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;

Yarns and threads, for textile use;

Carpets, rugs, floor mats and floor matting, linoleum and coverings for existing floors; wall hangings, not of textile;

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

Dietary supplements; nutritional supplements; nutritional meal replacements and dietetic substances for medicinal use, namely, meal replacement bars adapted for medical use and dietetic foods for medicinal use; foodstuffs for infants; infants' foods; milk foods for infants; powdered milk foods for infants; preparations for food for human consumption 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; vitamins, vitamin tablets, vitamin powders, vitamin preparations and vitamin supplements; medicinal food supplements for nutritional purposes; milk powder for nutritional purposes for babies; mineral preparations for use as nutritional supplement additives to foodstuffs for humans; medicated skin care creams, lotions and balms; medicated skin care preparations; medicated mouth rinses, mouth washes and mouth sprays; nutrition products, namely, powdered nutritional supplement drink mix; nutritionally fortified foods, namely, functional fruit-based beverages for medical purposes and nutritionally fortified baby foods; 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;

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking, supervision, life-saving and teaching apparatus and instruments, namely, medical teaching models and instruments for medical training and nutritional training; eyewear; digital products, namely, digital audio and video recordings featuring medical product demonstrations, medical training, and nutritional product training; compact discs and DVDs featuring medical product demonstrations, medical training, and nutritional product training; fire extinguishing apparatus;

Paper and cardboard; plastic sheets, films and bags for wrapping and packaging; printers' type, printing blocks; printed educational materials in the fields of medical science and nutritional goods; 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; bookbinding material; photographs; stationery and office requisites, except furniture, namely, notebooks, notepads, pens, markers, folders, and 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;

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

Household or kitchen utensils and containers, namely, kitchen tongs, serving scoops, containers for household use; cookware and tableware, except forks, knives and spoons, namely, pots, pans, coffee and tea services in the nature of tableware; cleaning combs and sponges; cleaning brushes for household use, except paint brushes; brush-making materials; articles for cleaning purposes, namely, cleaning combs and sponges; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware, namely, cookie jars, cake toppers, statutes of glass, porcelain, and earthenware;

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

Lace, braid and embroidery, and haberdashery ribbons and bows; buttons; artificial flowers; hair decorations in the nature of haberdashery ribbons and braids;

Games, toys and playthings, 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; decorations for Christmas trees; educational toys and playthings, namely, swim training devices in the nature of water wing swim aids and swimming kick boards, 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 educational and training purposes;

Dairy products, namely, dairy-based beverages and dairy-based spreads; milk; milk-based products, namely, milk curd, milk- based beverages that are milk predominating; plant milk-based beverages and powders; powdered milk; cream; cream products, namely, cream powder; cheese; cheese products, namely, cheese-based snack foods; butter; butter products, namely, clarified butter; yoghurt and yoghurt products, namely, yoghurt drinks; 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 bars, nut-based bars, fruit and nut-based bars, fruit-based snack food, vegetable-based snack foods and nut-based snack foods; edible oils including vegetable oils for food; goats milk, goats milk cheese and yoghurt made from goats milk; fortified foods, namely, milk, yoghurt, cheese, and dairy-based beverages fortified with nutrients, not for medical purposes; 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 in the nature of salamis, meat extracts; poultry products, namely, poultry sausages, poultry smallgoods in the nature of salamis and poultry extracts; fish products, namely, fish extracts; meat in the nature of kebabs; pates; fruit products, namely, cooked fruits, preserved fruits, dried fruits, tinned fruits, frozen fruits and processed fruits;

Coffee, tea, cocoa and artificial coffee; mustard; vinegar; sauces as condiments; spices; ice; fortified foods being confectionery fortified with nutrients in the nature of vitamin and mineral premixes, not for medical purposes; rice; tapioca and sago; flour and preparations made from cereals in the nature of breakfast cereals and cereal-based snack foods; bread; pastry; confectionery in the nature of confectionery made of sugar; edible ices; sugar, honey, treacle; yeast, baking-powder; salt;

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 for making beverages 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 not for medical purposes;

Advertising services; business management; business administration services; providing office functions; retail and wholesale store services featuring cosmetics, hair and skin care products and preparations, toiletries, nutritional foods and supplements, games and playthings, textiles and substitutes for textiles, clothing, headwear, footwear, carpets, rugs, mats and matting, linoleum and other materials for covering existing floors, wall hangings, not of textile, lace, braid and embroidery, and haberdashery ribbons and bows, buttons, artificial flowers, and hair decorations;

Education services, namely, providing classes, seminars and workshops in the fields of product information and training and health and well-being; providing of training services in the fields of product information and training and health and well-being; entertainment services, namely, providing webcasts and podcasts in the field of nutrition; entertainment services, namely, production and distribution of animated films, webcasts and podcasts for adults and children; organizing community sporting and cultural activities;

Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture and horticulture services, namely, plant selection, propagation, planting, growing, fertilizing, picking, for others, and providing information related thereto, all regarding medicinal herbs, medicinal flowers, fruit and nutritionally modified grains;

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;