Rousselot B.V. v. Probactive Biotech, Inc., nysdc:1:2018cv11058

photographic gelatins; gelatins used in the paper industry in the manufacture of paper, cardboard and bookbindings; [ gelatins used in the textile industry for paper coating, reproduction of plans, printers roller composition, textile sizing, and in the manufacture of leather and casing; gelatins used in the wood industry in the manufacture of particle boards and laminates, in the manufacture of composition cork, and in the manufacture of synthetic rubbers; gelatins used in the metal industries for electrolytic surface treatment; gelatins used in the foundry industries in the manufacture of synthetic adhesives; gelatins used in the matches industry for binding of the inflammable substance in matches; gelatins used in the tobacco industry for closing cigarette seams; ] gelatins used in the cosmetic industry as an ingredient in protection creams, beauty masks, lotions, toothpaste and shampoo base; gelatins used in the pharmaceutical industry for the manufacture of tablets and dragees as coating or binding preparation; and gelatins used in the dietary food industry in the manufacture of dietary bread, dietary biscuits, and dietary powdered soups and low calorie gelatin;

Gelatin capsules sold empty for use in encapsulating vitamins and suppositories [ ; gelatin used as substitute blood serum ];

Unflavored and unsweetened edible gelatins;

Flavored and sweetened gelatins; gelatins used as non-nutritional food additive ingredients, gelling and binding agent in soups, sauces, aspics, meat preparations, sausages, yogurts and gellified milks, confectionery, aerated milk products, ice creams, sorbets, water jellies, foam dishes [ ; gelatins used as non-nutritional food additive ingredient for use as a preservative or salt product and gelatin for use as a food glaze on a variety of foods ];

Chemical products for use in industry, science and photography, namely, film coating, namely, emulsions for use in manufacture of photographic and x-ray film; [ unprocessed artificial resins; unprocessed plastics; fertilizers; fire extinguishing compositions; metal tempering and soldering preparations; chemical substances for preserving foodstuffs, namely, food preservative compositions; tanning substances, namely, tanning agents for use in the manufacture of leather; ] adhesives used in industry; [ salt for preserving, other than for foodstuffs, namely, magnesium salts; salts for industrial purposes, namely, halides and halogen acid salts; chemical reagents other than for medical or veterinary purposes; ] gelatin glue for industrial purposes, gelatin glue for photographic purposes; biochemicals, namely, collagen for use in industry; chemical and biochemical additives for use in the manufacture of food, cosmetics, and pharmaceuticals, namely, natural and synthetic collagen; adhesives and glues for industrial purposes, namely, animal glues, synthetic glues, synthetic resins;

Pharmaceutical preparations for treatment of osteoporosis, osteoarthritis, joint pain, loss of bone firmness and veterinary preparations for joint and bone health of horses or pets such as cats or dogs; sanitary preparations for medical purposes; dietetic foods adapted for medical use; [ food for babies; ] medical plasters, gauze for dressings; [ material for stopping teeth dental wax; disinfectants for sanitary purposes; preparations for destroying vermin; fungicides, herbicides; medicated bath preparations; sanitary pads and towels; chemical preparations for sanitary use; medicinal herbs; herbal teas for medical purposes; antiparasitic preparations; dietetic sugar for medical purposes; alloys of precious metals for dental purposes; ] gelatine for medical purposes; gelatine capsules sold empty for pharmaceuticals; collagen for medical purposes or for use in producing pharmaceutical and veterinary products, dietetic preparations and substances for medical use or for special foods based on collagen, namely, protein enriched food preparations, nutricosmetic ingredient to stimulate the production of collagen by the skin cells, functional foods to stimulate osteoblasts and increase bone mass density, functional foods to improve joint health by collagen synthesis by cartilage cells; dietetic beverages for medical purposes or for special foods containing collagen, namely, malted milk beverages for medical purposes; nutritional additives for medical purposes for use in foods and dietary supplements for human consumption;

[ Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies; jams; stewed fruit; eggs, milk and dairy products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; edible fats; butter; characuterie; salted meats; shell fish, not live; tinned meat and fish; cheese; milk beverages with high milk content; ] unflavored and unsweetened gelatin for food; collagen for food, namely, protein enriched dairy-based beverages, dairy products, excluding ice cream, ice milk, and frozen yogurt, and yogurt for sport nutrition, dairy-based beverages, dairy products, excluding ice cream, ice milk, and frozen yogurt, and yogurt with collagen to help improve skin, joint and bone health, energetic dairy drinks for sports nutrition;

[ Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flours and cereal preparations, namely, bars containing gelatin or collagen as bulking agents, namely, ready to eat, cereal derived food bars, bread, pastry and confectionery, namely, gummy candies, marshmallows, chews, namely, snack food chews comprising gelatin; edible ices; honey, treacle; yeast, baking powder; salt, mustard, vinegar, sauces; spices; ice for refreshment; sandwiches, pizzas, pancakes; biscuits; cakes; rusks; confectionery products, namely, gummy candies, marshmallows, chews, namely, snack food chews comprising gelatin; chocolate; beverages made with cocoa, coffee, chocolate or tea not being dairy based or vegetable based ];

[ Beer, mineral and carbonated waters; fruit drinks and juices; concentrates, syrups or powders used in the preparation of soft drinks; lemonades; fruit nectars; soda water; non-alcoholic aperitifs; collagen-based beverage preparations for non-medical use, namely, beauty juices, namely, fruit juices and energy drinks containing nutritional supplements, and beauty waters, namely, drinking water with vitamins, energy drinks for sport ];

Biochemicals, namely, collagen for industrial use;

Collagen for cosmetic use, namely, collagen preparations as cosmetics; [ cosmetic products incorporating collagen, namely, skin creams and skin toners ];

[ Dietetic foods adapted for medical use; ] chemical preparations for medical or pharmaceutical use, namely, pharmaceutical preparations for the treatment of obesity, osteoporosis and arthritis; gelatin for medical use, namely, gelatin used as a coating for the manufacture of coated tablets; gelatin included in the composition of pharmaceutical products, namely, gelatin used as a bonding agent and as a coating for the manufacture of coated tablets; gelatins for coating pharmaceutical products, namely, empty gelatin capsules for containing vitamins and suppositories; [ dietetic preparations and substances for medical use or for special food containing collagen, namely, capsules, gums and tablets used as dietary supplements; dietetic beverages for medical use and for meal replacement drinks, containing collagen; ] nutritional additives for medical use for use in foods and dietary supplements for human consumption, containing collagen;

Food additives for non-nutritional purposes for use as a flavoring, namely, collagen [ ; dietetic and dietary products for non-medical use containing collagen, namely, confectionery made of sugar, biscuits and cereal-based snack foods; grain-based energy and food bars also containing collagen ];

[ Preparations for making beverages; non-alcoholic dietary and energy beverages containing collagen, not for medical use, namely, energy drinks, soft drinks and fruit drinks all containing collagen powders, crystals, herbs and weeds ];

Gelatin and collagen, whether or not modified, for 3D printing for biomedical engineering for industrial purposes;

Gelatin and collagen, modified gelatin and collagen for medical or veterinary use as an extracellular matrix in contact with human or animal cells; gelatin for absorbable hemostatic devices for medical purposes; gelatin and collagen for stabilizing parenteral formulations for medical purposes; gelatin and collagen, whether or not modified, for tissue engineering and cell cultures for medical or veterinary purposes;

Gelatin preparations and hydrolyzed gelatin preparations for medical use;