The Green Turtle Bay Vitamin Co., Inc.
http://www.energywave.com/
P.O. Box 642, 56 High St.
Summit, NJ 07901
Tel: 908-277-2240 Fax: 908-273-9116
E-mail: mail@EnergyWave.com

Contact: Karen Horbatt
Tel: 908-277-2240

July 31, 2002
For Immediate Release

Kellogg Opposition to SUNNIE™ Trademark Dismissed

Summit, NJ: -- Corporate behemoth, Kellogg Company's opposition to vitamin company, The Green Turtle Bay's, SUNNIE™ trademark was dismissed on May 10, 2002. The Green Turtle Bay Vitamin Co., Inc. may now complete the registration process for the SUNNIE™ trademark. The SUNNIE™ brand includes the Company's supplement formula designed to give nutritional support for people dealing with stress and depression. Not intended to diagnose, treat, prevent or cure any disease or psychological condition.

Kellogg Company filed a notice of opposition with the Trademark Trial and Appeal Board stating "it would have been damaged by registration ...Application Serial No. 75/380,936, filed October 27, 1997 in the name of The Green Turtle Bay Vitamin Co., Inc. ...for the mark SUNNIE and Design."

"It's a puzzle to me," states Karen Horbatt, President of The Green Turtle Bay Vitamin Co. "They claimed the picture of the sun we use on our packaging misleads people into thinking SUNNIE™ is made by Kellogg. Kellogg Company doesn't even have a product named Sunny or SUNNIE, however you spell it. How can they confuse a product such as our SUNNIE™ brand with a Kellogg product?"

Kellogg submitted drawings of three caricatures of the sun, which are similar to each other, indicating that there are differences in portraitures of the sun, but they certainly do not have the rights to all variations of the sun's image. "We are happy that this opposition has come to a conclusion and we can now concentrate on our business of helping people live happy and healthy lives," responded Horbatt. Additionally "We are grateful for the tireless efforts of Ralph Fucetola, a.k.a. the VitaminLawyer.com, for helping us to achieve this just outcome."

The SUNNIE brand is part of the Company's TRILOGY FOR BRAIN NUTRITION™ -- Sunnie, Power Sleep™ and Signal 369™.

For these and other fine vitamin purveyors, chosen by the Vitamin Lawyer, see: vitpicks.html
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Posted by
Ralph Fucetola, JD
http://www.vitaminlawyer.com