re Total Quality Group Inc., 51 USPQ2d 1474, 1476 (TTAB 1999) (Board will not take judicial notice of online dictionaries which otherwise do not exist in printed format).

{2808553.3} 11 III. CONCLUSION

For the foregoing reasons, Applicant’s Motion should be denied.

DATED: March ___,7 2018 WONDERFUL CITRUS LLC

By: / Michael M. Vasseghi / MICHAEL M. VASSEGHI ROLL LAW GROUP PC 11444 West Olympic Boulevard Los Angeles, California 90064-1557 Telephone: (310) 966-8400 Facsimile: (310) 966-8810 [email protected] Attorneys for Opposer

{2808553.3} 12 CERTIFICATE OF SERVICE

I, Susan Bryant, hereby certify that a copy of this OPPOSER WONDERFUL

CITRUS LLC’S OPPOSITION TO APPLICANT’S MOTION FOR JUDGMENT ON

THE PLEADINGS has been served upon attorney for Applicant:

Jeffrey A. Nelson Cairncross & Hempelmann 524 2nd Avenue, Suite 500 Seattle, WA 98104-2323 [email protected]; [email protected] Attorneys for Applicant

by email, postage prepaid, on this ___7th day of March, 2018.

/ Susan Bryant / Susan Bryant ROLL LAW GROUP PC 11444 West Olympic Boulevard Los Angeles, California 90064-1557 Telephone: (310) 966-8400 Facsimile: (310) 966-8810 Attorneys for Opposer

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Word Mark FETTE DI SOLE Translations The English translation of "fette di sole" in the mark is "slices of sun". Goods and IC 005. US 006 018 044 046 051 052. G & S: dietetic food; food for babies; dietary supplements Services for humans

IC 029. US 046. G & S: Preserved, frozen, dried and cooked fruits and vegetables; jellies; jams, compotes

IC 031 . US 001 046. G & S: Agricultural products, namely, citrus fruit Mark Drawing (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Code Design Search 05.03.08 - More than one , including scattered , bunches of leaves not attached to Code branches 05.03.10 - Other branches with leaves, with or without fruit 05.09.03 - Oranges, and the like; Serial Number 79143835 Filing Date October 3, 2013 Current Basis 66A Original Filing 66A Basis Published for November 25, 2014 Opposition Registration 4683211 Number International Registration 1195225 Number February 10, 2015 http://tmsearch.uspto.gov/bin/showfield?f=doc&state=480 I :reye71.3 .1 2/28/2018 Trademark Electronic Search System (TESS) Page 2 of2

Registration Date Owner (REGISTRANT) Azienda Agricola Campobasso Marco agricultural company ITALY Via Toniolo, 38 1-74019 Palagiano (TA) ITALY Priority Date April 4, 2013 Description of Color is not claimed as a feature of the mark. The mark contains the words "FETTE DI SOLE" in Mark fancy font located above a picture of a whole orange with gradually darker shading on its right; the orange is hanging from a branch together with a twig with leaves and orange blossom; partially covered by the orange, there is a device of an orange half, which has been cut transversely to show the rind and segments of the fruit. Type of Mark TRADEMARK Register PRINCIPAL Live/Dead LIVE Indicator llJM"·'i'i +1¥11 Hil!'41foHI !4s!J4R.!@ !iiliMiiM M!Mt!!!c.Ii -

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Word Mark BERRY QUICK SNACKS Goods and IC 031. US 001 046. G & S: Fresh fruit; Fresh fruits; Fruits, namely, fresh blueberries and fresh Services strawberries; Raw fruits. FIRST USE: 20090630. FIRST USE IN COMMERCE: 20110415 Mark Drawing (3) DESIGN PLUS WORDS LETTERS AND/OR NUMBERS Code ' · Design 05.09.01 - Berries; Raspberries; Strawberries Search Code 26.11.21 - Rectangles that are completely or partially shaded Serial Number 85307891 Filing Date April 28, 2011 Current Basis 1A Orig_inal Filing A 1 Basis Published for October 4, 2011 Opposition Registration 4073673 Number Registration December 20, 2011 Date Owner (REGISTRANT) Munger Bros., LLC CORPORATION CALIFORNIA 2619 Road 192 Delano CALIFORNIA 93215 Attorney of Marc E. Hankin Record Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "SNACKS" APART FROM THE MARK AS SHOWN Description of The color(s) black, white, purple and red is/are claimed as a feature of the mark. The mark consists Mark of the words "BerryQuick" in an arched bubble font, with white letters, which have a black outline, which is further surrounded by a purple background and another black outline. The "Q" in "Quick" http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801 :reye7l.21. l 2/28/2018 Trademark Electronic Search System (TESS) Page 2 of2

has a sweating blueberry in the place of the "Q" hole; and the word "SNACKS" is immediately under the letters "uick" from "Quick", with white letters, which have a black outline, further surrounded by a red background, which has another black outline. Type of Mark TRADEMARK Register PRINCIPAL Affidavit Text SECT 15. SECT 8 (6-YR). Live/Dead LIVE Indicator llJ§i!§!ii 15g1111HM'i·"di'11;1941.Jdf.I '§!lid"* MM@mrt -+iiji·*

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Word Mark WELL PICT BERRIES 50 YEARS OF FLAVOR FIRST Goods and IC 031. US 001 046. G & S: Fresh fruits; Fruits, namely, unprocessed, fresh , or raw berries. FIRST Services USE: 20160101. FIRST USE IN COMMERCE: 20160601 Mark Drawing (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Code Design 05 .09.01 - Berries; Raspberries; Strawberries Search Code 26.01.18 - Circles, three or more concentric; Concentric circles, three or more; Three or more concentric circles 26.01 .21 - Circles that are totally or partially shaded. 26.05.28 - Miscellaneous designs with overall triangular shape; Triangular shape (miscellaneous overall shape) 26.11.26 - Oblongs as carriers for words, letters or designs 26 .13.21 - Quadrilaterals that are completely or partially shaded 26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s) 26 .17.06 - Bands, diagonal; Bars, diagonal; Diagonal line(s), band(s) or bar(s); Lines, diagonal Serial Number 86790757 Filing Date October 16, 2015 Current Basis 1A Orig_inal Filing B 1 Basis Published for Opposition April 12, 2016 Registration 5051240 Number Registration September 27, 2016 Date Owner (REGISTRANT) WELL PICT CORPORATION CALIFORNIA PO BOX 973 WATSONVILLE CALIFORNIA 95077 http ://tmsearch. uspto. gov/bin/showfield ?f =doc&state=4801 :reye 71.22 .1 2/28/2018 Trademark Electronic Search System (TESS) Page 2 of2

Attorney of NATHAN BENJAMIN Record Prior Registrations 3457183;3457186 Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BERRIES" AND THE PICTORIAL REPRESENTATION OF THE BERRIES APART FROM THE MARK AS SHOWN Description of The color(s) PINK, RED, YELLOW, WHITE and BLACK is/are claimed as a feature of the mark. The Mark mark consists of a berry shape background consisting of pink in the bottom right fading to white in the upper left, within which is situated the words "WELL . PICT" in white capital letters with a white dot in between all outlined in black within a red oblong with white and black border and 5 black horizontal lines. Centered below is a black quadrilateral with the word "BERRIES" in white capital letters within the quadrilateral. Centered above "WELL . PICT" is a black circle with black and white lines on the inside and outside border of the circle, and the words "50 YEARS OF FLAVOR FIRST" in yellow around the circle, with a yellow dot between the words "50" and "FLAVOR" and a yellow dot between the words "OF" and "FIRST'. In the middle of the circle is an image of raspberries in red and white. The black area outside of the berry shape mark is background area and not a feature of the mark Type of Mark TRADEMARK Register PRINCIPAL Live/Dead LIVE Indicator 11;{-111.m; ''*'' 1n11sll!Md 14,1441.1;41 'YMl!ilii'I tit4Wl!W -

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Word Mark TEUILA SUSIE LIMES Goods and IC 031. US 001 046. G & S: Fresh citrus fruits; Fresh fruits Services Mark Drawing (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Code Design 02.01 .34 - Monsters (not robots); Other grotesque including men formed by or objects Search Code 02.11 .06 - Beards; Hair; Hair extensions; Human hair, locks of hair, wigs, beards, mustaches; Mustaches; Toupees; Wigs 04.07.01 - Person formed by plants; Plants forming a person; Plants or combinations of plants representing a person; Plants representing a person 05.09.04 - ; Limes 05.09.13 - Fruits (slices or quarters of) 09.05.05 - Sombreros, cowboy hats (10 gallon hats), other broad-brimmed hats Serial Number 87786787 Filing Date February 6, 2018 Current Basis 1B ｏｲｩｾｩｮ｡ｬ＠ Filing B 1 Basis Owner (APPLICANT) Wonderful Citrus LLC LIMITED LIABILITY COMPANY DELAWARE 11444 West Olympic Blvd., 10th Floor Los Angeles CALIFORNIA 90064 Attorney of Danielle M. Criona, Esq . Record Description of Color is not claimed as a feature of the mark. The mark consists of design of a lime with a mustache Mark and hat representing a person's face placed between the letters "E" and "U" in the stylized term TEUILA, and the stylized terms SUSIE LIMES below the lower right half of the term TEUILA. Type of Mark TRADEMARK Register PRINCIPAL

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Word Mark VALLEYBEST CALIFORNIA ORANGES Goods and IC 031 . US 001 046. G & S: Fresh citrus fruits. FIRST USE: 20010301 . FIRST USE IN Services COMMERCE: 20010301 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Search 05.09.03 - Oranges, tangerines and the like; grapefruit Code 26.11 .02 - Plain single line rectangles; Rectangles (single line) 26.11.12 - Rectangles with bars, bands and lines 26.11 .21 - Rectangles that are completely or partially shaded 26.11.25 - Rectangles with one or more curved sides Serial Number 78370238 Filing Date February 18, 2004 Current Basis 1A Original Filing 1A Basis Published for May 10, 2005 Opposition Registration 2980963 Number Registration Date August2,2005 Owner (REGISTRANT) Cal Valley Citrus, Inc. CORPORATION CALIFORNIA 977 West Palm Lindsay CALIFORNIA 93247

(LAST LISTED OWNER) ACMll CALIFORNIA 5, LLC LIMITED LIABILITY COMPANY CALIFORNIA 977 PALM STREET LINDSAY CALIFORNIA 93214 Assignment ASSIGNMENT RECORDED Recorded Attorney of Record Thomas A. Dirksen

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Prior Registrations 1275434 Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE CALIFORNIA ORANGES APART FROM THE MARK AS SHOWN Description of Mark Color is not claimed as a feature of the mark. The lining shown in the drawing is a feature of the mark and not intended to indicate color or shading. Type of Mark TRADEMARK Register PRINCIPAL Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20150826. Renewal 1ST RENEWAL 20150826 Live/Dead Indicator LIVE

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• • ｾ＠ Word Mark JUICY ORANGES Goods and IC 031. US 001 046. G & S: Fresh citrus fruits; fresh fruits. FIRST USE: 20160900. FIRST USE Services IN COMMERCE: 20160900 Mark Drawing (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Code Design Search 05.03.08 - More than one leaf, including scattered leaves, bunches of leaves not attached to Code branches 05.09.03 - Oranges, tangerines and the like; grapefruit Serial Number 87077685 Filing Date June 20, 2016 Current Basis 1A Original Filing 18 Basis Published for March 7, 2017 Opposition Registration 5381529 Number Registration Date January 16, 2018 Owner (REGISTRANT) Wonderful Citrus LLC LIMITED LIABILITY COMPANY DELAWARE 11444 West Olympic Blvd., 10th Floor Los Angeles CALIFORNIA 90064 Attorney of Danielle M. Criona, Record Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "JUICY ORANGES" APART FROM THE MARK AS SHOWN Description of Color is not claimed as a feature of the mark. The mark consists of a design of three (3) orange Mark wedges with juice spurts and leaves, above the stacked stylized terms "JUICY" and "ORANGES". http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801 :reye71.20.1 2/28/2018 Trademark Electronic Search System (TESS) Page 2 of2

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H.BROOKS & COMPANY WHERE FRESH IS FRESHER. Goods and IC 031. US 001 046. G & S: fresh fruits, fresh vegetables. FIRST USE: 20100301. FIRST USE IN Services COMMERCE: 20100301 Mark Drawing (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Code Design Search 05.09.05 - Apples Code 05.09.06 - Avocados; Fruits with pits (apricots, peaches, plums, olives and the like) 05.09.07 - Pears 05.09.11 - Bananas 26.03.17 - Concentric ovals; Concentric ovals and ovals within ovals; Ovals within ovals; Ovals, concentric 26.03.21 - Ovals that are completely or partially shaded Trademark LETS-1 HA single letter, multiples of a single letter or in combination with a design Search Facility NOTATION-SYMBOLS Notation Symbols such as Non-Latin characters.punctuation and Classification mathematical signs.zodiac signs.prescription marks Code SHAPES-CIRCLE Circle figures or designs including semi-circles and incomplete circles SHAPES-MISC Miscellaneous shaped designs SHAPES-OVALS Oval figures or designs including incomplete ovals and one or more ovals VEG life such as ,,fruits,grains,nuts,wreaths,and leaves Serial Number 77964925 Filing Date March 22, 201 O Current Basis 1A Original Filing A 1 Basis Published for August 31, 2010 Opposition Registration 3876235 Number http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807 :ul2xrd.4 .1 3/6/2018 Trademark Electronic Search System (TESS) Page 2 of2

Registration November 16, 2010 Date Owner (REGISTRANT) BROOKS HOLDING COMPANY CORPORATION MINNESOTA 600 LAKEVIEW POINT DRIVE NEW BRIGHTON MINNESOTA 55112 Attorney of Garrett M. Weber Record Prior 2811639 Registrations Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "& COMPANY" AND THE PICTORIAL REPRESENTATION OF FRUITS AND VEGETABLES APART FROM THE MARK AS SHOWN Description of Color is not claimed as a feature of the mark. The mark consists of the wording "H. BROOKS & Mark COMPANY" in an oval band design which is around the design of fruit and above the wording "WHERE FRESH IS FRESHER". Type of Mark TRADEMARK Register PRINCIPAL Affidavit Text SECT 15. SECT 8 (6-YR). Live/Dead LIVE Indicator ii§H.ii!i ...,. l>i'h@ii!Md 11r1;;1.!&1 ""'l'IF!* t1'4¢31Ciifl - MUI'·*

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Goods and IC 031. US 001 046. G & S: Fresh mangos. FIRST USE: 19980215. FIRST USE IN COMMERCE: Services 19980215 Mark Drawing (2) DESIGN ONLY Code Design Search 05.09.13 - Fruits (slices or quarters of) Code 05.09.25 - Coconuts; Other fruits 09.01.25 - Cloths, cleaning; Hammocks; Nets, mosquito; Rags 19.07.11 - Bags, burlap; Bags, paper; Bags, shopping; Grocery bags; Litter bags; Paper bags; Sacks; Sacks filled with grain; Shopping bags Trademark ART-09.01 Textiles other than clothing Search Facility ART-19.07 Small containers Classification SHAPES-COLORS-2 Design listing or lined for two colors Code SHAPES-GEOMETRIC Geometric figures and solids including squares, rectangles, quadrilaterals and polygons VEG Plant life such as trees,flowers,fruits,grains,nuts,wreaths,and leaves Serial Number 77862446 Filing Date November 2, 2009 Current Basis 1A Original Filing A 1 Basis Published for May 18, 2010 Opposition Registration 3827350 Number Registration August 3, 2010 Date Owner

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(REGISTRANT) lntegradora de Frutas Finas Soconusco S.A. de C.V. AKA Frutas Finas Soconusco Amberto Bautista Blanca, Juana Acosta Rasgado, Jose Serafin Bautista Blanca PARTNERSHIP MEXICO Paulino B Carrasco No 81 San Pedro Tapanatepec MEXICO 70180 Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE THE PICTORIAL REPRESENTATION OF MANGOES APART FROM THE MARK AS SHOWN Description of Color is not claimed as a feature of the mark. The mark consists of a half peeled mango that is Mark yellow and rests on top of other unpeeled mangos that are yellow and orange. All of the mangos are on a beige burlap sack. Type of Mark TRADEMARK Register PRINCIPAL Affidavit Text SECT 8 (6-YR). Live/Dead LIVE Indicator

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Lime (fruit)

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Lime is a term referring to a number of different species (/entry/Species) and hybrids of shrublike trees (/entry/) of the genus (/entry/Genus) Citrus, as well as the name for the popular edible fruit (/entry/Fruit) of these plants. Lime plants are characterized by a spiny or thorny stem, green and leatherly leaves (/entry/Leaf), and clusters of small and aromatic white flowers (/entry/). The fruit, which is similar to the (/entry/Lemon), is juicy, oval (egg-shaped), small (3-6 centimeters in diameter), acidic, and typically green or yellowish green even when mature (but will turn yellow like the lemon if exposed to a cool winter environmental conditions). The lime fruit tends to be smaller and rounder (globular) than the lemon, and with a (/entry/File:Citrus_hystrix_dsc07772.jpg) sweeter and more acidic pulp and a thinner rind. fruit

The Citrus (/entry/Citrus) genus is a group of flowering plants Scientific classification (/entry/Flowering_plant) in the family (orange family) that (/entry/Scientific_classification) originated in tropical and subtropical southeast Asia and that have a distinctive berry with the internal parts divided into segments. Besides limes Kingdom: Plantae (/entry/Plant)

and lemons, other members of the Citrus genus include oranges Division: Magnoliophyta (/entry/Orange_(fruit)), , grapefruit (/entry/Grapefruit), (/entry/Flowering_plant)

(pummelo, pommelo), and mandarins (tangerines). Most members of the Class: Magnoliopsida Citrus genus arose as hybrids, and the hybridized types of citrus may or may (/entry/Dicotyledon)

not be recognized as species (/entry/Species) according to different Subclass: Rosidae taxonomies (Katz and Weaver 2003). Order: The fruit of the lime serves the plant's Family: Rutaceae Contents individual purpose of reproduction (/entry/Reproduction) while also Genus: Citrus (/entry/Citrus) • 1 Overview and varieties providing a number of values for human • 2 Uses beings (/entry/Human_being). Like the lemon, the lime is used for such culinary • 3 Fruits known as "lime" • 4 Gallery purposes as being diluted and sweetened and made into a , being used as • 5 References a garnish for , and used for flavoring for desserts, condiments, salad • 6 Credits dressings, meats, and vegetables (/entryNegetable). The extracts and essential oils are used in cleaning products and perfumes, among other uses.

Gucci Le Marche ､･ ｾ＠ x Merveilles Red ... Overview and varieties $5,200.00 Katz and Weaver (2003) claim that the generally accepted view is that there J.R Dunn Jewelers were three primordial Citrus species-Citrus medica (citrons), Citrus maxima (pumelos), and Citrus reticulata (mandarins)-and that all other types of citrus rose from single or sequential hybridization events between these species or their offspring. Other possible original species could be Citrus aurantifo/ia, the , from , and Citrus halimii, a more recent discovery, from Thailand

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(/entry/Thailand) and Malaysia (/entry/Malaysia). Based on whether the hybridized types of citrus are recognized as species, anywhere from three to 170 species are recognized, with the commonly used system of Swingle recognizing 16 species (Katz and Weaver 2003).

Plants designated as limes include both species, such as Citrus aurantifo/ia (key lime), and a variety of hybrids, with major ones being Citrus x limonia (Rangur lime) and Citrus x /atifolia (, a cross between true lime and ).

The limes most commonly available commercially are the smaller, yellower key lime and the larger, greener Persian lime. "Key lime" is an American retronym, as the original fruit known in English as a "lime" was Citrus aurantifolia, derived from the Persian name -""'1, limu (the fruit was introduced to Europe during the Crusades (/entry/Crusades)). Other limes include the Mandarin lime (Citrus limonia), Kaffir lime (Citrus hystrix), the various Australian limes, sweet lime (), and Palestine sweet lime (Citrus limettioides).

The name lime is also used for some species that are not part of the Citrus genus, such as Spanish lime (Melicoccus bijugatus), wild lime (Adelia ricinella), and musk lime ((X mitis). The is a lime- (/entry/Kumquat) .

The color of citrus fruits only develops in climates with a (diurnal) cool winter. In

tropical regions with no winter, citrus fruits remain green until maturity 1 hence the tropical "green orange." The lime plant, in particular, is extremely sensitive to cool conditions; thus, it is usually never exposed to cool enough conditions to develop a color. If they are left in a cool place over winter, the fruits actually will change to a yellow color. .' (/entry/File:Lemon_and_lime.JPG) For cooler winter areas, lemon and lime trees should not be grown, since they Lemon (/entry/Lemon) and lime are more sensitive to winter cold than other citrus fruits. output in 2005

According to the Food and Agriculture Organization (FAO), Mexico (/entry/Mexico) produced almost 12 percent of the global output of lemons and limes in 2005 followed by India (/entry/India), Argentina (/entry/Argentina), (/entry/Iran), and Brazil (/entry/Brazil).

Uses

Astringent citrus, such as limes and lemons (/entry/Lemon), are generally not eaten on their own. Both limes and lemons are regularly served as or by diluting the juices of these fruits and adding (/entry/Sugar). Lemons and limes are also used as garnishes for drinks such as iced tea or a soft drink, with a thin slice of the fruit or corkscrew strip of the peel (twist). Alcoholic beverages prepared with limes include cocktails such as gin and tonic, , mojito, and Cuba libre. One customary consumption of tequila is in shots accompanied by lime wedges and salt. Beer is often served with limes in Mexico (/entry/Mexico), as well as some other countries. Lime juice is also used in commercial soft drinks.

Lemons and limes are used as an ingredient in a variety of dishes and their juice can commonly be found in salad dressings and squeezed over cooked meat or vegetables (/entry/Vegetable). In cooking, lime is valued both for the acidity of its juice and the floral aroma of its (the outer, colorful skin of citrus fruit). It is used in tacos, key lime pie (a traditional Florida dessert), and is a very common ingredient in authentic Mexican and Southwestern American dishes. It is also used for its pickling properties in ceviche. Additionally, the leaves of the Kaffir lime are used in southeast Asian cuisine. The use of dried limes as a flavoring is typical of Persian cuisine and the soft drink .

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In order to prevent scurvy during the nineteenth century, British sailors were issued a daily allowance of citrus such as lime (presumably Citrus aurantifolia), which led in time to the nickname "limey" for all Britons. It was later discovered that this beneficial effect derived from the quantities of C (/entryNitamin_C) the fruit contains.

Lime extracts and essential oils are frequently used in perfumes, cleaning products, and aromatherapy.

Fruits known as "lime"

• Australian limes

• Australian desert lime () • Australian finger lime () • Australian round lime ()

• • Kaffir lime (Citrus hystrix) (a.k.a. kieffer lime; makrut, or magrood) • Key lime (Citrus aurantifolia) (a .k.a. Mexican, West Indian, or Bartender's lime) • Mandarin lime (Citrus limonia) • Musk lime (X Citroforlunella mitis) • Palestine sweet lime (Citrus limettioides) • Persian lime (Citrus x latifolia) (a.k.a. Tahiti or Bearss lime) • Spanish lime (Me/icoccus bijugatus) (a.k.a. mamoncillo, mam6n, ginep, quenepa, or limoncillo) (not a citrus) • Sweet lime (Citrus limetta) (a.k.a. sweet limetta, Mediterranean ) • Wild lime (Adelia ricinella) • Limequat (lime x kumquat)

Gallery

. . f/ent /Fle:Lime ｣ｯ｣Ｎ Ａ ｯＯｐｉｄｴｲｹＯｆｩｬ･Ｚｌｩｭ･｟｣ｬｯｳＱＺｈｰｮｾｦｩｬ･Ｚｌｩｭ･ｳ Ｎ ｪｰｧ ＮＩ＠ ＨＯ･ｮｴｲｹＯｆＱｬ･Ｚｂ｡｣ｫｹ｡ｲ､Ｎ ｊｴｲｲｩ･ｳｾｰｧ ｾ＠ -

A cluster of unripened Lime wedges are A closeup of a whole Grocery store limes limes on a bush typically used in lime drinks

References

• Department of Horticulture and Landscape Architecture, Purdue University. 2007. Lecture 32: Citrus. (http://www.hort.purdue.edu/newcrop/tropical/lecture_32/lec_32.html) Retrieved May 20, 2007. • Ehler, J. T., and FoodReference.com. 2007. Key Limes (Citrus aurantifolia). (http://www.foodreference.com/html/artkeylimes.html) Retrieved May 20, 2007.

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• Herbst, S. T. 2001. The New Food Lover's Companion: Comprehensive Definitions of Nearly 6, 000 Food, Drink, and Culinary Terms. Barron's Cooking Guide. Hauppauge, NY: Barron's Educational Series. ISBN 0764112589 (http://www.amazon.com/dp/0764112589?tag=encyclopediap- 20&camp= 14573&creative=327641&linkCode=as1 &creativeASIN=0764112589&adid=ONQQZXQ96PDAJGB1 J8XS) • Katz, S. H., and W.W. Weaver. 2003. Encyclopedia of Food and Culture. New York: Schribner. ISBN 0684805685 {http://www.amazon.com1dp/0684805685?tag=encyclopediap- 20&camp= 14573&creative=327641&linkCode=as1 &creativeASI N=0684805685&adid=ONQQZXQ96PDAJGB 1J8XS) • Morton, J. F., and C. F. Dowling.1987. Fruits of Warm Climates. Miami, FL: J. F. Morton. ISBN 0961018410 (http://www.amazon.com/dp/096101841 O?tag=encyclopediap- 20&camp= 14573&creative=327641&linkCode=as1 &creativeASI N=096101841O&adid=ONQQZXQ96PDAJGB1 J8XS)

Credits

New World Encyclopedia writers and editors rewrote and completed the Wikipedia article in accordance with New World Encyclopedia standards (/entry/Help:Writers_Manual). This article abides by terms of the Creative Commons CC-by-sa 3.0 License (/entry/New_World_Encyclopedia:Creative_Commons_CC-by-sa_3.0) (CC-by-sa), which may be used and disseminated with proper attribution. Credit is due under the terms of this license that can reference both the New World Encyclopedia contributors and the selfless volunteer contributors of the Wikimedia Foundation. To cite this article click here (http://www.newworldencyclopedia.org/entry/Special:Cite?page=Lime_(fruit)) for a list of acceptable citing formats.The history of earlier contributions by wikipedians is accessible to researchers here:

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