JBX Pty Ltd v. Island LLC, wydc:1:2023cv00157

Cosmetics; cosmetic preparations for skin care; cosmetic beauty care preparations; non-medicated skin care preparations; cosmetic body care preparations; body scrubs; non-medicated bubble bath preparations; non-medicated soap and soap products, namely, cosmetic soaps; non-medicated bath essences, namely, flower essences for cosmetic purposes; non-medicated bath foams, non-medicated bath gels and non-medicated bath oils; deodorants and antiperspirants for personal use; ethereal essences for skin care; facial care cosmetics; after-shave creams and lotions; fragrance preparations, namely, fragrances for personal use; hair care preparations; hand care preparations, namely, hand lotions; hand cream; incense; joss sticks; non-medicated liquid soaps; make-up; perfumes; toiletries in this class, namely, non-medicated toiletry preparations; baby lotions; baby oil; non-medicated skin creams, lotions and balms; non-medicated mouth rinses, mouth washes and breath freshening sprays; potpourri; room fragrances; air fragrancing preparations; sprays for use on the body;

Nutrition products, namely, nutritional supplements and nutrition beverages, namely, functional fruit-based beverages for medical purposes; dietary supplements, nutritional supplements, nutritional meal replacements, namely, meal replacement bars adapted for medical use; dietetic foods for medicinal use; vitamins, vitamin tablets, vitamin powders, vitamin preparations and vitamin supplements; dried milk powder being food for babies; milk powder for babies; milk powder for foodstuffs for babies; lactose free infant's formula; dietary supplements for infants; dried milk being food for infants; food for infants; foodstuffs for infants; infants' foods; milk foods for infants; powdered milk foods for infants; preparations for food for human consumption for infants, namely, food for infants; baby food; sanitary preparations for personal hygiene, other than toiletries, namely, sanitary preparations for medical use; medicated baby care products, namely, medicated baby oils and medicated baby powders; medicated nutritional skin creams; medicinal food supplements for nutritional purposes; milk powder for nutritional purposes for babies, namely, baby food; mineral preparations for use as nutritional additives to foodstuffs for humans, namely, mineral supplements; medicated skin creams, lotions and balms; medicated skin care preparations; medicated mouth rinses, mouth washes and mouth sprays;

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking and supervision, life-saving and teaching apparatus and instruments, namely, acrylic resin displays, models and instruments for medical training and nutritional training, training systems comprised of computer hardware and software for testing medical product efficacy, cameras; apparatus for recording, transmission or reproduction of sound or images; blank magnetic data carriers and record discs; compact discs, dvds and digital audio and video recordings featuring medical product demonstrations, medical training, product training, video and audio brand promotional recordings and videos; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software for product training and employee training, business and administration functions, and entertainment and games; fire-extinguishing apparatus; eyewear; goggles for sports; snorkels;

Surgical, medical, dental and veterinary apparatus and instruments for use in nutritional diagnostic procedures, medical diagnostic instruments for skin conditions, medical diagnostic instruments for young children, diagnostics for eyes, skin, teeth, bones; artificial limbs, eyes and teeth; orthopaedic articles, namely, orthopaedic apparatus and instruments for diagnostic and therapeutic use; suture materials; therapeutic and assistive devices adapted for the disabled, namely, dressing sticks for disabled persons and walking frames for disabled persons; massage apparatus; apparatus, devices and articles for nursing infants, namely, nursing bottles and nursing pillows; sexual activity apparatus, devices and articles, namely, sex toys;

Vehicles, namely, land vehicles, ships and aircraft; apparatus for locomotion by land, air or water, namely, automobiles, airplanes and boats;

Paper and cardboard; printed matter, namely, printed cardboard packaging, cardboard outer packaging, cardboard product packaging, printed cardboard shipping cartons, printed product displays being display cards primarily composed of cardboard, bookbinding material; photographs; stationery and office requisites, except furniture, namely, notebooks, notepads, pens, markers, folders, display folders, adhesives for stationery or household purposes; artists and drawing materials, namely, art pads, art paper; paintbrushes; printed instructional and teaching materials except apparatus in the field of medical science and nutritional goods; plastic sheets, films and bags for wrapping and packaging; printers' type, printing blocks;

Leather and imitations of leather; animal skins and hides; luggage and all-purpose carrying bags; umbrellas and parasols; walking sticks; whips, harnesses and saddlery; collars, leashes and clothing for animals;

Furniture, mirrors, picture frames; display stands for desktop signage; containers, not of metal and paper, for storage or transport; unworked or semi-worked mother-of-pearl; sea shells; meerschaum, raw or partly worked; yellow amber, raw or partly worked;

Clothing, namely, swimwear, swimming costumes, children's and infants' clothing, namely, pants, shirts, shorts, tops, dresses, jackets, coats, underwear, hats, socks and cloth bibs; footwear; headgear, namely, headwear, hats, swimming caps and baseball caps;

Games, toys and playthings, namely, educational games for children and adults, namely, board games, dice games, playing cards, dolls; video game apparatus, namely, video game consoles; gymnastic and sporting articles, namely, swimming belts, fins, flippers, floats, flotation aids in the nature of flotation noodles for water recreation purposes and kickboard flotation devices for recreation use, jackets and kickboards; swim training devices; decorations for Christmas trees;

Dairy products, namely, dairy-based beverages and dairy-based spreads; milk, milk products excluding ice cream, ice milk and frozen yogurt; powdered milk, cream, cream products, namely, cream powder; cheese, cheese products, namely, cheese-based snack foods; butter, butter products, namely, clarified butter, garlic and honey butter; yoghurt and yoghurt products, namely, yoghurt drinks; meat, poultry, game and fish not live; preserved, dried, frozen and cooked meat, poultry, game and fish; meat products in this class, namely, beef jerky, ham, bacon, sausages, charcuterie, salamis, meat extracts; poultry products in this class, namely, poultry sausages, poultry charcuterie and poultry extracts; fish products in this class, namely, fish extracts; kebabs, namely, shish kabobs; pates; fruit products in this class, namely, cooked fruits, preserved fruits, dried fruits, tinned fruits, frozen fruits and processed fruits; vegetable products in this class, namely, cooked vegetables, preserved vegetables, dried vegetables, tinned vegetables, frozen vegetables and processed vegetables; shelled nuts and nut products in this class, namely, prepared nuts, processed nuts, roasted nuts and salted nuts; snack foods in this class, namely, fruit bars, nut bars, fruit and nut bars, dried fruit-based snacks, vegetable-based snacks and nut-based snacks; edible oils, namely, vegetable oils; goats milk, goats milk cheese and yoghurt made from goats milk;

Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals, namely, breakfast cereals and cereal-based snack foods; bread, pastry and confectionery made of sugar; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, ice;

Medical services; veterinary services; hygienic and beauty care for human beings or animals;

Common metals and their alloys, unwrought or semi-wrought; metal materials for building, namely, soffits and fascia; small items of metal hardware, namely, metal nails and screws;

Motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles;

Textiles and substitutes for textiles, namely, cotton, bamboo, hemp, polyester, denim, spandex, viscose, wool, nylon for use in the manufacture of clothing, automobile upholstery and furniture upholstery;

Mineral and aerated waters and other non-alcoholic beverages in the nature of drinking water and drinking water enriched with vitamins, minerals and/or protein, not for medical purposes; fruit beverages and fruit juices; syrups and other preparations in the nature of syrup substitutes for making beverages, namely, fruit drinks, premixes for the making of fruit drinks, non-alcoholic cocktails, and fruit based functional nutrition beverages;

Alcoholic beverages, except beers;

Transport by cars, trucks, ferry, boat, rail and air; packaging and storage of goods;

Scientific and technological services, namely, scientific research and industrial design; research and design in the field of nutrition, healthcare, medicine, skin care, physical therapy, mental health and childhood development; industrial analysis and research services in the field of nutrition, healthcare, medicine, skin care, physical therapy, mental health and childhood development;

Dried milk powder being food for babies; milk powder being food for babies; milk powder for foodstuffs for babies; lactose free infant's formula; dietary supplements for infants; dried milk powder being food for infants; food for infants; foodstuffs being food for infants; infants' foods; milk foods being powdered milk for infants; powdered milk foods for infants; preparations for food for human consumption for infants, namely, food for infants; baby food; medicated baby care products, namely, medicated baby oils and medicated baby powders; milk powder for nutritional purposes for babies, namely, baby food;

Dairy products, namely, dairy-based beverages and dairy-based spreads; milk, milk-based products excluding ice cream, ice milk and frozen yogurt; powdered milk, cream, cream being dairy products, cheese, cheese products, namely, cheese-based snack foods; butter; butter products, namely, clarified butter, garlic and honey butter; yoghurt and yoghurt products, namely, yoghurt drinks; meat, poultry, game and fish, not live; preserved, dried, frozen and cooked meat, poultry, game and fish; meat products, in this class, namely, beef jerky, ham, bacon, sausages, smallgoods being charcuterie, salamis, meat extracts; poultry products in this class, namely, poultry sausages, poultry smallgoods being poultry charcuterie and poultry extracts; fish products in this class, namely, fish extracts; shish kebabs; pates; fruit products, in this class, namely, cooked fruits, preserved fruits, dried fruits, tinned fruits, frozen fruits and processed fruits; vegetable products in this class, namely, cooked vegetables, preserved vegetables, dried vegetables, tinned vegetables, frozen vegetables and processed vegetables; nuts and nut products in this class, namely, prepared nuts, processed nuts, roasted nuts and salted nuts; snack foods in this class, namely, fruit-based snack bars, nut-based snack bars, fruit-and-nut-based snack bars, fruit-based snacks being fruit-based snack food, vegetable-based snacks being vegetable-based snack foods, and nut-based snacks being nut-based snack foods; edible oils, namely, vegetable oils for food; goats milk, goats milk cheese and yoghurt made from goats milk;

Common metals and their alloys, unwrought or semi-wrought; metal materials for building, namely, soffits and fascia; small items of metal hardware, namely, metal nails and screws;

Motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles;

Textiles and substitutes for textiles, namely, cotton, bamboo, hemp, polyester, denim, spandex, viscose, wool, or nylon for use in the manufacture of clothing, furniture upholstery and automobile upholstery;

Transport by cars, trucks, ferry, boat, rail and air; packaging and storage of goods;

Scientific and technological services, namely, scientific research and industrial design; research and design in the field of nutrition, healthcare, medicine, skin care, physical therapy, mental health and childhood development; industrial analysis and research services in the field of nutrition, healthcare, medicine, skin care, physical therapy, mental health and childhood development;

Cosmetics; cosmetic preparations for skin care; cosmetic beauty care preparations; non-medicated skin care preparations; cosmetic body care preparations; body scrubs; non-medicated bubble bath preparations; non-medicated soap and soap products, namely, cosmetic soaps; non-medicated bath essences, namely, flower essences for cosmetic purposes; non-medicated bath foams, non-medicated bath gels and non-medicated bath oils; deodorants and antiperspirants for personal use; ethereal essences for skin care; facial care cosmetics; after-shave creams and lotions; fragrance preparations, namely, fragrances for personal use; hair care preparations; hand care preparations, namely, hand lotions; hand cream; incense; joss sticks; non-medicated liquid soaps; make-up; perfumes; essential oils; toiletries, namely, non-medicated toiletry preparations; baby lotions; baby oil; non-medicated skin creams, lotions and balms; non-medicated mouth rinses, mouth washes and breath freshening sprays; potpourri; room fragrances; air fragrancing preparations; sprays for use on the body;

Dietary supplements, nutritional supplements, nutritional meal replacements, namely, meal replacement bars adapted for medical use; dietetic foods for medicinal use; vitamins, vitamin tablets, vitamin powders, vitamin preparations and vitamin supplements; dried milk powder being food for babies; milk powder for babies; milk powder for foodstuffs for babies; lactose free infant's formula; dietary supplements for infants; dried milk being food for infants; food for infants; foodstuffs for infants; infants' foods; milk foods for infants; powdered milk foods for infants; preparations for food for human consumption for infants, namely, food for infants; baby food; sanitary preparations for personal hygiene, other than toiletries, namely, sanitary preparations for medical use; medicated baby care products, namely, medicated baby oils and medicated baby powders; medicated nutritional skin creams; medicinal food supplements for nutritional purposes; milk powder for nutritional purposes for babies, namely, baby food; mineral preparations for use as nutritional additives to foodstuffs for humans, namely, mineral supplements; medicated skin creams, lotions and balms; medicated skin care preparations; medicated mouth rinses, mouth washes and mouth sprays; nutrition products, namely, nutritional supplements and nutrition beverages, namely, functional fruit-based beverages for medical purposes;

Common metals and their alloys; metal materials for building and construction, namely, soffits and fascia; small items of metal hardware, namely, nails and screws;

Motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles;

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking and supervision, life-saving and teaching apparatus and instruments, namely, acrylic resin displays, models and instruments for medical training and nutritional training, training systems comprised of computer hardware and downloadable and recorded software for testing medical product efficacy, cameras; apparatus for recording, transmission or reproduction of sound or images; blank magnetic data carriers and recording discs; compact discs, DVDs and digital audio and video recordings featuring medical product demonstrations, medical training, product training, video and audio brand promotional recordings and videos; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment; computers; downloadable and recorded computer software for product training and employee training, business and administration functions, and entertainment and gaming; fire-extinguishing apparatus; eyewear; goggles for sports; snorkels;

Surgical, medical, dental and veterinary apparatus and instruments for use in nutritional diagnostic procedures, medical diagnostic instruments for skin conditions, medical diagnostic instruments for detecting nutritional deficiencies and identifying developmental issues in young children, medical diagnostic instruments for detecting abnormalities in the eyes, skin, teeth, bones; artificial limbs, eyes and teeth; orthopaedic articles, namely, orthopaedic apparatus and instruments for diagnostic and therapeutic use; suture materials; therapeutic and assistive devices adapted for the disabled, namely, dressing sticks for disabled persons and walking frames for disabled persons; massage apparatus; apparatus, devices and articles for nursing infants, namely, nursing bottles; sexual activity apparatus, devices and articles, namely, sex toys;

Paper and cardboard; printed matter, namely, printed cardboard packaging, cardboard outer packaging, cardboard product packaging, printed cardboard shipping cartons, printed product displays being display cards primarily composed of cardboard; bookbinding material; photographs; stationery and office requisites, except furniture, namely, printed notebooks, printed notepads, pens, markers, file folders, display file folders; adhesives for stationery or household purposes; artists and drawing materials, namely, art pads, art paper; paintbrushes; printed instructional and teaching materials, except apparatus in the field of medical science and nutritional goods; plastic sheets, films and bags for wrapping and packaging; printers type, printing blocks;

Leather and imitations of leather; animal skins and hides; luggage and all-purpose carrying bags; umbrellas and parasols; walking sticks; whips, harnesses and saddlery; collars, leashes and clothing for animals;

Furniture, mirrors, picture frames; display stands for desktop signage; furniture, namely, nursing pillows; containers, not of metal, for storage or transport; unworked or semi-worked mother-of-pearl; sea shells; meerschaum, raw or partly worked; yellow amber, raw or partly worked;

Textiles and substitutes for textiles, namely, fabric made of cotton, bamboo, hemp, polyester, denim, spandex, viscose, wool, or nylon for use in manufacture of clothing, furniture or upholstery and automobile upholstery;

Clothing, namely, swimwear, swimming costumes, children's and infants' clothing, namely, pants, shirts, shorts, tops, dresses, jackets, coats, underwear, hats, socks and cloth bibs; footwear; headgear, namely, headwear, hats, swimming caps and baseball caps;

Games, toys and playthings, namely, educational games for children and adults, namely, board games, dice games, playing cards, dolls; video game apparatus, namely, video game consoles; gymnastic and sporting articles, namely, swimming belts, fins, flippers, floats, flotation aids in the nature of flotation noodles for water recreation purposes and kickboard flotation devices for recreation use; swimming jackets and swimming kickboards; swim training devices in the nature of water wing swim aids and kickboard flotation devices, pool rings, inflatable arm rings, back floats, belt floats, foam swings, arm floats, swim paddles, training paddles and hand paddles, all of the aforementioned for recreational and training purposes; decorations for Christmas trees;

Dairy products, namely, dairy-based beverages and dairy-based spreads; milk, milk-based products excluding ice cream, ice milk and frozen yogurt; powdered milk, cream, cream being dairy products, cheese, cheese products, namely, cheese-based snack foods; butter; butter products, namely, clarified butter, garlic and honey butter; yoghurt and yoghurt products, namely, yoghurt drinks; meat, poultry, game and fish, not live; preserved, dried, frozen and cooked meat, poultry, game and fish; meat products, namely, beef jerky, ham, bacon, sausages, smallgoods being charcuterie, salamis, meat extracts; poultry products, namely, poultry sausages, poultry smallgoods being poultry charcuterie and poultry extracts; fish products, namely, fish extracts; shish kebabs; pates; fruit products, namely, cooked fruits, preserved fruits, dried fruits, tinned fruits, frozen fruits and processed fruits; vegetable products, namely, cooked vegetables, preserved vegetables, dried vegetables, tinned vegetables, frozen vegetables and processed vegetables; nuts and nut products, namely, prepared nuts, processed nuts, roasted nuts and salted nuts; snack foods, namely, fruit-based snack bars, nut-based snack bars, fruit-and-nut-based snack bars, fruit-based snacks being fruit-based snack food, vegetable-based snacks being vegetable-based snack foods, and nut-based snacks being nut-based snack foods; edible oils, namely, vegetable oils for food; goats milk, goats milk cheese and yoghurt made from goats milk;

Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals, excluding noodles and vermicelli, namely, breakfast cereals and cereal-based snack foods; bread, pastry and confectionery made of sugar; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces; spices; ice;

Mineral and aerated waters, namely, drinking water and drinking water enriched with vitamins, minerals and protein, not for medical purposes; fruit beverages and fruit juices; syrups and other preparations in the nature of syrup substitutes for making beverages;

Scientific and technological services, namely, scientific research and industrial design in the field of nutrition, healthcare, medicine, skin care, physical therapy, mental health, and childhood development; industrial analysis and research services in the field of nutrition, healthcare, medicine, skin care, physical therapy, mental health, and childhood development;

Medical services; veterinary services; hygienic and beauty care for human beings or animals;