United States Patent and Trademark Office Suspends Coca-Cola's Opposition Motion Against Apple Rush Co., Inc. CEO Robert J. Corr
May 17 2011 - 9:20AM
Marketwired
Apple Rush Co., Inc. (PINKSHEETS: APRU) announced today that
pursuant to the motion of Robert Corr, President and CEO of Apple
Rush Co., Inc., the motion opposed by The Coca-Cola Company; the
United States Patent and Trademark Office (USPTO) Trademark Trial
and Appeal Board (TTAB) granted Robert Corr's motion, and suspended
the opposition proceeding against Robert J. Corr by The Coca-Cola
Company surrounding the trademark registration application of the
Naturally ZERO mark. The filing can be found by visiting:
http://ttabvue.uspto.gov/ttabvue/v?pno=91197767&pty=OPP&eno=12.
Robert Corr and Apple Rush plan to begin the manufacturing,
marketing and distribution of its Naturally ZERO product line
through Apple Rush distribution channels. Robert Corr and Apple
Rush previously decided to cease activity regarding Naturally ZERO
until the USPTO came to this decision regarding The Coca Cola
Company's opposition papers. Coke filed an opposition (No.91197767)
against Robert Corr, president of Apple Rush Co. Inc. the applicant
for the mark. A hearing was held by the Trademark Trial and Appeal
Board and a Motion filed by the Applicant (Apple Rush) to suspend
proceedings until a case (United States District Court For The
Northern District Of Illinois Eastern Division No. 08 CV 04206)
filed by the Plaintiff, Mirza N. Baig, and currently pending,
against Coke for Trademark Infringement and false Designation of
Origin under the Lanham Act.
Robert Corr entered into a contract for the benefit of Apple
Rush, with the Plaintiff, Mr. Baig, in that case to introduce The
NATURALLY ZERO waters here in the United States and to renew the
trademark. The trademark was originally used by Mr. Baig in
commerce, including here in the Midwest during the period from 1999
to 2003, when Coke usurped the trademark from the Plaintiff and
commenced its illegal use of the trademark on COKE ZERO. The
agreement signed by Robert Corr, for the benefit of Apple Rush Co
Inc., permits the use by Apple Rush.
"This action by Mr. Baig against Coke, demonstrates that the
trademark Zero is not owned by Coke. Yesterday, the Trademark Trial
and Appeal Board granted my motion to suspend Coke's opposition. I
intend to demonstrate the inconsistency between arguments made by
Coke in the case filed by Mr. Baig, and Coke's oppositions against
Royal Crown, Unilever and many others attempting to use the ZERO
mark for beverages," says Robert Corr.
Apple Rush will be introducing the Naturally ZERO Waters in the
Chicagoland market this summer.
About Apple Rush Co., Inc.:
Apple Rush Company, Inc. is a producer of Organic 100% Juice
Sparkling Beverages and Naturally ZERO Waters. The company markets
its products through an extensive distribution network nearly 30
Distributors throughout the U.S. and in foreign markets. The
Company's flagship product line of Organic Apple Rush™ Sparkling
Beverages currently has four mainstream flavors in glass bottles
and will introduce the waters this summer.
Safe Harbor: The Company relies upon the Safe Harbor Laws of
1933, 1934 and 1995 for all public news releases. Statements, which
are not historical facts, are forward-looking statements. The
company, through its management, makes forward-looking public
statements concerning its expected future operations, performance
and other developments. Such forward-looking statements are
necessarily estimates reflecting the company's best judgment based
upon current information and involve a number of risks and
uncertainties, and there can be no assurance that other factors
will not affect the accuracy of such forward-looking statements. It
is impossible to identify all such factors. Factors which could
cause actual results to differ materially from those estimated by
the company include, but are not limited to, government regulation;
managing and maintaining growth; the effect of adverse publicity;
litigation; competition; and other factors which may be identified
from time to time in the company's public announcements.
http://www.gfreev.com http://www.gfreev.com/applerush.html
Contact: J Brainin. Alper G-FREEV-V 645 North Michigan Ave.
Suite 800 Chicago, Illinois 312-296-8910 Apple Rush
708-841-7960
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