estta tracking number: estta1047043 04/04/2020
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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 PlaintiffYarnell Ice Cream, LLC
CorrespondenceAddress
DANIEL KEGANKEGAN & KEGAN LTD79 W MONROE ST #1310CHICAGO, IL 60603-4931UNITED STATESdaniel@keganlaw.com312-782-6495
Submission Motion to Amend Pleading/Amended Pleading
Filer's Name Daniel Kegan
Filer's email daniel@keganlaw.com
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 )
Yarnell v Quick Burger • Tmo 91,251,483 • Guiltless Fries • Consented Motion Amend Page 1
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 2
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 <daniel@keganlaw.com>
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,
Jenny@TheTemeculaLawFirm.com, 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 1
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 2
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 3
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 4
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 5
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 6
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 7
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 <https://quickburgerusa.com/menu/>. Exhibits
71-73 are true and accurate copies of Internet webpages, captured on 7&8
Oct 2019 from <https://www.mcdonalds.com/us/en-us/full-menu/desserts-
and-shakes.html>, <https://www.bk.com/menu/sweets>, and
Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 8
<en.wikipedia.org/wiki>. Exhibits 10, 61-63 are copied from the PTO-
TSDR, 27Oct2008 use specimens,
<https://tsdr.uspto.gov/documentviewer?caseId=sn75039213&docId=SPE20
081028133427#docIndex=3&page=2>.
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 <daniel@keganlaw.com>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 Reserved64. Yarnell GUILT FREE Ketchup, Barbeque Sauce65. Yarnell GUILT FREE Pizza66. Yarnell GUILT FREE Eggs67-69 Reserved70. 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 9
CERTIFICATE OF SERVICE. The undersigned certifies that a copy of this paper is being served by email on counsel for Applicant, Jenny Shin, Jenny@TheTemeculaLawFirm.com, 28600 Mercedes St #100, Temecula CA 92590 on the below date.
4 April 2020 Signed /daniel kegan/
Daniel Kegan
Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits
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Word Mark GUILT FREE
Goods andServices
IC 030. US 046. G & S: frozen confections. FIRST USE: 19960930. FIRST USE IN COMMERCE:19960930
Mark DrawingCode
(1) TYPED DRAWING
Serial Number 75976039
Filing Date January 11, 1993
Current Basis 1A
Original FilingBasis
1B
Published forOpposition
July 18, 1995
RegistrationNumber
2120649
RegistrationDate
December 9, 1997
Owner (REGISTRANT) Yarnell Ice Cream Co., Inc. CORPORATION ARKANSAS 205 South Spring Street SearcyARKANSAS 72145
(LAST LISTED OWNER) YARNELL ICE CREAM, LLC LIMITED LIABILITY COMPANY DELAWARE %Schulze and Burch Biscuit Co 1133 W 35th St Chicago ILLINOIS 60609
AssignmentRecorded
ASSIGNMENT RECORDED
Attorney ofRecord
Daniel Kegan
PriorRegistrations
1644104;1735084
Type of Mark TRADEMARK
Register PRINCIPAL
Y-1104
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Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20170614.
Renewal 2ND RENEWAL 20170614
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Word Mark GUILT FREE
Goods andServices
IC 030. US 046. G & S: Frozen Dairy Confections. FIRST USE: 19911122. FIRST USE IN COMMERCE:19911122
Mark DrawingCode
(1) TYPED DRAWING
Serial Number 75683376
Filing Date April 15, 1999
Current Basis 1A
Original FilingBasis
1A
Published forOpposition
November 16, 1999
RegistrationNumber
2316804
RegistrationDate
February 8, 2000
Owner (REGISTRANT) Yarnell Ice Cream Co., Inc. CORPORATION ARKANSAS 205 South Spring StreetSearcy ARKANSAS 72143
(LAST LISTED OWNER) YARNELL ICE CREAM, LLC LIMITED LIABILITY COMPANY DELAWARE 205SOUTH SPRING ST. SEARCY ARKANSAS 72143
AssignmentRecorded
ASSIGNMENT RECORDED
Y-1109
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Attorney ofRecord
Daniel Kegan
PriorRegistrations
1644104;2065990;2096125;AND OTHERS
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20100212.
Renewal 1ST RENEWAL 20100212
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Word Mark GUILT FREE
Goods andServices
IC 042. US 100 101. G & S: restaurant services, namely the offering, preparation and serving of entrees,appetizers, soups, salads, breads and side items excluding frozen dairy confections in such manner as tocontain less fat. FIRST USE: 19910723. FIRST USE IN COMMERCE: 19910723
MarkDrawingCode
(1) TYPED DRAWING
SerialNumber
74309288
Filing Date August 26, 1992
CurrentBasis
1A
OriginalFiling Basis
1A
PublishedforOpposition
July 25, 1995
RegistrationNumber
2367307
RegistrationJuly 18, 2000
Y-1125
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Date
Owner (REGISTRANT) Quaintance-Weaver, Inc. CORPORATION NORTH CAROLINA P. O. Box 29228 GreensboroNORTH CAROLINA 27429
(LAST LISTED OWNER) YARNELL ICE CREAM, LLC LIMITED LIABILITY COMPANY DELAWARE 205SOUTH SPRING ST. SEARCY ARKANSAS 72143
AssignmentRecorded
ASSIGNMENT RECORDED
Attorney ofRecord
Daniel Kegan
Type ofMark
SERVICE MARK
Register PRINCIPAL
AffidavitText
SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20100716.
Renewal 1ST RENEWAL 20100716
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Assignments on the Web > Trademark Query
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.
205 SOUTH SPRING ST.
SEARCHY, ARKANSAS 72143
Entity Type: CORPORATION
Citizenship: ARKANSAS
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
205 SOUTH SPRING ST.
SEARCY, ARKANSAS 72143
Entity Type: LIMITED LIABILITY COMPANY
Citizenship: DELAWARE
Correspondent: BECKY A. WILLIAMS
525 W. MONROE STREET, SUITE 1900
CHICAGO, IL 60661
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Y-1130
Y-1131
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Y-1134
Y-1135
Y-1136
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Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits
Exhibit
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Reg. No. 5,931,931
Registered Dec. 10, 2019
Int. Cl.: 30
Trademark
Principal Register
Yarnell Ice Cream, LLC (DELAWARE LIMITED LIABILITY COMPANY)
1133 W 35th Street
Chicago, ILLINOIS 60609
CLASS 30: Bakery goods
FIRST USE 5-22-2019; IN COMMERCE 5-22-2019
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR
OWNER OF U.S. REG. NO. 2316804, 2120649, 2367307
SER. NO. 88-454,752, FILED 05-31-2019
Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits
Exhibit
9
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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 CharactersClaimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 88454752
Filing Date May 31, 2019
Current Basis 1A
Original Filing Basis 1A
Published forOpposition
September 24, 2019
Registration Number 5931931
Registration Date December 10, 2019
Owner (REGISTRANT) Yarnell Ice Cream, LLC LIMITED LIABILITY COMPANY DELAWARE 1133 W 35thStreet Chicago ILLINOIS 60609
Attorney of Record Daniel Kegan
Prior Registrations 2120649;2316804;2367307
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits
Exhibit
10
Y-1140
Y-1141
Y-1142
Y-1143
Y-1144
Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits
Exhibit
64
Y-1265
Y-1272
Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits
Exhibit
65
Y-1210
Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits
Exhibit
66
Y-1282
Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits
Exhibit
70
3/22/20, 7(05 PMMenu – Quick Burger
Page 1 of 6https://quickburgerusa.com/menu/
Menu
** Grand Opening Specials **
Lunch & Dinner
Old fashioned hamburger with 1/4
lb FRESH 100% USA
flame-broiled beef, lettuce,
tomato. pickles and onions
with GUILTLESS AIOLI sauce and
reduced sodium
$1.95
Flame-broiled chicken breast
with lettuce, tomato, pickles and
onions with
GUILTLESS MAYO sauce and lower
sodium
$2.95
Flame-broiled 1/4 lb Beyond Meat
burger
with lettuce, tomato, pickles and
onions with
GUILTLESS vegan mayo sauce and
lower sodium
$3.95
Home Environmental Healthy Careers About Us Hours & Location Menu ! "
3/22/20, 7(05 PMMenu – Quick Burger
Page 2 of 6https://quickburgerusa.com/menu/
Spicy black bean veggie
burger with
lettuce,tomato, pickles
and onions with
GUILTLESS vegan mayo
sauce and reducerd
sodium
$3.35
Quick Burger’s own
special guacamole
sandwich with lettuce,
tomato and onions with
lite sour cream and
reduced sodium
$2.95
Breakfast
Veggie omelet with cheese
with no added oils or butter and
reduced sodium
$1.85
Two egg sandwich
with no added butter or oils and
reduced sodium
$1.35
Quick Burger’s own special
guacamole
toast with lite sour cream and
reduced sodium
$1.95
3/22/20, 7(05 PMMenu – Quick Burger
Page 3 of 6https://quickburgerusa.com/menu/
Extras
Whole wheat bun
$0.30
Lettuce wrap
$0.40
Extra beef patty
$1.55
Extra meatless patty
$2.90
Jalapenos
$0.35
Two 1/2 slices bacon
$0.55
Barbecue sauce
$0.45
Spicy Chinese hot chili
crisp
$0.65
Mild salsa -on sandwhich
$0.45
Mild salsa -in container
$0.55
Ketchup
$0.25
Lite Ranch dressing
$0.40
3/22/20, 7(05 PMMenu – Quick Burger
Page 4 of 6https://quickburgerusa.com/menu/
Guac -in sandwhich
$0.95
Guac -in container
$1.15
Two eggs
$0.85
Omelet
$1.15
Pepper-jack cheese
$0.35
Swiss cheese
$0.35
Cheddar cheese
$0.35
American cheese
$0.30
Fries
Russet potatoes air fried
in combi ovens tossed in
100% olive oil spice mix
with NO additional salt
M-$1.65 L-
Sweet potatoes air fried
in combi ovens tossed in
100% olive oil spice mix
with NO additional salt
M-$1.95 L-
3/22/20, 7(05 PMMenu – Quick Burger
Page 5 of 6https://quickburgerusa.com/menu/
$1.95 $2.25
Beverages
Vanilla and Mocha Iced Lattes
M-$1.85 L-$2.25
Vanilla and Chocolate Shakes
S-$1.45 M-$1.85
L-$2.35
Regular and Decaf Coffees
M-$1.45 L-$1.85
Apple and Orange Juice
S-$1.45 M-
$1.85 L-$2.25
Various Sodas
S-$1.45 M-
$1.85 L-$2.25
Deserts
3/22/20, 7(05 PMMenu – Quick Burger
Page 6 of 6https://quickburgerusa.com/menu/
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!
Chocolate chip cookies
with reduced butter and
white sugar
$0.85
Desert size shakes vanilla
and chocolate
$1.45
© 2020 Quick Burger.
Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits
Exhibit
71
10/7/19, 4)34 PMFrench fries - Wikipedia
Page 1 of 14https://en.wikipedia.org/wiki/French_fries
French Fries
Alternativenames
Chips, finger chips, fries,
frites, hot chips, steak
fries, potato wedges,
wedges
Course Side dish or snack,
rarely as a main dish
Place oforigin
Belgium or France
(disputed)
Servingtemperature
Hot
Mainingredients
Potatoes
Oil
Variations Curly fries, shoestring
fries, steak fries, sweet
potato fries, Chili cheese
fries, poutine
Otherinformation
Often served with salt
and a side of ketchup,
mayonnaise, vinegar,
barbecue sauce, or
other sauce
Cookbook: French Fries
Media: French Fries
French fries
French fries, or simply fries (North American English), chips (British
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
specialties. Fries can be topped more heavily, as in the dishes of poutine
or chili cheese fries. Chips can be made from kumara or other sweet
potatoes instead of potatoes. A baked variant, oven chips, uses less oil or
no oil.[3] One very common fast food dish is fish and chips.
Preparation
Etymology
By country or region
Latin America
Belgium and the Netherlands
Spain
France
Canada
Germany and Austria
South Africa
United Kingdom and Ireland
United States
Variants
Accompaniments
Health aspects
Legal issues
See also
References
Contents
10/7/19, 4)34 PMFrench fries - Wikipedia
Page 2 of 14https://en.wikipedia.org/wiki/French_fries
Bibliography
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
step can be done in advance.[4] Then they are more briefly fried in very hot
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]
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.
Preparation
Pommes frites with a mayonnaise
packet
Etymology
10/7/19, 4)34 PMFrench fries - Wikipedia
Page 3 of 14https://en.wikipedia.org/wiki/French_fries
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]
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.
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
then the Spanish Netherlands (present-day Belgium): "The inhabitants of
Namur, Andenne, and Dinant had the custom of fishing in the Meuse for
small fish and frying, especially among the poor, but when the river was
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]
By country or region
Latin America
Belgium and the Netherlands
A patatje speciaal, with frietsaus,
curry ketchup or tomato ketchup, and
chopped raw onions, is popular in the
Netherlands.
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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
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.
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
A Belgian frites shop
Spain
10/7/19, 4)34 PMFrench fries - Wikipedia
Page 5 of 14https://en.wikipedia.org/wiki/French_fries
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]
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
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.
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]
France
Steak frites in Fontainebleau, France
Canada
Germany and Austria
10/7/19, 4)34 PMFrench fries - Wikipedia
Page 6 of 14https://en.wikipedia.org/wiki/French_fries
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
German words).[44] Often served
with ketchup or mayonnaise,
they are popular as a side dish in
restaurants, or as a street-food
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]
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.
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
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]
A popular Québécois dish is poutine,
such as this one from La Banquise
restaurant in Montreal. It is made
with french fries, cheese curds and
gravy.
Currywurst and fries, Germany
South Africa
United Kingdom and Ireland
Fish and chips
10/7/19, 4)34 PMFrench fries - Wikipedia
Page 7 of 14https://en.wikipedia.org/wiki/French_fries
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
to make frozen fries – 90% consumed by the food services sector and 10% by
retail.[55] The United States is also known for supplying China with most of
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]
French fries come in multiple variations. A partial list, in alphabetical order:
Carne asada fries – fries covered with carne asada, guacamole, sourcream and cheese.
Cheese fries (UK – cheesy chips) – fries covered with cheese.
Chile fries – (not to be confused with chili fries) fries topped with greenchile peppers, common in the US state of New Mexico.
Chili fries – (not to be confused with chile fries) fries covered with chilicon carne.
Chili cheese fries – fries covered with chili and cheese.
Chorrillana – a Chilean dish consisting of a plate of french fries toppedwith 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 duringpreparation at the factory), often sold frozen.
Potato wedges – Thick-cut, elongated wedge-shaped fries[12] with the skin left on.
United States
French fry production with
thermostatic temperature control, at
a restaurant
Variants
A child holding tornado fries
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Page 8 of 14https://en.wikipedia.org/wiki/French_fries
Poutine – a dish consisting of fries topped with cheese curds and light brown gravy and principally associated withthe 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 provinceof 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 anddeep-frying just once.
Chili fries
Chili cheese fries
Crinkle-cut fries
Curly fries
Curry chips
Dirty fries
Shoestring fries with blue
cheese dressing
Sweet potato fries
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]
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]
Accompaniments
Health aspects
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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
substitutes one saturated fat for another. For
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]
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]
Fries frying in oil
Oven-baked fries
Legal issues
10/7/19, 4)34 PMFrench fries - Wikipedia
Page 10 of 14https://en.wikipedia.org/wiki/French_fries
Avocado fries
Freedom fries
French fry vending machine
German fries
List of deep fried foods
Mitraillette
Pommes dauphine
Pommes duchesse
Pommes soufflées
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Bibliography
Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits
Exhibit
72
Yarnell v Quick Burger • Guiltless Fries • Amended Opposition Notice 91,251,483 Exhibits
Exhibit
73
Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 1
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
Style Definition: Normal
Deleted: International Class 29
Deleted: and
Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 2
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
Deleted: them
Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 3
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.
Deleted: .
Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 4
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).
Deleted: 7
Deleted: 8 & 9
Deleted: 10
Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 5
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 6
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 7
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 <https://quickburgerusa.com/menu/>. Exhibits
71-73 are true and accurate copies of Internet webpages, captured on 7&8
Oct 2019 from <https://www.mcdonalds.com/us/en-us/full-menu/desserts-
and-shakes.html>, <https://www.bk.com/menu/sweets>, and
Deleted: 6
Deleted: 7-9
Deleted: below date, from < https://www.mcdonalds.com/us/en-us/full-menu/desserts-and-shakes.html…
Deleted: < https://www.bk.com/menu/sweets
Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 8
<en.wikipedia.org/wiki>. Exhibits 10, 61-63 are copied from the PTO-
TSDR, 27Oct2008 use specimens,
<https://tsdr.uspto.gov/documentviewer?caseId=sn75039213&docId=SPE20
081028133427#docIndex=3&page=2>.
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 <daniel@keganlaw.com> 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
Deleted: Exhibit
Deleted: is
Deleted: specimen, !
Deleted: ¶9 October 2019
Deleted: .
Deleted: ,
Deleted: 7
Moved (insertion) [1]
Deleted: 8
Deleted: 9
Yarnell v Quick Burger, Inc • Sn 88-294,467 • Guiltless Fries • Amended Opposition Notice 91,251,483 Page 9
CERTIFICATE OF SERVICE. The undersigned certifies that a copy of this paper is being served by email on counsel for Applicant, Jenny Shin, Jenny@TheTemeculaLawFirm.com, 28600 Mercedes St #100, Temecula CA 92590 on the below date.
4 April 2020 Signed /daniel kegan/
Daniel Kegan
Moved up [1]: 10."
Deleted: GUILT FREE Ketchup, Barbeque Sauce"
Deleted: Robert Rosenstein
Deleted: robert@TheTemeculaLawFirm.com
Deleted: 9 October 2019
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