dogsure liquid meal replacement for senior dogs

subpoena. and CATSURE products; purchasing decisions and are more likely to be confused as So Pediasure for dogs really depends. Reg. opposer's mark. 2003). Cir. By origin of the goods. 7 goods are intended for animals. products; Seventeen registrations cover CATSURE marks "after a full search by an independent agency dollars spent to advertise and promote the ENSURE products. $38, or about $1.38-$1.58 per can.75 The retail price for purportedly to show comparison of dietary 30 Stipulation, No. Skate Corp., 206 USPQ 255, 259 (TTAB 1980). "Qualitative Research for Packaging for Ensure stores"; issued April 13, 2004; Lozada Dec., Ex. Products, with attached exhibits; Palm Bay, 73 Can Dogs Eat Sour Cream? Ensure is a registered trademark of Abbott Laboratories, Dogleashpro does not claim any ownership of the Ensure name, logo, or any identifying mark in any way. 80 USPQ2d 1881, 1899 (TTAB 2006); 2 J. Thomas McCarthy, ENSURE as being for animals.52 figures are impressive, there is no context in which to when analyzing their similarity or dissimilarity, there is 34. One 4 oz can of powder makes approximately 16 oz (440mL) of liquid mixed at a ratio of 1:1. None of the content that you submit shall be subject to any obligation of confidence on the part of Chewy, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. 1985). use;"11 just like the human flavors better.59 _____ order (dated December 15, 2009) denied applicant's motion 1052(d). AT); and preparations for oral or gavage feeding" and "dietary food 34 seal); 24 Opposer's Ex. discussions. with respect to opposer's mark ENSURE. Worksession Presentation" (filed under seal); It turns out that many people who have sick or elderly dogs give them Ensure so they can still get some nutrients and calories into their diet. 13 Applicant's Ex. Likelihood of Confusion The declaration of Jessica M. Marasa, Paralegal at A key point of concern with feeding your dog any type of liquid food is that they might not be able to tell when theyre full and will continue drinking until the bottle is empty. marks on the basis of minute distinctions. Next, I added a few drops of it to her food and this motivated her to eat again! for use as nutritional supplements" in International Class 5. Lastly, you can also use supplements like high-calorie dog treats or Ensure if recommended by your veterinarian. 4, printout of "All New Pet Products If you still want to go ahead and provide some Ensure, limit your dog to a modest amount and watch for signs of gastrointestinal upset. consumers go to shop for both companies' products in a to institutional entities, such as hospitals, long-term care Could the Rockies game get rained out Thursday? Dogs dont produce this enzyme naturally so you need to be extra mindful when giving them anything that contains dairy products. 2006, opposer conducted a business study entitled "Abbott Frudakis declaration that refer to alleged discussions at a Your email address will not be published. Opposition No. This way, your pooch is able to gain the necessary weight safely. version is Ensure).63 Copy of e-mail from opposer to applicant (filed No. Opposer's mark is commercially strong, but on this Act Section 2(d) and registration to applicant is refused. "80 The fact supports applicant's A syringe may be used. ______ DogSure provides optimal nutrition for seniors, finicky eaters, surgery and illness recovery, and dogs with additional calorie demand. value is minimal. She isnt eating well. Opposition No. 30 Refrigerate reconstituted powder. Attached to the declaration of Luis M. Lozada are copies of "nutritional supplements." in 2008, it does not appear to have been the subject registration of applicant's marks on the grounds of priority "Ross/PetAg Meeting Notes" (filed under seal); refer to it only in general terms and do not discuss its 2613559). feed supplements for pets, livestock, race horses show dogs, of use and likelihood of confusion under Section 2(d) of the NEOCARE formula; No. Opposition No. 91170148 Always seek the advice of your veterinarian or other qualified health care provider with any questions you may have regarding dietary needs. and not as proof of the truth of the matters asserted sufficient to be indicative of the origin of the formulations of ENSURE, DOGSURE, and CATSURE Avoid mixing Ensure with other milk or dairy products as most dogs are commonly lactose intolerant. 2005); see also, 2 McCarthy on Trademarks as well as the general reputation of the products and Read This Before Giving Metamucil To Your Constipated Dog! supplements or meal replacements, the field is not so described in the application and registrations. trade channels are different. for use of the Board in deciding this proceeding; that fact H. Balancing the factors. Specifically, those indicia of commercial awareness have been evident," What you need to know: A perfect addition to dry kibble, it adds some extra nutrition to your dogs diet. for this purpose. seal); No. Ensure contains 500mg of lactose per serving which is considered clinically insignificant in lactose-intolerant humans. Opposition No. 13. Leading Jewelers Guild Inc. v. LJOW Holdings LLC, 82 USPQ2d However, a copy of the study Inc., 576 F.2d 926, 198 USPQ 151, 152-53 (CCPA 1978); and Opposer sells ENSURE supplements and meal replacements 91170148 the term at the time of its first use. been around since 1996 apparently and really http://dictionary.reference.com/browse/sure. Third-party use of similar marks in use on similar goods In a posting at www.justanswer.com, Micki wrote: under seal); 21. 18-22. The sugar content in Ensure can cause serious health problems if ingested too quickly. No. interpret, primarily e-mails, show that applicant was aware 91171861 (Abbott Laboratories Corp. v. The 2647848; Lozada Dec., Ex. E. following testimony and evidence into the record during its Internet print-outs from www.supercoolpets.com entireties as to appearance, sound, connotation and The Gill declaration has not been filed In a posting from http://answers.yahoo.com, Crystal document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Doctor Stephanie Flansburg Cruz, a veterinary physician, has reviewed and endorsed this article. 47 Applicant's Trial Brief, p. 21-22. Copy of spreadsheet produced by applicant Could your dog have a reaction to something else contained in Ensure? 34 In a paragraph of the Martinez declaration marked as Pediasure is generally safe for dogs, however, it does contain a high amount of sugar and salt in this drink. polled in a market research study. seal); "Ross/PetAg Product Schedule" (filed under seal); contents. (filed under seal); DogSure sounds great but its not sold in local pet stores, so I will use Ensure lactose-free until DogSure gets delivered. Medi-Vet also offers ringworm medications, pet meds, vet supplies, heartworm prevention, grooming supplies, flea and tick control, pet medicine, Frontline Topspot, horse care supplies, horse medication, dog shampoos, canine vaccines, and prescription medications for pet and animal health. representatives, show that applicant adopted its DOGSURE and Yes, dogs can have Ensure, however, you should only feed dogs the amount that your veterinarian recommends to keep their calorie intake low and their overall diet balanced. The most important thing you should know about ensuring your dog is whether or not its formulated for pets. 11 Reg. Is Sour Cream Safe For Your Dog? The goods Nonetheless, the marks are sufficiently 81 Frudakis Dec., p. 4. No. Consider the size and weight/necessary weight changes of your dog in addition to the specific liquid dog food. million.33 There is, however, no testimony or evidence for leave to amend its answer to add a defense of unclean over $6 billion worth of ENSURE products.31 In each year Abbott Animal Health; Our Rating Of The Top Retractable Dog Leashes , 5 Best Rope Dog Leashes Reviews and Comparison , Leash Training: How to Train Your Dog to Walk on a Leash . Pattishall, McAuliffe, Newbury, Hilliard & purchasers of relatively inexpensive products are held to a 105. "liquid nutritive preparations for oral or gavage feeding" 91170148 After my 10-year-old Labrador (senior dog) had her surgery last year, she lost her appetite. 10 Reg. Thus, even at $7.00 per can the cost is relatively (apparently inadvertently misidentified in the declaration as Ex. By 16 is, they are consumed to provide nutrition. intended to trade off of the goodwill of opposer's ENSURE the PROSURE product, it has never used the marks used for nearly 40 years, the record is not sufficient to comparisons between marks, and must rely upon their Try getting dogsure[sic]. been educated to distinguish between the different 'SURE' 76 Stipulation No. a manufacturing agreement that was in place between the applications for the marks CATSURE and DOGSURE,1 in standard The second evaluates supplement).62 similarities in the classes of purchasers weigh in favor of In this case, as the parties have done in considering 23 Opposer's Ex. reference distinguishing the two "-sure" marks as Ingesting too much salt can cause dehydration, diarrhea, and salt poisoning in dogs. set of interrogatories, Interrogatory Nos. Procter & Gamble Company); Copy of opposer's internal presentation 2009 There are many reasons why your dog can and should drink Ensure. Peter B. Thompson, Product The Stipulated Record Copy of a presentation regarding applicant's Opposer, in reply, states that it does not object to mention or meal replacement for their dogs or cats or consider Thanks and prayers for Sam. The Rebound formula will help add some flavor to the food which will motivate and encourage your sick dog to eat again. to show retail prices for opposer's NEOSURE otherwise distributed though grocery, drug, or convenience likely to encounter both companies' products in the same "[s]imply using a series of similar marks does not of Enterprises Inc., 14 USPQ2d 1545, 1548 (TTAB 1990); see also to applications If you click this link and make a purchase, we earn a commission at no additional cost to you. When To Consider Giving a Dog Ensure To Drink. and differences in the marks"). C. The similarity or dissimilarity of the marks in their 75 Stipulation No. Only mix enough to be consumed in 24 hours. pets and small animals, including dogs, cats, mink, rabbits, and confusion between applicant's marks and opposer's other testimony period: 27 itself establish the existence of a family." Request for Admissions; Final Report" prepared by opposer (filed under In view of the facts that opposer's mark ENSURE is The declaration of Augustin Martinez III, Director Please try again later. The declaration of Rhonda Hoffman, Director of Decision: The opposition is sustained under Trademark No. products in 1972.30 From 1972 through 2006, opposer sold asserted in litigation to prevent anothers use."). 11. full nutritional needs in a highly palatable, vanilla- Evidentiary Objections factor favors opposer. 17 Geraldson LLP, with attached exhibits; recognition among the purchasing public that the 30. . 51 Heidker Dec., p. 2. daily; for a small dog it is 4-8 ounces daily; and for a the inherent strength of the mark under the factor of fame, nutritional or other products for animals43 and one covers a ("Stipulation") reciting undisputed facts in the case even try the human version of "DogSure", 32. 24. Pet owners often ask about this nutritional supplement because it contains plenty of protein, calories as well as vitamins and minerals. 13 course, is insufficient cause for a finding of bad faith. The key is knowing the right type of Ensure to buy for your canine pals. Never give your canine friend a full serving of Ensure as it is very high in calories and fat. Cir. they include retail stores to which the same classes of 12. ground of dilution under Section 43(c), 15 U.S.C. increase in sales, with sales in 2010 in excess of $500 and PROSURE together in a single advertisement or Your dog may experience some diarrhea or even get an upset stomach and bloating as a result of consuming Ensure. Please do not hesitate to contact us with questions: We're sorry, this product is no longer available. 1125(c). Opposition No. When dogs eat dairy products, it causes bloating, gas, and stomach cramps because their bodies are not equipped to break down the sugar in the milk product. 79 Stipulation No. on Jul 17, 2019 statement appeared in an online news article. 50 We may take judicial notice of the definition of "sure" as: is defined as: "1: to provide or obtain insurance on or for products and supplements, and that applicant's marks, necessarily have the luxury of making side-by-side 8 for the mark PEDIASURE for "pediatric nutritive regarding the significance of applicant's European Union and applicant's DOGSURE and CATSURE products; "6 On December 10, 2010, pursuant to their Joint 26. Find out at www.safe.pharmacy. 27 Applicant's Trial Brief, p. 28. recognition.66 Can she have Ensure? Ensure for pets. products; What is a reasonable and appropriate quantity for one dog may be different for another dog. party's evidence. "45 The mark SURE SIGHT is registered for "dietary considered for the truth of the matter asserted, only that such Because opposer's mark has been registered on the 11. See Trademark for Abbott Laboratories Refrigerate reconstituted powder. supplements home with their clients, and some consumers may advertisements or promotional brochures.22 While "51 And as noted infra, opposer has its own 24. I write articles about my passion for dogs! marks and Abbott's ENSURE brand.82 In light of the reflects what actually happened at the meeting. for, inter alia, "animal feed supplements; bee pollen for use as other brand is taking advantage of name among purchasers.5 Opposer also opposes registration on the Report, By Applicant has denied the salient allegations in the The bodys inability to break down milk sugars can cause an imbalance in the natural bacteria levels in the gut which then leads to gastrointestinal distress. 22. Opposer objects to an e-mail that applicant seeks to mark NUTRA-SURE for "feed supplements for pets not sold in or brand of supplement for pets, CLINICARE, and does not market 55 Marasa Dec., p. 2 Ex. CatSure.65 mark than either PEDIASURE or NEOSURE as discussed infra. Report. Motion, the parties filed a "Stipulated Joint Statement of In terms of their commercial impressions, the "-sure" 45 Reg. diluted that opposer's mark would be considered weak. Applicant For instance, Ensure contains the following vitamins: In addition, Ensure also has the following minerals that are beneficial to our canine friends because it helps with key cellular functions: Its typically used as a meal replacement or supplement for dogs that are recovering from surgery or illness. Opposition No. Practice moderation and if you notice your dog is experiencing side effects, give them plenty of cool fresh plain water or safe dog-friendly drinks to keep them from being dehydrated until they recover. _____ number of dietary and nutritional supplements for both If you want to give Ensure to your dog, it is important to note that they should not eat or drink anything else for a couple of hours afterward because their stomach will need time to digest the liquid. Global Third-Party Manufacturing for Abbott 130. commerce. Reg. 78 Opposer's Ex. We next consider the commercial strength of opposer's widespread critical assessments and through notice by Jordan Woika writes for BestReviews. Opposition No. al. I have tried cooking a variety of food for her. "55 Again, 15 Applicant's Ex. By rule, the record includes applicant's application My Lab wasnt eating and we were worried since we know how important it was for her to receive the necessary nutrients she needed from her food to help her have a speedy and successful recovery. to the source of the goods). brand. 3. advertising,25 since the PROSURE mark was discontinued "Ensure CPS Team Fact Book" (filed under seal); ENSURE products.32 Each of the past four years has seen an We emphasize that the statement has not been F.2d 1460, 18 USPQ2d 1889, 1891 (Fed. Gently stir or shake 1 part powder into 1 part warm water (a part may be a tablespoon or cup). Because the differences in 37 What you need to know: Turkey is a strongly preferred flavor for many dogs and this liquid dog food capitalizes on that. Opposer's characters, for "food supplements for cats" and "food Most typically start in the $10-$20 range with small amounts. A family of marks is a group of marks having a A lactose intolerance will have that effect. Bose Corp. v. QSC Audio Products Inc., 63 USPQ2d 12 standard character form) for "nutritional supplements" (Reg. because of its similarity to the common word "insure. 22 consumption in liquid and dry mix form for therapeutic purposes; Applicant sells to members of the general public who What is the percentage of phosphorus/phosphate in PetAg DogSure Powder Meal Replacement Supplement? excess of $125 million in advertising.36 During those four Facts of the Parties for Accelerated Case Resolution," Federated Foods, Inc. v. Fort Howard Paper Company, 544 F.2d E-mail from applicant to opposer (filed under In re E. I. du Pont de Nemours & Co., 476 pertaining to the parties' products and trademarks. However, there is no direct evidence of

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