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

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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

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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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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

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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.

10/7/19, 4)34 PMFrench fries - Wikipedia

Page 4 of 14https://en.wikipedia.org/wiki/French_fries

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

10/7/19, 4)34 PMFrench fries - Wikipedia

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

10/7/19, 4)34 PMFrench fries - Wikipedia

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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

1. "chip: definition of chip in Oxford dictionary (British English)" (http://oxforddictionaries.com/definition/english/chip?q=c

hips). Oxforddictionaries.com. 12 September 2013. Retrieved 16 September 2013.

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58008-605-9.

5. Fannie Farmer, The Boston Cooking-School Cook Book, 1896, s.v.

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ook-perfect-spuds-20120417-1x4fp.html). the age. Retrieved 12 October 2012.

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4

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ional/main511109.shtml). CBS News. Retrieved 4 May 2011.

12. Lingle, B. (2016). Fries!: An Illustrated Guide to the World's Favorite Food (https://books.google.com/books?id=37D8

CwAAQBAJ&pg=PA50). Chronicle Books. pp. 50–53. ISBN 978-1-61689-504-4. Retrieved 1 July 2017.

13. Ebeling, Charles (31 October 2005). "French fried: From Monticello to the Moon, A Social, Political and Cultural

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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