Case 2:19-cv-00915-CRE Document 1 Filed 07/26/19 Page 1 of 13

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

:
H.J. HEINZ COMPANY BRANDS LLC, :
: Civil Action No. ____________
Plaintiff, :
:
v. : COMPLAINT AND
: JURY DEMAND
REAL GOOD FOOD COMPANY, LLC, :
:
Defendant. :

COMPLAINT

Plaintiff H.J. Heinz Company Brands LLC (“Plaintiff” or “Kraft Heinz”), by and through

its undersigned counsel, for its Complaint against Defendant Real Good Food Company, LLC

(“Defendant”), hereby avers as follows.

NATURE OF THE ACTION

1. This is an action for trademark counterfeiting, trademark infringement, trademark

dilution, false designation of origin and unfair competition arising out of Defendant’s unauthorized

use of marks that are identical and/or confusingly similar to Kraft Heinz’s POPPERS trademarks

to promote and sell frozen appetizers and other food products in a way that has caused and/or is

likely to cause consumer confusion and irreparable harm to Kraft Heinz.

PARTIES

2. Kraft Heinz is a Delaware limited liability company with a principal place of

business at One PPG Place, Pittsburgh, Pennsylvania 15222.

3. Defendant is a California limited liability company with a principal place of

business at 111 N. Maryland Avenue, Glendale California, 91206.

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JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331 (federal

question) and 28 U.S.C. § 1338(a) (trademarks) because the parties’ dispute arises under the

federal Lanham Act, 15 U.S.C. § 1051 et seq. This Court also has diversity jurisdiction over this

action insofar as the matter in controversy exceeds the sum or value of $75,000, exclusive of

interest or costs, and is between citizens of different states as provided in 28 U.S.C. § 1332(a)(1).

This Court further has supplemental jurisdiction over Kraft Heinz’s state law claims under

28 U.S.C. § 1367(a) because those claims are so related to the federal claims in the action that they

form part of the same case or controversy.

5. This Court has personal jurisdiction over Defendant because, among other things,

Defendant regularly conducts business in this judicial district through its advertising and sale of

products to residents of this district.

6. Venue is proper in this district under 28 U.S.C. §§ 1391(b) and 1391(c), as a

substantial part of the events or omissions giving rise to the claim occurred in this district.

FACTUAL BACKGROUND

7. For more than a century, Kraft Heinz, now a subsidiary of The Kraft Heinz

Company, has owned and marketed some of the most famous household food product brands in

the country.

8. Among its many brands, Kraft Heinz owns multiple POPPERS and POPPER-

formative trademarks and trademark registrations (collectively the “POPPERS Marks”), which are

used to market and sell a variety of frozen appetizers and other food products. Kraft Heinz’s

federal registrations for its POPPERS Marks include the following (copies of corresponding

trademark registration certificates are attached and made a part hereof as Exhibit A):

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a. POPPERS (Reg. No. 1922249), in connection with “coated and breaded vegetable

pieces,” registered September 26, 1995 (incontestable);

b. POPPERS (Reg. No. 4072427), in connection with “Frozen appetizers consisting

primarily of vegetables, pork and/or cheese, not including shrimp,” registered December

20, 2011 (incontestable);

c. POPPERS, (Reg. No. 4072428), in connection with “Frozen appetizers

consisting primarily of vegetables and/or cheese, not including shrimp,” registered

December 20, 2011 (incontestable); and

d. FIESTA BOLD POPPERS (Reg. No. 4584621), in connection with “Breaded

processed vegetable and cheese pieces,” registered August 12, 2014.

9. Since at least November 1992, Kraft Heinz has licensed its POPPERS Marks to,

among others, its parent, Kraft Heinz Foods Company, for use in connection with the advertising,

promotion and sale of a variety of breaded and/or frozen appetizers and other food products in

grocery stores and other retailers in this judicial district and throughout the United States, including

POPPERS-branded products marketed by Kraft Heinz Foods Company under the TGI FRIDAY’S

house brand pursuant to a license with the TGI Friday’s restaurant company.

10. Kraft Heinz also licenses its POPPERS Marks to international food company

McCain Foods for use in connection with the marketing and sale of breaded and/or frozen

appetizers and other food products in the foodservice industry throughout the United States.

11. Kraft Heinz and its licensees have invested millions of dollars in advertising,

promoting and marketing high quality food products under the POPPERS Marks. Indeed Kraft

Heinz Foods Company spends more than $1 million per year marketing its TGI FRIDAY’S line

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of frozen food products, including the TGI FRIDAY’S POPPERS products. As a result, Kraft

Heinz has developed considerable consumer goodwill and valuable rights in the POPPERS Marks.

12. The fame and success of the POPPERS Marks is evidenced by, among other things,

Kraft Heinz Foods Company’s annual sales of POPPERS-branded products, which have exceeded

$20 million per year in net sales since at least 2015.

13. The fame and success of the POPPERS Marks is further evidenced by the extent to

which Kraft Heinz, through its licensees, has achieved widespread distribution for POPPERS-

branded products in retail stores throughout the country. One of the most important measures of

product success in the retail food industry is what is known as “%ACV Distribution” (or

“%ACV”), which reflects the percentage of stores selling a particular product, weighted based on

the size of the store (as measured by the store’s annual sales of all products that it sells, or its “All

Commodity Volume”). See generally, e.g., Robin Simon, “The 2nd Most Important Measure: %

ACV Distribution,” CPG Data Tip Sheet (Nov. 7, 2012) (available online at

https://www.cpgdatainsights.com/distribution/2nd-most-important-part1/). Since at least 2015,

POPPERS-branded products have achieved 63-66% ACV – a strong indicator of national

distribution.

14. Kraft Heinz zealously defends its rights in the POPPERS Marks, taking action

whenever appropriate to stop any unlicensed uses of the POPPERS Marks and/or any confusingly

similar marks.

15. Kraft Heinz recently learned that Defendant has begun selling frozen snack and

appetizer products using counterfeit and/or infringing POPPERS marks, long after Kraft Heinz’s

first use in commerce of its POPPERS Marks for the same and similar products. Appended hereto

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as Exhibit B are current images from Defendant’s website displaying its POPPERS-branded

products.

16. Defendant sells its frozen snack and appetizer products branded with counterfeit

and/or infringing POPPERS marks in grocery stores and other retailers in this judicial district and

throughout the United States. By way of example, attached hereto as Exhibit C is a current image

from Defendant’s website showing the availability of its POPPERS-branded products in

Pittsburgh-area stores.

17. Defendant marks its counterfeit and/or infringing POPPERS-branded products with

a “TM” symbol, thereby representing to the public – falsely – that Defendant has trademark rights

in the POPPERS Marks. See, e.g., Exhibit D.

18. Defendant has actual knowledge of Kraft Heinz’s POPPERS Marks. Indeed, on its

website Defendant purports to compare its counterfeit and/or infringing POPPERS-branded

products with POPPERS-branded appetizers sold by TGI Fridays pursuant to a license from Kraft

Heinz. See, e.g., Exhibit E.

19. Defendant does not have, nor has it ever had, a license from Kraft Heinz to use the

POPPERS Marks.

20. By letters dated January 14, 2019 and March 20, 2019 (copies appended hereto as

Exhibits F and G, respectively), Kraft Heinz demanded that Defendant cease its unauthorized use

of Plaintiff’s POPPERS Marks.

21. Defendant has refused to cease its use of the counterfeit and/or infringing

POPPERS Marks and continues to promote and sell its infringing products.

22. Defendant’s use of counterfeit and/or infringing POPPERS marks to promote and

sell frozen snack and appetizer products has caused and/or is likely to cause consumer confusion

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regarding the source or origin of Defendant’s products and/or regarding some affiliation between

Defendant and Kraft Heinz, the owner of the POPPERS Marks.

23. Defendant has used, and continues to use, its counterfeit and/or infringing

POPPERS marks in knowing, deliberate and willful disregard of Kraft Heinz’s rights in its

POPPERS Marks.

COUNT I
FEDERAL TRADEMARK COUNTERFEITING
(15 U.S.C. §§ 1114)

24. Kraft Heinz restates and incorporates by reference the averments set forth in

paragraphs 1 through 23 above.

25. Defendant has used, and continues to use, counterfeit POPPERS marks that are

identical to and/or indistinguishable from Kraft Heinz’s registered POPPERS Marks to promote

and sell frozen appetizers and other food products that are identical and/or substantially similar to

the products sold by Kraft Heinz (through its authorized licensees) under the registered POPPERS

Marks.

26. Kraft Heinz possesses valid and superior rights in its registered POPPERS Marks.

27. Kraft Heinz has never licensed or otherwise authorized Defendant to use any of the

POPPERS Marks.

28. At the time it commenced its use of counterfeit POPPERS marks, Defendant had

both actual and constructive notice of Kraft Heinz’s existing and superior rights to the registered

POPPERS Marks.

29. Defendant markets its counterfeit POPPERS-branded products to the same class of

consumers, in the same channels of trade, as those to which and in which Kraft Heinz, through its

licensees, markets products under the POPPERS Marks.

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30. Defendant’s use of POPPERS marks that are identical to and/or indistinguishable

from Kraft Heinz’ POPPERS Marks, to sell identical or substantially similar types of goods to the

same classes of consumers in the same channels of trade, has caused and/or is likely to cause

confusion, mistake, and deception among consumers, leading them to believe, falsely, that

Defendant’s goods are those of, sponsored or approved by, and/or in some way connected with

Kraft Heinz, to the irreparable injury of Kraft Heinz and the public. Despite such a likelihood of

public confusion, mistake, or deception, Defendant has continued to use and is presently using its

counterfeit POPPERS marks, disregarding Kraft Heinz’s demands that Defendant cease this

activity.

31. Through its use of counterfeit POPPERS marks, Defendant willfully has sought to

misappropriate Kraft Heinz’s rights in its registered POPPERS Marks and the valuable goodwill

associated with those marks, to Defendant’s unlawful detriment.

32. Defendant’s wrongful use of counterfeit POPPERS marks has caused irreparable

harm to Kraft Heinz, and will continue to cause such harm unless enjoined.

COUNT II
FEDERAL TRADEMARK INFRINGEMENT
(15 U.S.C. §§ 1114 and 1125(a))

33. Kraft Heinz restates and incorporates by reference the averments set forth in

paragraphs 1 through 32 above.

34. Defendant has used, and continues to use, POPPERS marks that are confusingly

similar to Kraft Heinz’s POPPERS Marks to promote and sell frozen appetizers and other food

products that are identical and/or substantially similar to the products sold by Kraft Heinz, through

its authorized licensees, under the POPPERS Marks.

35. Kraft Heinz possesses valid and superior rights in its POPPERS Marks.

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36. Kraft Heinz has never licensed or otherwise authorized Defendant to use any of the

POPPERS Marks.

37. At the time it commenced its use of confusingly similar POPPERS marks,

Defendant had both actual and constructive notice of Kraft Heinz’s existing and superior rights to

the POPPERS Marks.

38. Defendant markets its confusingly similar POPPERS-branded products to the same

class of consumers, in the same channels of trade, as those to which and in which Kraft Heinz,

through its licensees, markets products under the POPPERS Marks.

39. Defendant’s use of POPPERS marks that are confusingly similar to Kraft Heinz’

POPPERS Marks, to sell identical or substantially similar types of goods to the same classes of

consumers in the same channels of trade, has caused and/or is likely to cause confusion, mistake,

and deception among consumers, leading them to believe, falsely, that Defendant’s goods are those

of, sponsored or approved by, and/or in some way connected with Kraft Heinz, to the irreparable

injury of Kraft Heinz and the public. Despite such a likelihood of public confusion, mistake, or

deception, Defendant has continued to use and is presently using its confusingly similar POPPERS

marks, disregarding Kraft Heinz’s demands that Defendant cease this activity.

40. Through its use of confusingly similar POPPERS Marks, Defendant willfully has

sought to misappropriate Kraft Heinz’s rights in its registered POPPERS Marks and the valuable

goodwill associated with those marks, to Defendant’s unlawful detriment.

41. Defendant’s wrongful use of confusingly similar POPPERS marks has caused

irreparable harm to Kraft Heinz, and will continue to cause such harm unless enjoined.

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COUNT III
FEDERAL UNFAIR COMPETITION,
FALSE REPRESENTATION AND FALSE DESIGNATION OF ORIGIN
(15 U.S.C. § 1125(a))

42. Kraft Heinz restates and incorporates by reference the averments set forth in

paragraphs 1 through 41 above.

43. Defendant’s use of POPPERS marks that are confusingly similar to Kraft Heinz’s

POPPERS Marks, as described above, actually deceive and/or are likely to deceive consumers into

believing, falsely, that Defendant’s products are those of, sponsored or approved by, or are in some

way connected with Kraft Heinz, all to the irreparable injury of Kraft Heinz and the public.

44. Defendant’s wrongful conduct constitutes federal unfair competition in the form of

passing off, false representation, false advertising, and false designation of origin, all in direct

violation of 15 U.S.C. § 1125(a).

45. Defendant’s wrongful use of confusingly similar POPPERS Marks in violation of

federal law has been and continues to be willful.

46. Defendant’s wrongful use of confusingly similar POPPERS marks has caused

irreparable harm to Kraft Heinz, and will continue to cause such harm unless enjoined.

COUNT IV
FEDERAL DILUTION
(15 U.S.C. §1125(c))

47. Kraft Heinz restates and incorporates by reference the averments set forth in

paragraphs 1 through 44 above.

48. Kraft Heinz’s POPPERS Marks are famous and distinctive.

49. Defendant’s use of POPPERS marks began after Kraft Heinz’s POPPERS Marks

became famous.

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50. Defendant’s use of POPPERS marks is likely to cause dilution by blurring and/or

tarnishment, in violation of 15 U.S.C. §1125(c).

51. Defendant’s wrongful use of POPPERS Marks in violation of federal law has been

and continues to be willful.

52. Defendant’s wrongful use of POPPERS marks has caused irreparable harm to Kraft

Heinz, and will continue to cause such harm unless enjoined.

COUNT V
COMMON LAW TRADEMARK INFRINGEMENT

53. Kraft Heinz restates and incorporates by reference the averments set forth in

paragraphs 1 through 52 above.

54. Defendant’s wrongful use of POPPERS marks that are identical and/or confusingly

similar to Kraft Heinz’s POPPERS Marks has caused and/or is likely to cause consumer confusion,

and thus constitutes common law trademark infringement.

55. Defendant’s use of infringing POPPERS marks has been and continues to be

willful.

56. Defendant’s use of infringing POPPERS marks has caused irreparable harm to

Kraft Heinz, and will continue to cause such harm unless enjoined.

COUNT VI
STATE LAW DILUTION
(54 PA. C.S.A. § 1124)

57. Kraft Heinz restates and incorporates by reference the averments set forth in

paragraphs 1 through 56 above.

58. Kraft Heinz’s POPPERS Marks are famous and distinctive in this Commonwealth.

59. Defendant’s use of POPPERS marks began after Kraft Heinz’s POPPERS Marks

became famous.

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60. Defendant’s use of POPPERS marks is likely to dilute the distinctive quality of

Kraft Heinz’s POPPERS Marks.

61. Defendant’s wrongful use of POPPERS Marks has been and continues to be willful.

62. Defendant’s wrongful use of POPPERS marks has caused irreparable harm to Kraft

Heinz, and will continue to cause such harm unless enjoined.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff H.J. Heinz Company Brands LLC respectfully requests that this

Court enter an Order:

1. Preliminarily and permanently enjoining Defendant, its officers, directors, agents,

owners, employees, representatives and attorneys, and all others acting under or in

concert with Defendant, or with any of them, from using the designation POPPERS

or any colorable imitation thereof, either separately or together with other words,

symbols or devices, as a corporate or trading name or as a trademark, in connection

with the promotion, advertising, marketing and or sale of (a) frozen appetizers

and/or (b) coated and/or breaded vegetable and/or cheese pieces;

2. Finding that Defendant’s activities complained of herein constitute federal

counterfeiting; federal trademark infringement; federal unfair competition, false

representation, and false designation of origin; federal dilution; common law

trademark infringement; and dilution under Pennsylvania law;

3. Commanding Defendant and its agents, employees, representatives, and all others

acting under their direction or control or in concert with them, or any of them, to

immediately deliver up to Plaintiff for destruction all product, labels, packaging,

containers, tags, advertising and/or promotional materials, and any and all other

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materials which bear one or more of Plaintiff’s POPPERS Marks and/or any

colorable imitation thereof;

4. Directing Defendant to file with this Court and to serve on Plaintiff within thirty

(30) days after service of a final injunction a report, in writing and under oath,

setting forth in detail the manner and form in which Defendant has complied with

the injunction and any further orders of this Court;

5. Granting to Plaintiff all remedies permissible under 15 U.S.C. § 1117 for trademark

counterfeiting, trademark infringement and dilution, specifically including but not

limited to an award of Defendant’s profits and Plaintiff’s damages, and/or an award

of statutory damages for counterfeiting at Plaintiff’s election, as well as costs of

suit, treble damages and attorneys’ fees; and

6. Awarding Plaintiff such other and further relief as the Court may deem proper.

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DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable.

H.J. HEINZ COMPANY BRANDS, LLC

Dated: July 26, 2019 s/ Christina Tellado

Christina Tellado (PA 204246)
HOLLAND & KNIGHT LLP
Cira Centre
2929 Arch Street, Suite 800
Philadelphia, PA 19104
215-252-9600
[email protected]

Tracy Zurzolo Quinn (PA 71072)

(pro hac vice application pending)
HOLLAND & KNIGHT LLP
Cira Centre
2929 Arch Street, Suite 800
Philadelphia, PA 19104
215-252-9600
[email protected]

Counsel for Plaintiff

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EXHIBIT A
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From: [email protected]
Sent: Friday, October 30, 2015 11:00 PM
To: [email protected]
Subject: Official USPTO Notice of Acceptance and Renewal Sections 8 and 9: U.S. Trademark RN 1922249: POPPERS

Serial Number: 74440781

Registration Number: 1922249
Registration Date: Sep 26, 1995
Mark: POPPERS
Owner: H.J. HEINZ COMPANY BRANDS LLC

Oct 30, 2015

NOTICE OF ACCEPTANCE UNDER SECTION 8

The declaration of use or excusable nonuse filed for the above-identified registration meets the requirements of Section 8 of the Trademark Act, 15 U.S.C. §1058. The Section
8 declaration is accepted.

NOTICE OF REGISTRATION RENEWAL UNDER SECTION 9

The renewal application filed for the above-identified registration meets the requirements of Section 9 of the Trademark Act, 15 U.S.C. §1059. The registration is renewed.

The registration will remain in force for the class(es) listed below for the remainder of the ten-year period, calculated from the registration date, unless canceled by
an order of the Commissioner for Trademarks or a Federal Court.

Class(es):
029

TRADEMARK SPECIALIST
POST-REGISTRATION DIVISION
571-272-9500

REQUIREMENTS FOR MAINTAINING REGISTRATION IN SUCCESSIVE TEN-YEAR PERIODS

WARNING: Your registration will be canceled if you do not file the documents below during the specified time periods.

What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between every 9th and 10th-year period, calculated from the
registration date. See 15 U.S.C. §§1058, 1059.

Grace Period Filings

The above documents will be considered as timely if filed within six months after the deadlines listed above with the payment of an additional fee.

***The USPTO WILL NOT SEND ANY FURTHER NOTICE OR REMINDER OF THESE REQUIREMENTS. THE REGISTRANT SHOULD CONTACT THE USPTO ONE
YEAR BEFORE THE EXPIRATION OF THE TIME PERIODS SHOWN ABOVE TO DETERMINE APPROPRIATE REQUIREMENTS AND FEES.***

To view this notice and other documents for this application on-line, go to http://tdr.uspto.gov/search.action?sn=74440781. NOTE: This notice will only be available on-line the
next business day after receipt of this e-mail.
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From: [email protected]
Sent: Tuesday, January 16, 2018 11:01 PM
To: [email protected]
Subject: Official USPTO Notice of Acceptance/Acknowledgement Sections 8 and 15: U.S. Trademark RN 4072427: POPPERS

U.S. Serial Number: 78287014

U.S. Registration Number: 4072427
U.S. Registration Date: Dec 20, 2011
Mark: POPPERS
Owner: H.J. Heinz Company Brands LLC

Jan 16, 2018

NOTICE OF ACCEPTANCE UNDER SECTION 8

The declaration of use or excusable nonuse filed for the above-identified registration meets the requirements of Section 8 of the Trademark Act, 15 U.S.C. §1058. The Section
8 declaration is accepted.

NOTICE OF ACKNOWLEDGEMENT UNDER SECTION 15

The declaration of incontestability filed for the above-identified registration meets the requirements of Section 15 of the Trademark Act, 15 U.S.C. §1065. The Section 15
declaration is acknowledged.

The registration will remain in force for the class(es) listed below, unless canceled by an order of the Commissioner for Trademarks or a Federal Court, as long as
the requirements for maintaining the registration are fulfilled as they become due.

Class(es):
029

TRADEMARK SPECIALIST
POST-REGISTRATION DIVISION
571-272-9500

REQUIREMENTS FOR MAINTAINING REGISTRATION

WARNING: Your registration will be canceled if you do not file the documents below during the specified statutory time periods.

Requirements in the First Ten Years

What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between the 9th and 10th years after the registration date.
See 15 U.S.C. §§1058, 1059.

Requirements in Successive Ten-Year Periods

What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between every 9th and 10th-year period, calculated from the
registration date. See 15 U.S.C. §§1058, 1059.

Grace Period Filings

The above documents will be considered as timely if filed within six months after the deadlines listed above with the payment of an additional fee.

***THE USPTO IS NOT REQUIRED TO SEND ANY FURTHER NOTICE OR REMINDER OF THESE REQUIREMENTS. THE OWNER SHOULD CONTACT THE USPTO
ONE YEAR BEFORE THE EXPIRATION OF THE TIME PERIODS SHOWN ABOVE TO DETERMINE APPROPRIATE REQUIREMENTS AND FEES.***

To check the status of this registration, go to

https://tsdr.uspto.gov/#caseNumber=78287014&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch or contact the Trademark Assistance
Center at 1-800-786-9199.

To view this notice and other documents for this registration on-line, go to
https://tsdr.uspto.gov/#caseNumber=78287014&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=documentSearch NOTE: This notice will only be
available on-line the next business day after receipt of this e-mail.

* For further information, including information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees,
please consult the USPTO website at https://www.uspto.gov/trademark/ or contact the Trademark Assistance Center at 1-800-786-9199.
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From: [email protected]
Sent: Thursday, January 18, 2018 11:01 PM
To: [email protected]
Subject: Official USPTO Notice of Acceptance/Acknowledgement Sections 8 and 15: U.S. Trademark RN 4072428: POPPERS (Stylized/Design)

U.S. Serial Number: 78287041

U.S. Registration Number: 4072428
U.S. Registration Date: Dec 20, 2011
Mark: POPPERS (Stylized/Design)
Owner: H.J. Heinz Company Brands LLC

Jan 18, 2018

NOTICE OF ACCEPTANCE UNDER SECTION 8

The declaration of use or excusable nonuse filed for the above-identified registration meets the requirements of Section 8 of the Trademark Act, 15 U.S.C. §1058. The Section
8 declaration is accepted.

NOTICE OF ACKNOWLEDGEMENT UNDER SECTION 15

The declaration of incontestability filed for the above-identified registration meets the requirements of Section 15 of the Trademark Act, 15 U.S.C. §1065. The Section 15
declaration is acknowledged.

The registration will remain in force for the class(es) listed below, unless canceled by an order of the Commissioner for Trademarks or a Federal Court, as long as
the requirements for maintaining the registration are fulfilled as they become due.

Class(es):
029

TRADEMARK SPECIALIST
POST-REGISTRATION DIVISION
571-272-9500

REQUIREMENTS FOR MAINTAINING REGISTRATION

WARNING: Your registration will be canceled if you do not file the documents below during the specified statutory time periods.

Requirements in the First Ten Years

What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between the 9th and 10th years after the registration date.
See 15 U.S.C. §§1058, 1059.

Requirements in Successive Ten-Year Periods

What and When to File: You must file a declaration of use (or excusable nonuse) and an application for renewal between every 9th and 10th-year period, calculated from the
registration date. See 15 U.S.C. §§1058, 1059.

Grace Period Filings

The above documents will be considered as timely if filed within six months after the deadlines listed above with the payment of an additional fee.

***THE USPTO IS NOT REQUIRED TO SEND ANY FURTHER NOTICE OR REMINDER OF THESE REQUIREMENTS. THE OWNER SHOULD CONTACT THE USPTO
ONE YEAR BEFORE THE EXPIRATION OF THE TIME PERIODS SHOWN ABOVE TO DETERMINE APPROPRIATE REQUIREMENTS AND FEES.***

To check the status of this registration, go to

https://tsdr.uspto.gov/#caseNumber=78287041&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch or contact the Trademark Assistance
Center at 1-800-786-9199.

To view this notice and other documents for this registration on-line, go to
https://tsdr.uspto.gov/#caseNumber=78287041&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=documentSearch NOTE: This notice will only be
available on-line the next business day after receipt of this e-mail.

* For further information, including information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees,
please consult the USPTO website at https://www.uspto.gov/trademark/ or contact the Trademark Assistance Center at 1-800-786-9199.
Case 2:19-cv-00915-CRE Document 1-1 Filed 07/26/19 Page 10 of 11
Case 2:19-cv-00915-CRE Document 1-1 Filed 07/26/19 Page 11 of 11
Case 2:19-cv-00915-CRE Document 1-2 Filed 07/26/19 Page 1 of 5

EXHIBIT B
7/10/2019 Chicken Poppers – Real Good Foods
Case 2:19-cv-00915-CRE Document 1-2 Filed 07/26/19 Page 2 of 5

STUFFED CHICKEN

ITALIAN ENTREES

BREAKFAST SANDWICHES

5″ CHICKEN CRUST PIZZA

PERSONAL CAULIFLOWER
CRUST PIZZAS

CAULIFLOWER CRUST PIZZAS

ENCHILADAS
BACK TO PRODUCTS
REAL GOOD POPPERS

7″ CHICKEN CRUST PIZZA

CHOOSE PRODUCT:
APPAREL
APPA
P REL

Chicken Poppers

Choose number of CASES (pricing info below):

Pepperoni & Mozzarella Real Good

- 0 + Poppers

- 0 + Artichoke & Cheese Real Good Poppers

Jalapeño & White Cheddar Real Good

- 0 + Poppers
Real Good Poppers Mixed Case - 4
- 0 + Pepperoni, 4 Jalapeño

ADD TO CART

LOW CARB, HIGH PROTEIN: 22g protein and only 3g

carbs per serving.
REAL, SIMPLE INGREDIENTS: Gluten-free poppers
made from antibiotic-free chicken breast, stuffed with
natural ingredients. No addedÐgrains, gluten or }ber
}llers.
THE PERFECT SNACK: 9 poppers per box. Great for kids
and quick snacking.
100% LOVE GUARANTEE: If you’re not satis}ed, we’ll
offer a 100% refund.
FREE SHIPPING: Enjoy free 2-day shipping, nationwide.

📍ÐFind our pizzas in a store near you

PRICING | 8 boxes per case

1 Case = $69.99 / case ($8.75 / box)

2 Cases: $62.20 / case ($7.77 / box)
3+ Cases: $54.42 / case ($6.80 / box)
https://www.realgoodfoods.com/product/poppers/ 1/4
7/10/2019 Chicken Poppers – Real Good Foods
Case 2:19-cv-00915-CRE Document 1-2 Filed 07/26/19 Page 3 of 5
SKU: RGFPOP Category: Real Good Poppers
Save

Nutritional info

Related products

Artichoke & Cheese Real Jalapeño & White Bacon & Cheddar Real Real Good Poppers Mixed
Good Poppers Cheddar Real Good Good Poppers Case – 4 Pepperoni, 4
Poppers Jalapeño
- 1 + - 1 +
- 1 + - 1 +
ADD TO CART ADD TO CART
ADD TO CART ADD TO CART
NUTRITION NUTRITION
NUTRITION NUTRITION

FIND A STORE
WE'RE AVAILABLE LOCALLY,
FIND A STORE NEAR YOU.

https://www.realgoodfoods.com/product/poppers/ 2/4
7/10/2019 Chicken Poppers – Real Good Foods
Case 2:19-cv-00915-CRE Document 1-2 Filed 07/26/19 Page 4 of 5

US

VS

THEM

LEARN MORE

FAQs

FAQs
Where are the carbs?:

We use all natural, antibiotic free chicken breast and Parmesan to make our crust or tortilla
shells instead of ~our, corn, or rice. You’ll never }nd preservatives or weird sounding
ingredients in our items. That’s how we make delicious REAL food with lots of protein and
almost no carbs or sugar. Real Food you feel good about eating. Full list of ingredients can be
found at www.realgoodfoods.com/productpage/

Where can I buy locally?:

We have over 5,000 retail locations in almost every major city. Some of larger customers
include Kroger, Walmart, CVS, Ralph’s, QFC, Fred Meyer, Smith’s, Fry’s, Vitamin Shoppe, and
more. Find a store near you at www.realgoodfoods.com/store-locator/

Shipping FAQs:

All prices include FREE shipping. Orders are processed immediately and shipped FedEz on
the next available ship date with 2-day Priority shipping. For Example; If an order is placed on
a Tuesday, the order would ship Wednesday for Friday. Only exception; If an order is placed
on a Thursday, Friday or Saturday, the order will be shipped the following Monday for
Wednesday as we do not ship over the weekends.

Can I order less than 2 cases?

Unfortunately, our smallest order quantity is 2 cases (12 pizzas). The cost to ship frozen is
prohibitive and the pricing for less than 12 pizzas would be unreasonable – However, we
OFFER a SATISFACTION GUARANTEE as we are con}dent you will LOVE our pizzas!

How do I track my package?

We will send a FedEx tracking number once the order has been shipped.

Do you deliver on Weekends?

https://www.realgoodfoods.com/product/poppers/ 3/4
7/10/2019 Chicken Poppers – Real Good Foods
Case 2:19-cv-00915-CRE
We deliver Document
Monday through Saturday to residential1-2 Filed 07/26/19 Page 5 of 5
addresses,

Where do you ship?

We ship anywhere within the continental United States – We do NOT ship to Hawaii, Alaska,
or Canada.

How are pizzas packaged and shipped?

Pizzas are individually ~ash frozen to preserve freshness, shrink wrapped, and enclosed in
our pizza boxes. Pizzas are shipped in a cooler with dry ice to keep frozen. If some dry ice
remains in the package. DO NOT TOUCH WITH BARE HANDS.

How do I store my Pizza and how long will it last in the freezer?

Place in the freezer immediately after package is received. Our pizzas have a 365 day frozen
shelf life – best by date is also listed on the carton.

What do i do with the cooler?

REUSE IT! We always try our best to minimize our ecological footprint, however, ion order to
get you our delicious Pizza we have to count on you to help us reuse and recycle. Thank you
in advance!

How does the 100% satisfaction Guaranteed Work?

If for whatever reason you are not satis}ed with our pizzas (Crazy…we know!!!), we will offer
you a refund up to $69.99 (our minimum order size). We will provide a FedEx shipping label
for you to return the remaining pizzas and require a survey to be completed.

MY ACCOUNT HELP AND FAQS

VIEW CART AFFILIATE PROGRAM
WHOLESALE CONTACT
ORDERING

   

Enter to win free pizza for a year!

email address

SIGN UP

The Real Good Food Company, LLC

Call 24/7 at 818 299 4179
Terms & Conditions
Privacy Policy

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Case 2:19-cv-00915-CRE Document 1-3 Filed 07/26/19 Page 1 of 3

EXHIBIT C
7/10/2019 Where to Buy – Real Good Foods
Case 2:19-cv-00915-CRE Document 1-3 Filed 07/26/19 Page 2 of 3

NEW Stuffed
Chicken Breasts
Available Now in Publix Super
Markets.

Find Stores Below. Use “Product” dropdown to }lter by speci}c product.

City or Zip 15222

Search radius 50 mi Results 25

Product Poppers Search

Walmart
250 SUMMIT PARK DR
PITTSBURGH PA 15275

Products : Enchiladas, Mini Pizza

Bites, Poppers

9.7 mi
Directions

Walmart
2010 VILLAGE CENTER DR
TARENTUM PA 15084

Products : Enchiladas, Mini Pizza

Bites, Poppers

12.8 mi
Directions
 
Walmart
Report
Map data a map
©2019 error
Google
7500 UNIVERSITY BOULEVARD

Can’t }nd a store near you?

Get free 2-day shipping when you order online.

SHOP NOW

MY ACCOUNT VIEW CART

https://www.realgoodfoods.com/store-locator/ 1/2
7/10/2019 Where to Buy – Real Good Foods

WHOLESALECase 2:19-cv-00915-CRE AFFILIATE

Document 1-3 Filed 07/26/19 Page 3 of 3
PROGRAM
ORDERING CONTACT
HELP AND FAQS

   

Enter to win free pizza for a year!

email address

SIGN UP

The Real Good Food Company, LLC

Call 24/7 at 818 299 4179
Terms & Conditions
Privacy Policy

https://www.realgoodfoods.com/store-locator/ 2/2
Case 2:19-cv-00915-CRE Document 1-4 Filed 07/26/19 Page 1 of 2

EXHIBIT D
Case 2:19-cv-00915-CRE Document 1-4 Filed 07/26/19 Page 2 of 2
Case 2:19-cv-00915-CRE Document 1-5 Filed 07/26/19 Page 1 of 2

EXHIBIT E
Case 2:19-cv-00915-CRE Document 1-5 Filed 07/26/19 Page 2 of 2
Case 2:19-cv-00915-CRE Document 1-6 Filed 07/26/19 Page 1 of 3

EXHIBIT F
Case 2:19-cv-00915-CRE Document 1-6 Filed 07/26/19 Page 2 of 3
Case 2:19-cv-00915-CRE Document 1-6 Filed 07/26/19 Page 3 of 3
Case 2:19-cv-00915-CRE Document 1-7 Filed 07/26/19 Page 1 of 4

EXHIBIT G
 Case 2:19-cv-00915-CRE Document 1-7 Filed 07/26/19 Page 2 of 4

Law Department
One PPG Place, Suite 3400
Pittsburgh, Pennsylvania 15222

March 20, 2019

VIA EMAIL: [email protected]

Royer Cooper Cohen Braunfeld LLC

Attn: Barry Cohen
100 North 18th St.
Suite 710
Philadelphia, PA 19103

Re: POPPERS Products

Dear Mr. Cohen:

We received your letter dated January 30, 2019, in which you argue that your client, Real
Good, has never infringed or misused Kraft Heinz’s registered POPPERS trademark. We
strongly disagree, and maintain our assertion that Real Good’s use of our registered POPPERS
mark in connection with its frozen appetizers constitutes willful infringement and/or dilution of
Kraft Heinz’s POPPERS mark.

In your letter, you claim that Kraft Heinz’s rights in its POPPERS mark are “extremely
limited” and that there are “over twenty (20) active federally registered trademarks that include
the term POPPERS… in connection with food and/or beverage products.” However, we note that
the list provided includes a large number of registrations that cover unrelated food and beverage
products, including candy, kale chips, pretzels, popcorn, fruit juices, and even pet food. In fact,
not a single registration cited in your letter is for a mark for frozen appetizers stuffed with
jalapenos and cheese and/or is for a product marketed and sold in direct competition with our
POPPERS products. Even if we accept your assertion that Kraft Heinz’s rights in POPPERS is
limited, your client’s use of the identical mark for nearly identical goods constitutes
infringement.

We are not persuaded by your argument that Real Good has never used “Poppers” alone
on any of its packaging or other advertisements or marketing materials. As you can see in the
screenshots below, Real Good is using “Poppers” alone, both as a category of products and in
advertising for the products – “NEW POPPERS ARE HERE.” Your client’s use of “Poppers” in
this manner without any additional verbiage demonstrates that it does not view REALGOOD
POPPERS as a single mark, but instead as two separate marks.
 Case 2:19-cv-00915-CRE Document 1-7 Filed 07/26/19 Page 3 of 4
Mr. Cohen
The Real Good Foods Company, Inc.
March 19, 2019
Page 2

Furthermore, we disagree that your client’s use of “Poppers” is generic or highly

descriptive. Pictured below is another screenshot from your client’s website where, in order to
“describe” its product, it uses a picture of Kraft Heinz’s actual product. In addition to the bad
faith implied by this illustration, it also clearly demonstrates that the POPPERS mark is not
capable of functioning as a descriptive or generic term on its own. The comparison only makes
sense when the consumer is prompted to call to mind Kraft Heinz’s POPPERS frozen appetizers.
Additionally, even if your client has used or is attempting to use “Poppers” generically or
descriptively, such use dilutes and harms our incontestable registered rights in the POPPERS
trademark.
 Case 2:19-cv-00915-CRE Document 1-7 Filed 07/26/19 Page 4 of 4
Mr. Cohen
The Real Good Foods Company, Inc.
March 19, 2019
Page 2

To this point, we are aware of the Section 2(e)(1) Refusal issued for the JALAPENO
POPPERS application (87064959) and have taken this issue up with the U.S. Patent and
Trademark Office separately.

Kraft Heinz again demands that your client cease all use of its POPPERS mark in
connection with these products and amend the packaging to delete “POPPERS” and/or replace it
with another term. We request written assurance from you within fourteen business days of the
date of this letter that you will comply with our request.

Your prompt attention to this matter is appreciated. If you have any questions, please feel
free to contact me at the number listed below.

Sincerely,

Sabrina Hudson
Deputy General Counsel
+1 (412) 456-6004
 Case 2:19-cv-00915-CRE Document 1-8 Filed 07/26/19 Page 1 of 2
JS 44 (Rev. 0) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

H.J. Heinz Company Brands LLC Real Good Food Company, LLC

(b) County of Residence of First Listed Plaintiff Allegheny County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Christina Tellado, Holland & Knight, LLP
Cira Center, 2929 Arch Street, Suite 800 Philadelphia, PA 19104
215-252-9600

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State

u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 485 Telephone Consumer
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) Protection Act
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) u 490 Cable/Sat TV
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 850 Securities/Commodities/
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) Exchange
u 362 Personal Injury - Product Liability u 751 Family and Medical u 890 Other Statutory Actions
Medical Malpractice Leave Act u 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS u 893 Environmental Matters
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 895 Freedom of Information
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) Act
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party u 896 Arbitration
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 u 899 Administrative Procedure
u 245 Tort Product Liability Accommodations u 530 General Act/Review or Appeal of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: u 462 Naturalization Application u 950 Constitutionality of
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration State Statutes
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. §§ 1114, 1125
VI. CAUSE OF ACTION Brief description of cause:
Federal Trademark Infringement and Federal Unfair Competition
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
07/26/2019 s/ Christina Tellado
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

 Case 2:19-cv-00915-CRE Document 1-8 Filed 07/26/19 Page 2 of 2

JS 44$REVISED June, 2009

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THIS CASE DESIGNATION SHEET MUST BE COMPLETED

PART A
This case belongs on the ( Erie Johnstown Pittsburgh) calendar.
1. ERIE CALENDAR - If
cause of action arose in the counties of Crawford, Elk, Erie,
Forest, McKean. Venang or Warren, OR any plaintiff or defendant resides in one of said
counties.
2. JOHNSTOWN CALENDAR - If cause of action arose in the counties of Bedford, Blair,
Cambria, Clearfield or Somerset OR any plaintiff or defendant resides in one of
said counties.

3. Complete if on ERIE CALENDAR: I certify that the cause of action arose in

County and that the resides in County.

4. Complete if on JOHNSTOWN CALENDAR: I certify that the cause of action arose in

County and that the resides in County.

PART B (You are to check ONE of the following)

1. This case is related to Number . Short Caption .
2. This case is not related to a pending or terminated case.

DEFINlTIONS OF RELATED CASES:

CIVIL: Civil cases are deemed related when a case filed relates to property included in
another suit or involves the same issues of fact or it grows out of the same transactions
as another suit or involves the validity or infringement of a patent involved in another
suit EMINENT DOMAIN: Cases in contiguous closely located groups and in common ownership
groups which will lend themselves to consolidation for trial shall be deemed related.
HABEAS CORPUS & CIVIL RIGHTS: All habeas corpus petitions filed by the same individual
shall be deemed related. All pro se Civil Rights actions by the same individual shall be
deemed related.

PARTC
I. CIVIL CATEGORY (6HOHFWWKHapplicable category).
1. Antitrust and Securities Act Cases
2. Labor-Management Relations
3. Habeas corpus
4. Civil Rights
5. Patent, Copyright, and Trademark
6. Eminent Domain
7. All other federal question cases
8. All personal and property damage tort cases, including maritime, FELA,
Jones Act, Motor vehicle, products liability, assault, defamation, malicious
prosecution, and false arrest
9. Insurance indemnity, contract and other diversity cases.
10. Government Collection Cases (shall include HEW Student Loans (Education),
V A 0verpayment, Overpayment of Social Security, Enlistment
Overpayment (Army, Navy, etc.), HUD Loans, GAO Loans (Misc. Types),
Mortgage Foreclosures, SBA Loans, Civil Penalties and Coal Mine
Penalty and Reclamation Fees.)

I certify that to the best of my knowledge the entries on this Case Designation
Sheet are true and correct
s/ Christina Tellado
Date: July 26, 2019
ATTORNEY AT LAW

NOTE: ALL SECTIONS OF BOTH FORMS MUST BE COMPLETED BEFORE CASE CAN BE PROCESSED.
 Case 2:19-cv-00915-CRE Document 1-9 Filed 07/26/19 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
Western District
__________ of Pennsylvania
District of __________

H.J. HEINZ COMPANY BRANDS LLC )

)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
REAL GOOD FOOD COMPANY, LLC )
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Real Good Food Company, LLC
111 N. Maryland Avenue
Glendale, California 91206

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Christina Tellado
HOLLAND & KNIGHT LLP
Cira Centre
2929 Arch Street, Suite 800
Philadelphia, PA 19104

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 2:19-cv-00915-CRE Document 1-9 Filed 07/26/19 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

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