Estta1047043 04/04/2020 in the United States Patent And

Home , Baked bean sandwich, Chorrillana, Curry ketchup, Fish finger sandwich, Freedom fries, French fries

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1047043 Filing date: 04/04/2020

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91251483 Party Plaintiff Yarnell Ice Cream, LLC Correspondence DANIEL KEGAN Address KEGAN & KEGAN LTD 79 W MONROE ST #1310 CHICAGO, IL 60603-4931 UNITED STATES [email protected] 312-782-6495

Submission Motion to Amend Pleading/Amended Pleading Filer's Name Daniel Kegan Filer's email [email protected] Signature /daniel kegan/ Date 04/04/2020 Attachments 1 SbY-QuickB-mTmoAmend 2Apr2020pdf.pdf(128120 bytes ) 2 SbY-QuickB-TmoAmend 24Mar2020-QB.pdf(180989 bytes ) 3 SbY-QuickB-TmoAmend Exbts.pdf(4810439 bytes ) 4 SbY-QuickB-TmoAmend Red-4Apr2020.pdf(186621 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

YARNELL ICE CREAM, LLC ) GUILTLESS FRIES Opposer, ) Serial No. 88-294,467 v ) Filed 8 Feb 2019 QUICK BURGER, INC ) Published 18 Jun 2019 Applicant. ) Opposition 91,251,483

CONSENTED MOTION TO AMEND OPPOSITION NOTICE AND RESET CASE CALENDAR

Opposer with the explicit written consent of Applicant moves for leave to file Opposer’s Amended Notice of Opposition, and to reset the case calendar as if Discovery were to open as of the date of the Board’s order to grant leave and resetting the calendar.

The Board, the Federal Rules of Civil Procedure, and the US Supreme Court all encourage leave to file an amended complaint be freely given when justice requires, such as underlying facts or circumstances should be included. Foman v Davis (371 US 178, 1962); Fed.R.Civ.P. 15(a)(2); TBMP 507.01(a)(2).

Opposer can now tailor its Opposition Notice more directly to Applicant’s recent pre-opening activities and use of GUILTLESS, explicitly including notice of Opposer’s diverse foods marketed under its GUILT FREE brand, and trademark registrations associated with those diverse foods.

Discovery has only opened 17 March 2020. With the requested resetting of the case calendar as if Discovery were to open as of the date of the Board’s order to grant leave to file the Amended Notice of Opposition there is no prejudice to either party and no material delay in the proceeding.

Yarnell v Quick Burger • Tmo 91,251,483 • Guiltless Fries • Consented Motion Amend Page 1 Opposer submits the proposed Amended Notice of Opposition, its Exhibits, and a redlined version of the Amended Notice of Opposition, compared with the original Notice of Opposition.

Grant of the motions is respectfully requested,

2 April 2020

/Daniel Kegan/ Daniel Kegan Jay Giusti KEGAN & KEGAN, LTD. Attorneys for Opposer Covid-19 Duration: 380 Green Bay Rd #3C Winnetka IL 60093-4051 847-386-7837

CERTIFICATE OF SERVICE. The undersigned certifies that a copy of this paper is being served by email on counsel for Applicant, Jenny Shin, [email protected], 28600 Mercedes St #100, Temecula CA 92590 on the below date.

4 April 2020 Signed /daniel kegan/ Daniel Kegan

Yarnell v Quick Burger • Tmo 91,251,483 • Guiltless Fries • Consented Motion Amend Page 2 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

YARNELL ICE CREAM, LLC ) GUILTLESS FRIES Opposer, ) Serial No. 88-294,467 v ) Filed 8 Feb 2019 QUICK BURGER, INC ) Published 18 Jun 2019 Applicant. ) Opposition 91,251,483

AMENDED NOTICE OF OPPOSITION

Yarnell Ice Cream, LLC, a Delaware LLC, with business address at 1133 W 35th St, Chicago IL 60609 (“Yarnell,” “Opposer,” or “Registrant”) believes that it will be damaged by registration of the mark shown above, Sn 88-294,467, because the mark is likely to cause confusion, mistake, and/or deception with Opposer’s family of GUILT FREE trademarks for foods and restaurant services.

Applicant, Quick Burger, Inc asserts by its application its business address is 44261 Phelps St, Temecula CA 92592.

Opposer appoints as its attorneys in this opposition Daniel L Kegan and Jay R Giusti, attorneys duly licensed by the Supreme Court of the State of Illinois, whose post office addresses are 79 W Monroe St #1310, Chicago IL 60603-4931. All communications are to be held with lead attorney Daniel Kegan. As grounds for opposition, Opposer alleges the following.

1. Opposer owns the trademark GUILT FREE for various foods and services, including frozen confections, ice cream, restaurant services, and baked goods.

2. Opposer owns the valid incontestable United States Trademark Registration 2,120,649, issued 9 December 1997, for GUILT FREE for frozen

Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 1

confections, with first use at least as early as September 1996. (See Exhibit 1, Registration, and Exhibit 2, TESS report).

3. Opposer owns the valid incontestable United States Trademark Registration 2,316,804, issued 8 February 2000, for GUILT FREE for frozen dairy confections. (See Exhibit 3, Registration, and Exhibit 4, TESS report).

4. Opposer owns the valid incontestable United States Trademark Registration 2,367,307, issued 18 July 2000, for GUILT FREE for restaurant services etc., with first use at least as early as 1991. (See Exhibit 5, Registration, and Exhibit 6, TESS report, and Exhibit 7, Recorded Assignment R/F 4713/0742).

5. Opposer owns the valid United States Trademark Registration 5,931,931, issued 10 December 2019, for GUILT FREE for bakery goods, with first use at least as early as 22 May 2019. (See Exhibit 8, Registration, and Exhibit 9, TESS report).

6. Opposer, directly, or through licensees inuring goodwill to the benefit of Yarnell, has used its GUILT FREE trademarks for foods since at least as early as September 1996, all of which are entitled to common law trademark protection, and has not abandoned the marks.

7. Opposer or its licensees have used its GUILT FREE trademark, typically in a source-indicative distinctive stylized text, on diverse foods and services, including: Frozen dairy confections, Frozen confections, Restaurant services, Bakery goods, Snack bars, Peanut butter; Catsup, and barbeque sauce, Rolls doughnuts, muffins, cookies, Chocolate pies, Jams, jellies, butter, margarine, eggs, and toppings, namely dairy-based whipped toppings

Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 2

and non-dairy based whipped toppings; cocoa, gravies puddings and dairy- based desserts; soft drinks, namely, non-carbonated soft drinks, Processed meat, Non-dairy dips, Processed nuts, Toppings, namely, fruit toppings, Not frozen yogurt and egg nog, Dips, namely dairy-based dips, Cottage cheese, sour cream, and milk, Toppings, namely, chocolate syrup and fudge topping, Cakes, candy, pies, namely fruit pies, dairy-based spreads and cheese; Cheese cakes, syrup, namely, chocolate syrup and table syrup, cake frosting, sugar substitutes, pizza, salad dressing, and GUILT FREE CARB AWARE for Frozen confections and frozen dairy. Opposer's predecessor and its licensees may have used the GUILT FREE mark on additional goods and services (See Exhibit 10 selections).

8. Yarnell is the owner of federal registrations 2,065,990 (dips); 2,096,125 (cottage cheese, sour cream, milk, frozen yogurt); 2,099,328 (yogurt, eggs); 2,120,649 (Frozen confections); 2,172,033 (cakes, candy, pies—fruit pies); 2,179,680 (toppings, chocolate syrup, fudge topping); 2,181,580 (soft drinks, pizza, mayonnaise, salad dressing, chocolate toppings, chocolate syrup, table syrup, cheese cakes, cake frostings, sugar substitutes, dairy- based spreads and cheese), 2,189,581 (non-dairy dips); 2,189,588 (rolls, doughnuts, muffins, cookies); 2,192,459 (processed meat); 2,200,081 (processed nuts); 2,200,109 (peanut butter, catsup, barbeque sauce); 2,205,913 (soft drinks, cocoa, gravies, puddings, dairy-based desserts, eggs, jams, jellies, butter, margarine, chocolate pudding, toppings); 2,215,013 (fruit toppings); 2,226,444 (chocolate pies); 2,36,804 (frozen dairy confections).

9. Opposer’s GUILT FREE mark for food is associated with a single source.

Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 3

10. Opposer’s GUILT FREE mark for food is distinctive.

11. About February 2012 the assets of Opposer's predecessor Yarnell Ice Cream, Inc. were purchased from Yarnell's bankruptcy estate by an affiliate of Schulze and Burch Biscuit Company (S&B). Included in the purchased assets were trademarks including common law trademarks, trademark registrations, goodwill, and manufacturing facilities.

12. Opposer Yarnell Ice Cream, LLC and Schulze and Burch Biscuit Company received extensive publicity for S&B's rescue of Yarnell Ice Cream brand and products.

13. S&B, and its predecessors, have manufactured, marketed, and sold various bakery goods since about 1923.

14. In addition to marketing food products under its own brands, S&B manufactures and packages food products for other companies.

15. Applicant has applied to register GUILTLESS FRIES for Class 29, French fried potatoes, French fries.

16. Applicant has disclaimed “fries” as descriptive of its goods, and thus FRIES lacks source indicating significance.

17. In the United States, “French fried potatoes” and “French fries” are synonyms for the same food product (Exhibit 71).

18. Typical fast food burger restaurants also serve desserts, including ice cream, soft serve, and other frozen confections (for example Exhibits 72 & 73).

19. Yarnell has marketed GUILT FREE ketchup (Exhibit 64).

Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 4

20. Yarnell has marketed GUILT FREE barbeque sauce (Exhibit 64).

21. Yarnell has marketed GUILT FREE pizza (Exhibit 65).

22. Yarnell has marketed GUILT FREE eggs (Exhibit 66).

23. Yarnell has marketed organic, vegetarian non-dairy dips.

24. Some vendors sell both Yarnell’s frozen confections and French fries.

25. Applicant emphasizes "guilt" in its mark by its applied-for mark starting with the strong “guilt” phrase.

26. Applicant’s GUILTLESS has the identical meaning as Registrant’s GUILT FREE.

27. Applicant’s mark includes the whole meaning of Opposer’s mark, GUILT FREE.

28. Opposer has priority over applicant.

29. Applicant’s GUILTLESS FRIES mark is confusingly similar to Opposer’s GUILT FREE mark.

30. Retail prices for frozen confections are often low per serving.

31. Retail prices for frozen confections are often low per package.

32. Retail prices for French fries are often low per serving.

33. Retail prices for burgers are often low per serving.

34. Retail prices fast food restaurant items are often low per serving.

Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 5

35. Retail prices for a serving of pizza are often low at a fast food restaurant.

36. Retail prices for an egg sandwich at a fast food restaurant are often low.

37. Consumers who purchase or eat French fries often also purchase or eat ice cream or other frozen confections.

38. Consumers who purchase or eat French fries often also purchase or eat pizza.

39. Consumers who purchase or eat French fries often also purchase or eat burgers.

40. Children often eat French fries; children often eat ice cream or other frozen confections.

41. Consumers often eat French fries with ketchup.

42. Applicant online menu markets a wide variety of foods with the GUILTLESS trademark prefix (Exhibit 70).

43. Applicant markets GUILTLESS BURGERS, GUILTLESS CHICKEN SANDWICH, GUILTLESS MEATLESS BURGER, GUILTLESS VEGGIE BURGER, GUILTLESS GUACAMOLE SANDWICH, GUILTLESS OMLET SANDWICH, GUILTLESS EGG SANDWICH, GUILTLESS GUACAMOLE TOAST, GUILTLESS GUACAMOLE, GUILTLESS EGGS, GUILTLESS OMLET, GUILTLESS RUSSET POTATO FRIES, and GUILTLESS SWEET POTATO FRIES.

44. Opposer believes and alleges that Applicant's mark, when applied to the goods of Applicant, are likely to cause confusion or mistake or to deceive,

Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 6

and will cause confusion and mistake, and will deceive and mislead the trade and the purchasing and consuming public in general into believing Applicant's goods are the goods and services of Registrant, or Applicant is licensed or controlled by Registrant, or Applicant is a subsidiary of, or in some way related to Registrant, or Registrant’s goods or services are the goods or services of Applicant, or Registrant is licensed or controlled by Applicant, or Registrant is a subsidiary of, or in some way related to Applicant.

45. Applicant’s dinner, lunch, and breakfast menus feature multiple GUILTLESS-prefixed trademark foods.

46. Applicant’s marketing of the flood of trademarked GUILTLESS prefixed foods creates a likelihood of reverse confusion with Opposer’s diverse GUILT FREE foods and services.

47. Each of Opposer’s above cited federal trademark registrations and common law trademarks has priority over Applicant’s flood of recently marketed GUILTLESS-prefixed foods.

48. By reason of the foregoing facts, Registrant will be irreparably damaged by the registration of Applicant's confusingly similar mark.

49. Exhibits 1-9 are true and accurate copies of the cited registrations and TESS reports. Exhibit 70 is a true and accurate copy of Applicant’s online menu, captured on 22Mar2020 from . Exhibits 71-73 are true and accurate copies of Internet webpages, captured on 7&8 Oct 2019 from , , and

Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 7

. Exhibits 10, 61-63 are copied from the PTO- TSDR, 27Oct2008 use specimens, .

WHEREFORE, Opposer respectfully requests the opposition to the registration be sustained and registration refused.

4 April 2020 Respectfully submitted, /Daniel Kegan/ Daniel Kegan Jay Giusti KEGAN & KEGAN, LTD. 79 W Monroe St #1310 Chicago IL 60603-4931 312-782-6495 Attorneys for Opposer

EXHIBITS 1. GUILT FREE, Trademark Registration 2,120,649 9 Dec 1997 2. GUILT FREE, TESS Report ® 2,120,649 25 July 2019 3. GUILT FREE, Trademark Registration 2,316,804 8 Feb 2000 4. GUILT FREE, TESS Report ® 2,316,804 25 July 2019 5. GUILT FREE, Trademark Registration ® 2,367,307 18 July 2000 6. GUILT FREE, TESS Report ® ® 2,367,307 7 Oct 2019 7. GUILT FREE, Assignments to Yarnell, LLC, Recorded 12 May 2019 8. GUILT FREE, Trademark Registration 5,931,931 24 Sep 2019 9. GUILT FREE, TESS Report ® 5,931,931 21 Mar 2020 10. Yarnell GUILT FREE Diverse Food Products (PTO Use Specimens) 11-63 Reserved 64. Yarnell GUILT FREE Ketchup, Barbeque Sauce 65. Yarnell GUILT FREE Pizza 66. Yarnell GUILT FREE Eggs 67-69 Reserved 70. QuickBurger Menu 22 Mar 2020 71. French fries, Wikipedia 7 Oct 2019 72. McDonald’s Menu (top) Desserts & Shakes 8 Oct 2019 73. Burger King Menu (top) Sweets 8 Oct 2019

Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 8 CERTIFICATE OF SERVICE. The undersigned certifies that a copy of this paper is being served by email on counsel for Applicant, Jenny Shin, [email protected], 28600 Mercedes St #100, Temecula CA 92590 on the below date.

4 April 2020 Signed /daniel kegan/ Daniel Kegan

Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 9

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Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits

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Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits

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Word Mark GUILT FREE Goods and IC 030. US 046. G & S: frozen confections. FIRST USE: 19960930. FIRST USE IN COMMERCE: Services 19960930 Mark Drawing (1) TYPED DRAWING Code Serial Number 75976039 Filing Date January 11, 1993 Current Basis 1A Original Filing 1B Basis Published for July 18, 1995 Opposition Registration 2120649 Number Registration December 9, 1997 Date Owner (REGISTRANT) Yarnell Ice Cream Co., Inc. CORPORATION ARKANSAS 205 South Spring Street Searcy ARKANSAS 72145

(LAST LISTED OWNER) YARNELL ICE CREAM, LLC LIMITED LIABILITY COMPANY DELAWARE % Schulze and Burch Biscuit Co 1133 W 35th St Chicago ILLINOIS 60609 Assignment ASSIGNMENT RECORDED Recorded Attorney of Daniel Kegan Record Prior 1644104;1735084 Registrations Type of Mark TRADEMARK Register PRINCIPAL http://tmsearch.uspto.gov/bin/showfield?f=doc&state=48095jl4ge.2.1 Page 1 of 2 Y-1104 Trademark Electronic Search System (TESS) 9/14/18, 248 PM

Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20170614. Renewal 2ND RENEWAL 20170614 Live/Dead LIVE Indicator

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Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits

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Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits

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Word Mark GUILT FREE Goods and IC 030. US 046. G & S: Frozen Dairy Confections. FIRST USE: 19911122. FIRST USE IN COMMERCE: Services 19911122 Mark Drawing (1) TYPED DRAWING Code Serial Number 75683376 Filing Date April 15, 1999 Current Basis 1A Original Filing 1A Basis Published for November 16, 1999 Opposition Registration 2316804 Number Registration February 8, 2000 Date Owner (REGISTRANT) Yarnell Ice Cream Co., Inc. CORPORATION ARKANSAS 205 South Spring Street Searcy ARKANSAS 72143

(LAST LISTED OWNER) YARNELL ICE CREAM, LLC LIMITED LIABILITY COMPANY DELAWARE 205 SOUTH SPRING ST. SEARCY ARKANSAS 72143 Assignment ASSIGNMENT RECORDED Recorded

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Attorney of Daniel Kegan Record Prior 1644104;2065990;2096125;AND OTHERS Registrations Type of Mark TRADEMARK Register PRINCIPAL Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20100212. Renewal 1ST RENEWAL 20100212 Live/Dead LIVE Indicator

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Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits

Y-1123

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Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits

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Word Mark GUILT FREE Goods and IC 042. US 100 101. G & S: restaurant services, namely the offering, preparation and serving of entrees, Services appetizers, soups, salads, breads and side items excluding frozen dairy confections in such manner as to contain less fat. FIRST USE: 19910723. FIRST USE IN COMMERCE: 19910723 Mark Drawing (1) TYPED DRAWING Code Serial 74309288 Number Filing Date August 26, 1992 Current 1A Basis Original 1A Filing Basis Published for July 25, 1995 Opposition Registration 2367307 Number Registration July 18, 2000 http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4805:d97oig.6.21 Page 1 of 2 Y-1125 Trademark Electronic Search System (TESS) 5/19/19, 102 AM

Date Owner (REGISTRANT) Quaintance-Weaver, Inc. CORPORATION NORTH CAROLINA P. O. Box 29228 Greensboro NORTH CAROLINA 27429

(LAST LISTED OWNER) YARNELL ICE CREAM, LLC LIMITED LIABILITY COMPANY DELAWARE 205 SOUTH SPRING ST. SEARCY ARKANSAS 72143 Assignment ASSIGNMENT RECORDED Recorded Attorney of Daniel Kegan Record Type of SERVICE MARK Mark Register PRINCIPAL Affidavit SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20100716. Text Renewal 1ST RENEWAL 20100716 Live/Dead LIVE Indicator

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Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits

USPTO Assignments on the Web 5/12/19, 1210 PM

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Trademark Assignment Abstract of Title

Total Assignments: 2 Serial #: 74309288 Filing Dt: 08/26/1992 Reg #: 2367307 Reg. Dt: 07/18/2000 Registrant: Quaintance-Weaver, Inc. Mark: GUILT FREE Assignment: 1 Reel/Frame: 3276/0753 Recorded: 03/22/2006 Pages: 2 Conveyance: ASSIGNS THE ENTIRE INTEREST Assignor: QUAINTANCE-WEAVER, INC. Exec Dt: 02/28/2000 Entity Type: CORPORATION Citizenship: NORTH CAROLINA Assignee: YARNELL ICE CREAM CO., INC. Entity Type: CORPORATION 205 SOUTH SPRING ST. Citizenship: ARKANSAS SEARCHY, ARKANSAS 72143 Correspondent: RUSSELL H. WALKER WALKER, MCKENZIE & WALKER, P.C. 6363 POPLAR AVE., SUITE 434 MEMPHIS, TENNESSEE 38119-4896 Assignment: 2 Reel/Frame: 4713/0742 Recorded: 02/08/2012 Pages: 8 Conveyance: ASSIGNS THE ENTIRE INTEREST Assignor: YARNELL ICE CREAM COMPANY INC. Exec Dt: 02/01/2012 Entity Type: CORPORATION Citizenship: ARKANSAS Assignee: YARNELL ICE CREAM, LLC Entity Type: LIMITED LIABILITY COMPANY 205 SOUTH SPRING ST. Citizenship: DELAWARE SEARCY, ARKANSAS 72143 Correspondent: BECKY A. WILLIAMS 525 W. MONROE STREET, SUITE 1900 CHICAGO, IL 60661

Search Results as of: 05/12/2019 01:10 PM If you have any comments or questions concerning the data displayed, contact PRD / Assignments at 571-272-3350. v.2.6 Web interface last modiﬁed: August 25, 2017 v.2.6

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Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits

Reg. No. 5,931,931 Yarnell Ice Cream, LLC (DELAWARE LIMITED LIABILITY COMPANY) 1133 W 35th Street Registered Dec. 10, 2019 Chicago, ILLINOIS 60609 Int. Cl.: 30 CLASS 30: Bakery goods FIRST USE 5-22-2019; IN COMMERCE 5-22-2019 Trademark THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY Principal Register PARTICULAR FONT STYLE, SIZE OR COLOR OWNER OF U.S. REG. NO. 2316804, 2120649, 2367307

SER. NO. 88-454,752, FILED 05-31-2019

Exhibit

Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits

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Word Mark GUILT FREE Goods and Services IC 030. US 046. G & S: Bakery goods. FIRST USE: 20190522. FIRST USE IN COMMERCE: 20190522 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 88454752 Filing Date May 31, 2019 Current Basis 1A Original Filing Basis 1A Published for September 24, 2019 Opposition Registration Number 5931931 Registration Date December 10, 2019 Owner (REGISTRANT) Yarnell Ice Cream, LLC LIMITED LIABILITY COMPANY DELAWARE 1133 W 35th Street Chicago ILLINOIS 60609 Attorney of Record Daniel Kegan Prior Registrations 2120649;2316804;2367307 Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE

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Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits

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Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits

Menu – Quick Burger 3/22/20, 705 PM

Home Environmental Healthy Careers About Us Hours & Location Menu ! "

** Grand Opening Specials **

Lunch & Dinner

Old fashioned hamburger with 1/4 Flame-broiled chicken breast Flame-broiled 1/4 lb Beyond Meat lb FRESH 100% USA with lettuce, tomato, pickles and burger ﬂame-broiled beef, lettuce, onions with with lettuce, tomato, pickles and tomato. pickles and onions GUILTLESS MAYO sauce and lower onions with with GUILTLESS AIOLI sauce and sodium GUILTLESS vegan mayo sauce and reduced sodium lower sodium $2.95 $1.95 $3.95

https://quickburgerusa.com/menu/ Page 1 of 6 Menu – Quick Burger 3/22/20, 705 PM

Spicy black bean veggie Quick Burger’s own burger with special guacamole lettuce,tomato, pickles sandwich with lettuce, and onions with tomato and onions with GUILTLESS vegan mayo lite sour cream and sauce and reducerd reduced sodium sodium $2.95 $3.35

Breakfast

Quick Burger’s own special Veggie omelet with cheese Two egg sandwich guacamole with no added oils or butter and with no added butter or oils and toast with lite sour cream and reduced sodium reduced sodium reduced sodium

$1.85 $1.35 $1.95

https://quickburgerusa.com/menu/ Page 2 of 6 Menu – Quick Burger 3/22/20, 705 PM

Extras

Whole wheat bun Lettuce wrap Extra beef patty Extra meatless patty

$0.30 $0.40 $1.55 $2.90

Spicy Chinese hot chili Jalapenos Two 1/2 slices bacon Barbecue sauce crisp

$0.35 $0.55 $0.45 $0.65

Mild salsa -on sandwhich Mild salsa -in container Ketchup Lite Ranch dressing

$0.45 $0.55 $0.25 $0.40

https://quickburgerusa.com/menu/ Page 3 of 6 Menu – Quick Burger 3/22/20, 705 PM

Guac -in sandwhich Guac -in container Two eggs Omelet

$0.95 $1.15 $0.85 $1.15

Pepper-jack cheese Swiss cheese Cheddar cheese American cheese

$0.35 $0.35 $0.35 $0.30

Fries

Russet potatoes air fried Sweet potatoes air fried in combi ovens tossed in in combi ovens tossed in 100% olive oil spice mix 100% olive oil spice mix with NO additional salt with NO additional salt

M-$1.65 L- M-$1.95 L-

https://quickburgerusa.com/menu/ Page 4 of 6 Menu – Quick Burger 3/22/20, 705 PM

$1.95 $2.25

Beverages

Vanilla and Chocolate Shakes

Vanilla and Mocha Iced Lattes Regular and Decaf Coﬀees S-$1.45 M-$1.85 M-$1.85 L-$2.25 L-$2.35 M-$1.45 L-$1.85

Apple and Orange Juice Various Sodas

S-$1.45 M- S-$1.45 M- $1.85 L-$2.25 $1.85 L-$2.25

Deserts

https://quickburgerusa.com/menu/ Page 5 of 6 Menu – Quick Burger 3/22/20, 705 PM

Chocolate chip cookies with reduced butter and Desert size shakes vanilla white sugar and chocolate

$0.85 $1.45

Quick Burger strives to oﬀer healthier alternatives in their GUILTLESS lines. This includes lower sodium, reduced calories and oils, and whole wheat options. We also substitute olive oil for vegetable oils, spice mixes for salt and stevia for white sugar wherever possible. For instance, all of our "fries" are actually oven air fried in combi ovens and tossed in 100% olive oil and a spice mix with no added salt. And guess what? They all taste great!

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Exhibit

Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits

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French fries

French fries, or simply fries (North American English), chips (British French Fries and Commonwealth English),[1] finger chips (Indian English)[2], or french-fried potatoes, are batonnet or allumette-cut deep-fried potatoes.

French fries are served hot, either soft or crispy, and are generally eaten as part of lunch or dinner or by themselves as a snack, and they commonly appear on the menus of diners, fast food restaurants, pubs, and bars. They are usually salted and, depending on the country, may be served with ketchup, vinegar, mayonnaise, tomato sauce, or other local Alternative Chips, ﬁnger chips, fries, specialties. Fries can be topped more heavily, as in the dishes of poutine names frites, hot chips, steak or chili cheese fries. Chips can be made from kumara or other sweet fries, potato wedges, potatoes instead of potatoes. A baked variant, oven chips, uses less oil or wedges [3] no oil. One very common fast food dish is fish and chips. Course Side dish or snack, rarely as a main dish Place of Belgium or France Contents origin (disputed)

Preparation Serving Hot temperature Etymology Main Potatoes By country or region ingredients Latin America Oil Belgium and the Netherlands Variations Curly fries, shoestring Spain fries, steak fries, sweet France Canada potato fries, Chili cheese Germany and Austria fries, poutine South Africa Other Often served with salt United Kingdom and Ireland information and a side of ketchup, United States mayonnaise, vinegar, Variants barbecue sauce, or Accompaniments other sauce Health aspects Cookbook: French Fries Legal issues Media: French Fries See also References

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Bibliography

Preparation

French fries are prepared by first cutting the potato (peeled or unpeeled) into even strips, which are then wiped off or soaked in cold water to remove the surface starch, and thoroughly dried.[4][5] They may then be fried in one or two stages. Chefs generally agree that the two-bath technique produces better results.[4][6][7] Potatoes fresh out of the ground can have too high a water content—resulting in soggy fries—so preference is for those that have been stored for a while.[8]

In the two-stage or two-bath method, the first bath, sometimes called blanching, is in hot fat (around 160 °C / 320 °F) to cook them through. This Pommes frites with a mayonnaise step can be done in advance.[4] Then they are more briefly fried in very hot packet fat (190 °C / 375 °F) to crisp the exterior. They are then placed in a colander or on a cloth to drain, salted, and served. The exact times of the two baths depend on the size of the potatoes. For example, for 2–3 mm strips, the first bath takes about 3 minutes, and the second bath takes only seconds.[4] One can cook french fries using several techniques. Deep frying submerges food in hot fat, most commonly oil. Vacuum fryers are suitable to process low-quality potatoes with higher sugar levels than normal, as they frequently have to be processed in spring and early summer before the potatoes from the new harvest become available. In the UK, a chip pan is a deep-sided cooking pan used for deep-frying. Chip pans are named for their traditional use in frying chips.

Most french fries are produced from frozen potatoes which have been blanched or at least air-dried industrially.[9] Most chains that sell fresh cut fries use the Idaho Russet Burbank variety of potatoes. It has been the standard for french fries in the United States.[8] The usual fat for making french fries is vegetable oil. In the past, beef suet was recommended as superior,[4] with vegetable shortening as an alternative. In fact, McDonald's used a mixture of 93% beef tallow and 7% cottonseed oil until 1990, when they switched to vegetable oil with beef flavoring.[10][11] Starting in the 1960s, more fast food restaurants have been using frozen french fries.[8]

Etymology

In the United States and most of Canada, the term french fries, sometimes capitalized as French fries, or shortened to fries, refers to all dishes of fried elongated pieces of potatoes. Variations in shape and size may have names such as curly fries, shoestring fries, etc.[12] (see § Variants). In the United Kingdom, Australia, South Africa, Ireland and New Zealand, the term chips is generally used instead, though thinly cut fried potatoes are sometimes called french fries, skinny fries, or pommes frites (from French), to distinguish them from chips, which are cut thicker. A person from the US or Canada might instead refer to these more thickly-cut chips as steak fries or potato wedges, depending on the shape, as the word chips is more often used to refer to potato chips, known in the UK and Ireland as crisps.

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Thomas Jefferson had "potatoes served in the French manner" at a White House dinner in 1802.[13][14] The expression "french fried potatoes" first occurred in print in English in the 1856 work Cookery for Maids of All Work by E. Warren: "French Fried Potatoes. – Cut new potatoes in thin slices, put them in boiling fat, and a little salt; fry both sides of a light golden brown colour; drain."[15] This account referred to thin, shallow-fried slices of potato (French cut) – it is not clear where or when the now familiar deep-fried batons or fingers of potato were first prepared. In the early 20th century, the term "french fried" was being used in the sense of "deep-fried" for foods like onion rings or chicken.[16][17]

By country or region

Latin America

As the place of origin of the potato, the earliest records of fries are found in Latin America. One of the first documented mentions is given by Chilean criollo Francisco Núñez de Pineda y Bascuñán in his work Cautiverio feliz (1673), where he says that Mapuche women "sent fried and stewed potatoes" in a dinner while he stayed in the Fort Nativity during 1629.[18]

Currently, fries are a common side dish in Latin American cuisine or part of larger preparations like the salchipapas in Peru or chorrillana in Chile.

Belgium and the Netherlands

The French and Belgians have an ongoing dispute about where fries were invented, with both countries claiming ownership.[19] From the Belgian standpoint the popularity of the term "french fries" is explained as a "French gastronomic hegemony" into which the cuisine of Belgium was assimilated because of a lack of understanding coupled with a shared language and geographic proximity of the countries.[19]

Belgian journalist Jo Gérard claims that a 1781 family manuscript recounts

that potatoes were deep-fried prior to 1680 in the Meuse valley, in what was A patatje speciaal, with frietsaus, then the Spanish Netherlands (present-day Belgium): "The inhabitants of curry ketchup or tomato ketchup, and Namur, Andenne, and Dinant had the custom of fishing in the Meuse for chopped raw onions, is popular in the small fish and frying, especially among the poor, but when the river was Netherlands. frozen and fishing became hazardous, they cut potatoes in the form of small fish and put them in a fryer like those here."[20][21] Gérard has not produced the manuscript that supports this claim due to the fact that it is unrelated to the later history of the French fry, as the potato did not arrive in the region until around 1735. Also, given 18th century economic conditions: "It is absolutely unthinkable that a peasant could have dedicated large quantities of fat for cooking potatoes. At most they were sautéed in a pan...".[22]

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At least one source says that "french fries" for deep-fried potato batons was also introduced when American, Canadian, and British soldiers arrived in Belgium during World War I. The Belgians had previously been catering to the British soldiers' love of chips and continued to serve them to the other troops when they took over the western end of the front.[23] The Belgians served them, and since French was the language of the Belgian Army, the name "French" was associated with the food. However, other sources disagree.[20] Since a Frenchman (Parmentier) first made the potato popular, it is not surprising that the first reference to fried potatoes appears to come from France: in 1775, investigators there found fried potatoes in a dish. Through the nineteenth century, fried potatoes became common enough that songs and engravings took the “Fried Potato Vendor” as a popular subject. But at first, these were cut in rounds. In 1865, Gogué, in France, wrote to cut them either round or “in long and squared pieces”; in 1870, Cauderlier, in Belgium, also offered both options. Given the lag between practice and print, one cannot say that the five years’ difference is significant; the most likely hypothesis is that the practice grew up spontaneously and spread across both countries.[24] Some other sources

refer to the old-English verb to french, meaning to cut lengthwise, as the A Belgian frites shop origin of the name. At that time, the term "french fries" was growing in popularity – the term was already used in the United States as early as 1899 – although it isn't clear whether this referred to batons (chips) or slices of potato e.g. in an item in Good Housekeeping which specifically references "Kitchen Economy in France": "The perfection of french fries is due chiefly to the fact that plenty of fat is used".[25]

"Pommes frites" or just "frites" (French), "frieten" (a word used in Flanders and the southern provinces of the Netherlands) or "patat" (used in the north and middle parts of the Netherlands) became the national snack and a substantial part of several national dishes, such as Moules-frites or Steak-frites.[26] Fries are very popular in Belgium, where they are known as frieten (in Dutch) or frites (in French), and the Netherlands, where among the working classes they are known as patat in the north and, in the south, friet(en).[27] In Belgium, fries are sold in shops called friteries (French), frietkot/frituur (Belgian Dutch), snackbar (Dutch in The Netherlands) or Fritüre/Frittüre (German). They are served with a large variety of Belgian sauces and eaten either on their own or with other snacks. Traditionally fries are served in a cornet de frites (French), patatzak[28]/frietzak/fritzak (Dutch/Flemish), or Frittentüte (German), a white cardboard cone, then wrapped in paper, with a spoonful of sauce (often mayonnaise) on top.

Friteries and other fast food establishments tend to offer a number of different sauces for the fries and meats. In addition to ketchup and mayonnaise, popular options include:[29] aioli, sauce andalouse, sauce Americaine, joppiesaus, Bicky Dressing (Gele Bicky-sauce), curry mayonnaise, mammoet-sauce, peanut sauce, samurai-sauce, sauce "Pickles", pepper- sauce, tartar sauce, zigeuner sauce, and à la zingara.

Spain

In Spain, fried potatoes are called patatas fritas or papas fritas. Another common form, involving larger irregular cuts, is patatas bravas. The potatoes are cut into big chunks, partially boiled and then fried. They are usually seasoned with a spicy tomato sauce, and the dish is one of the most preferred tapas by Spaniards.[30] Fries may have been invented in

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Spain, the first European country in which the potato appeared from the New World colonies, and assume fries' first appearance to have been as an accompaniment to fish dishes in Galicia,[31] from which it spread to the rest of the country and then further away, to the "Spanish Netherlands", which became Belgium more than a century later. Professor Paul Ilegems, curator of the Frietmuseum in Bruges, Belgium, believes that Saint Teresa of Ávila of Spain cooked the first french fries, and refers also to the tradition of frying in Mediterranean cuisine as evidence.[21][32]

France

In France and other French-speaking countries, fried potatoes are formally pommes de terre frites, but more commonly pommes frites, patates frites, or simply frites. The words aiguillettes ("needle-ettes") or allumettes ("matchsticks") are used when the french fries are very small and thin. One enduring origin story holds that french fries were invented by street vendors on the Pont Neuf bridge in Paris in 1789, just before the outbreak of the Steak frites in Fontainebleau, France French Revolution.[33] However, a reference exists in France from 1775 to "a few pieces of fried potato" and to "fried potatoes".[34]

Eating potatoes for sustenance was promoted in France by Antoine-Augustin Parmentier, but he did not mention fried potatoes in particular. Many Americans attribute the dish to France and offer as evidence a notation by U.S. President Thomas Jefferson: "Pommes de terre frites à cru, en petites tranches" ("Potatoes deep-fried while raw, in small slices") in a manuscript in Thomas Jefferson's hand (circa 1801–1809) and the recipe almost certainly comes from his French chef, Honoré Julien.[13] In addition, from 1813[35] on, recipes for what can be described as "french fries" occur in popular American cookbooks. By the late 1850s, a cookbook was published that used the term French Fried Potatoes.[36] The thick-cut fries are called Pommes Pont-Neuf[4] or simply pommes frites (about 10 mm); thinner variants are pommes allumettes (matchstick potatoes; about 7 mm), and pommes paille (potato straws; 3–4 mm). (Roughly 0.4, 0.3 and 0.15 inch respectively.) Pommes gaufrettes are waffle fries. A popular dish in France is steak-frites, which is steak accompanied by thin french fries.

Canada

The town of Florenceville-Bristol, New Brunswick, headquarters of McCain Foods, calls itself "the French fry capital of the world" and also hosts a museum about potatoes called "Potato World".[37] It is also one of the world's largest manufacturers of frozen french fries and other potato specialties.[38]

French fries are the main ingredient in the Canadian/Québécois dish known (in both Canadian English and Canadian French) as poutine, a dish consisting of fried potatoes covered with cheese curds and brown gravy. Poutine has a growing number of variations but is generally considered to have been developed in rural Québec sometime in the 1950s, although precisely where in the province it first appeared is a matter of contention.[39][40][41] Canada is also responsible for providing 22% of China's french fries.[42][43]

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French fries migrated to the German-speaking countries during the 19th century. In Germany, they are usually known by the French words pommes frites, or only Pommes or Fritten (derived from the French words but pronounced as A popular Québécois dish is poutine, German words).[44] Often served such as this one from La Banquise with ketchup or mayonnaise, restaurant in Montreal. It is made they are popular as a side dish in Currywurst and fries, Germany with french fries, cheese curds and restaurants, or as a street-food gravy. snack purchased at an Imbissstand (snack stand). Since the 1950s, currywurst has become a widely-popular dish that is commonly offered with fries. Currywurst is a sausage (often bratwurst or bockwurst) in a spiced ketchup-based sauce, dusted with curry powder.[45]

South Africa

Whilst eating 'regular' crispy french fries is common in South Africa, a regional favorite, particularly in Cape Town, is a soft soggy version doused in white vinegar called "slap-chips" (pronounced "slup-chips" in English or "slaptjips" in Afrikaans).[46][47][48] These chips are typically thicker and fried at a lower temperature for a longer period of time than regular french fries.[46] Slap-chips are an important component of a Gatsby sandwich, also a common Cape Town delicacy.[46] Slap-chips are also commonly served with deep fried fish which are also served with the same white vinegar.

United Kingdom and Ireland

The standard deep-fried cut potatoes in the United Kingdom are called chips, and are cut into pieces between 10 and 15 mm (0.39 and 0.59 in) wide. They are occasionally made from unpeeled potatoes (skins showing). British chips are not the same thing as potato chips (an American term); those are called "crisps" in Britain. In the UK, chips are part of the popular, and now international, fast food dish fish and chips.

The first commercially available chips in the UK were sold by Mrs. 'Granny' Duce in one of the West Riding towns in 1854.[49] A blue plaque in Oldham marks the origin of the fish-and-chip shop, and thus the start of the fast food industry in Britain.[50] In Scotland, chips were first sold in Dundee: "in the 1870s, that glory of British gastronomy – the chip – was first sold by Belgian immigrant Edward De Gernier in the city's Greenmarket".[51] In Ireland the first chip shop was "opened by Giuseppe Fish and chips Cervi", an Italian immigrant, "who arrived there in the 1880s".[52] It is estimated that in the UK, 80% of households buy frozen chips each year.[53]

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United States

Although french fries were a popular dish in most British Commonwealth countries, the "thin style" french fries have been popularized worldwide in large part by the large American fast food chains such as McDonald's, Burger King, Wendy's, and White Castle.[54] In the United States, the J. R. Simplot Company is credited with successfully commercializing french fries in frozen form during the 1940s. Subsequently, in 1967, Ray Kroc of McDonald's contracted the Simplot company to supply them with frozen fries, replacing fresh-cut potatoes. In 2004, 29% of the United States' potato crop was used

French fry production with to make frozen fries – 90% consumed by the food services sector and 10% by [55] thermostatic temperature control, at retail. The United States is also known for supplying China with most of a restaurant their french fries as 70% of China's french fries are imported.[56][43]

Pre-made french fries have been available for home cooking since the 1960s, having been pre-fried (or sometimes baked), frozen and placed in a sealed plastic bag.[57] Some varieties of french fries that appeared later have been battered and breaded, and many fast food chains in the U.S. dust the potatoes with kashi, dextrin, and other flavor coatings for crispier fries with particular tastes.[58] French fries are one of the most popular dishes in the United States, commonly being served as a side dish to entrees and being seen in fast food restaurants. The average American eats around 30 pounds of french fries a year.[59][60]

Variants

French fries come in multiple variations. A partial list, in alphabetical order:

Carne asada fries – fries covered with carne asada, guacamole, sour cream and cheese. Cheese fries (UK – cheesy chips) – fries covered with cheese. Chile fries – (not to be confused with chili fries) fries topped with green chile peppers, common in the US state of New Mexico. Chili fries – (not to be confused with chile fries) fries covered with chili con carne. Chili cheese fries – fries covered with chili and cheese. Chorrillana – a Chilean dish consisting of a plate of french fries topped A child holding tornado fries with different types of sliced meat, sausages and other ingredients. Crinkle-cut fries – also known as "wavy fries", these are cut in a corrugated, ridged fashion.[12] Curly fries – characterized by their helical shape, cut from whole potatoes using a specialized spiral slicer[12] Curry chips – fries covered in curry sauce, a popular item served by chip shops in Ireland and Northern England. Dirty fries – fries covered in melted cheese, bits of bacon and chili pepper. French fry sandwich[61] – such as the chip butty and the Mitraillette. Oven fries – fries that are cooked in the oven as a ﬁnal step in the preparation (having been coated with oil during preparation at the factory), often sold frozen. Potato wedges – Thick-cut, elongated wedge-shaped fries[12] with the skin left on.

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Poutine – a dish consisting of fries topped with cheese curds and light brown gravy and principally associated with the Canadian province of Québec. Shoestring fries – thin-cut fries.[12] Slap-chips - thick-cut elongated fries doused in white vinegar principally associated with the Western Cape province of South Africa. Steak fries – thick-cut fries.[12] Sweet potato fries – fries made with sweet potatoes instead of traditional white potatoes. Tornado fries – spiral-cut potatoes that are placed on a skewer and then deep fried.[12] Wafﬂe fries – lattice-shaped fries[12] obtained by quarter-turning the potato before each next slide over a grater and deep-frying just once.

Chili fries Chili cheese fries Crinkle-cut fries Curly fries

Curry chips Dirty fries Shoestring fries with blue Sweet potato fries cheese dressing

Accompaniments

Fries tend to be served with a variety of accompaniments, such as salt and vinegar (malt, balsamic or white), pepper, Cajun seasoning, grated cheese, melted cheese, mushy peas, heated curry sauce, curry ketchup (mildly spiced mix of the former), hot sauce, relish, mustard, mayonnaise, bearnaise sauce, tartar sauce, chili, tzatziki, feta cheese, garlic sauce, fry sauce, butter, sour cream, ranch dressing, barbecue sauce, gravy, honey, aioli, brown sauce, ketchup, lemon juice, piccalilli, pickled cucumber, pickled gherkins, pickled onions or pickled eggs.[62]

Health aspects

French fries primarily contain carbohydrates (mostly in the form of starch) and protein from the potato, and fat absorbed during the deep-frying process. Salt, which contains sodium, is almost always applied as a surface seasoning. For example, a large serving of french fries at McDonald's in the United States is 154 grams. The 510 calories come from 66 g of carbohydrates, 24 g of fat, 7 g of protein and 350 mg of sodium.[63]

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Experts have criticized french fries for being very unhealthy. According to Jonathan Bonnet, MD, in a TIME magazine article, "fries are nutritionally unrecognizable from a spud" because they "involve frying, salting, and removing one of the healthiest parts of the potato: the skin, where many of the nutrients and fiber are found."[64] Kristin Kirkpatrick, RD, calls french fries "...an extremely starchy vegetable dipped in a fryer that then loads on the unhealthy fat, and what you have left is a food that has no nutritional redeeming value in it at all."[64] David Katz, MD states that "French fries are often the super-fatty side dish to a burger—and both are often used as vehicles for things like sugar-laced ketchup and fatty mayo."[64]

Frying french fries in beef tallow, lard, or other animal fats adds saturated fat to the diet. Replacing animal fats with tropical vegetable oils, such as palm oil, simply Fries frying in oil substitutes one saturated fat for another. For Oven-baked fries many years partially hydrogenated vegetable oils were used as a means of avoiding cholesterol and reducing saturated fatty acid content, but in time the trans fat content of these oils was perceived as contributing to cardiovascular disease.[65] Starting in 2008, many restaurant chains and manufacturers of pre-cooked frozen french fries for home reheating phased out trans fat containing vegetable oils.[66][67]

French fries contain some of the highest levels of acrylamides of any foodstuff, and experts have raised concerns about the effects of acrylamides on human health.[68][69] According to the American Cancer Society, it is not clear as of 2013 whether acrylamide consumption affects people's risk of getting cancer.[68] A meta-analysis indicated that dietary acrylamide is not related to the risk of most common cancers, but could not exclude a modest association for kidney, endometrial or ovarian cancers.[69] A lower-fat method for producing a French fry-like product is to coat "Frenched" or wedge potatoes in oil and spices/flavoring before baking them. The temperature will be lower compared to deep frying, and which also reduces acrylamide formation.[70]

Legal issues

In June 2004, the United States Department of Agriculture (USDA), with the advisement of a federal district judge from Beaumont, Texas, classified batter-coated french fries as a vegetable under the Perishable Agricultural Commodities Act. This was primarily for trade reasons; french fries do not meet the standard to be listed as a processed food.[71][72] This classification, referred to as the "French fry rule", was upheld in the United States Court of Appeals for the Fifth Circuit case Fleming Companies, Inc. v. USDA.[73][74]

In the United States, in 2002, the McDonald's Corporation agreed to donate to Hindus and other groups to settle lawsuits filed against the chain for mislabeling french fries and hash browns as vegetarian even though beef extract flavoring was added in their production.[11]

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See also

Avocado fries Freedom fries French fry vending machine German fries List of deep fried foods Mitraillette Pommes dauphine Pommes duchesse Pommes soufﬂées

References

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Bibliography

Lingle, Blake (2016). Fries! : An Illustrated Guide to the World's Favorite Food. New York: Princeton Architectural Press. ISBN 9781616894580. Tebben, Maryann (2006). "French Fries: France's Culinary Identity from Brillat-Savarin to Barthes (essay)" (http://ﬂan. utsa.edu/conviviumartium/Tebben.html). Convivium Artium. University of Texas at San Antonio. Retrieved 28 December 2009.

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Exhibit

Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits

Exhibit

Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Style Definition: Normal BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

YARNELL ICE CREAM, LLC ) GUILTLESS FRIES Opposer, ) Serial No. 88-294,467 v ) Filed 8 Feb 2019 QUICK BURGER, INC ) Published 18 Jun 2019 Applicant. ) Opposition 91,251,483 Deleted: International Class 29

AMENDED NOTICE OF OPPOSITION

Applicant, Quick Burger, Inc asserts by its application its business address is 44261 Phelps St, Temecula CA 92592.

1. Opposer owns the trademark GUILT FREE for various foods and services, including frozen confections, ice cream, restaurant services, and baked Deleted: and goods.

2. Opposer owns the valid incontestable United States Trademark Registration 2,120,649, issued 9 December 1997, for GUILT FREE for frozen

Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 1

confections, with first use at least as early as September 1996. (See Exhibit 1, Registration, and Exhibit 2, TESS report).

Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 2

9. Opposer’s GUILT FREE mark for food is associated with a single source.

Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 3

10. Opposer’s GUILT FREE mark for food is distinctive.

12. Opposer Yarnell Ice Cream, LLC and Schulze and Burch Biscuit Company received extensive publicity for S&B's rescue of Yarnell Ice Cream brand and products.

13. S&B, and its predecessors, have manufactured, marketed, and sold various bakery goods since about 1923.

14. In addition to marketing food products under its own brands, S&B manufactures and packages food products for other companies.

15. Applicant has applied to register GUILTLESS FRIES for Class 29, French fried potatoes, French fries.

16. Applicant has disclaimed “fries” as descriptive of its goods, and thus FRIES lacks source indicating significance.

17. In the United States, “French fried potatoes” and “French fries” are synonyms for the same food product (Exhibit 71). Deleted: 7

18. Typical fast food burger restaurants also serve desserts, including ice cream, soft serve, and other frozen confections (for example Exhibits 72 & 73). Deleted: 8 & 9

19. Yarnell has marketed GUILT FREE ketchup (Exhibit 64). Deleted: 10