‘(I
`
`J:
`
`TTAB
`
`"
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORETHE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposer's Ref: ATOF USA TC—05/ 10105
`
`In the Matter of Application Serial No. 78/323704
`Published in the Official Gazette on July 26, 2005
`
`Opposer,
`
`Opposition No.
`
`- against-
`
`SOLAR INTEGRATED TECHNOLOGIES, INC.,
`
`Applicant.
`
`11/07/EOOSESHILSDM 00000057 73323704
`
`01 FC:6-$02:
`..........................................................._- X
`
`300.00 OP
`
`TO: TTAB
`
`NOTICE OF OPPOSITION
`
`Opposer, Arkema, a corporation organized and existing under the laws of France, of 4-8
`
`Cours Michelet, 92800 Puteaux, France, believes that it would be damaged by issuance of a
`
`registration for the trademark SOLARCOAT! in stylized print, for “solar electric roofing
`
`membranes for converting conventional, industrial, or commercial rooftops to power generation
`
`centers,” as applied for in the above application, and hereby opposes the same. As grounds for
`
`its opposition, Opposer, by its attorneys Fross Zelnick Lehrman & Zissu, P.C.,_alleges as”
`
`follows:
`
`.
`.
`.
`Cemficate of Express Mailing
`
`10-31-2005
`
`u.s. Patent & TMOfc/TM Mail Rcpt Dt. #64
`
`I hereby certify that this paper or fee is being deposited with the United States Postal Service "Express Mail Post Office to Addressee" service
`and is addressed to the Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
`
`
`
`y i Z
`"Express Mail" mailing label No.
`4/52?’ 42/ Z// I\/ Zuf//
`
`(Printed name of person mailing paper
`
`fee)
`
`7 (U
`
`Date of Deposit
`
`

`
`
`
`1.
`
`A predecessor in title of Opposer adopted and began to use the mark
`
`SOLARKOTE in the United States for acrylic resins molding in 2000. Opposer continues to use
`
`the mark for such goods in the United States. The resins impart resistance to ultraviolet
`
`(sunlight) degradation to vinyl building materials and other plastic materials used outdoors.
`
`2.
`
`Opposer owns U.S. Registration No. 2,451,738, issued May 15, 2001, for the
`
`mark SOLARKOTE for “unprocessed acrylic resins, namely, impact modified acrylic resins for
`
`co-extrusion onto thermoplastic substrates.” Opposer’s registration is valid, subsisting, and in
`
`full force and effect.
`
`3.
`
`The rights of Opposer in Opposer’s SOLARKOTE mark pre-date any rights of
`
`Applicant in the mark here opposed.
`
`4.
`
`On November 5, 2003, Applicant filed the opposed application based on intent-to-
`
`use.
`
`5.
`
`Applicant’s SOLARCOAT! mark is confusingly similar to Opposer’s
`
`SOLARKOTE mark, and is thus likely, when applied to the related goods listed in the
`
`application, to cause confusion, mistake or deception, and cause the public to believe that the
`
`goods offered under Applicant’s mark emanate from or are otherwise sponsored by or endorsed
`
`by Opposer, in violation of Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d), with
`
`consequent damage to Opposer and the public.
`
`6.
`
`Opposer will be damaged by the issuance of the registration of the mark to
`
`Applicant because such registration will adversely affect Opposer’s mark and goodwill.
`
`WHEREFORE, it is respectfully requested that this opposition be sustained.
`
`

`
` 3 Q
`
`The Opposition fee in the amount of $300 for one class is filed herewith. If for any reason
`
`this amount is insufficient, it is requested that Opposer’s attorneys’ Deposition Account No. 23-
`
`0825-0576900 be charged with any deficiency. This paper is filed in duplicate.
`
`Please recognize as attorney for Opposer in this proceeding David Ehrlich whose address
`
`is Fross Zelnick Lehrman & Zissu, P.C., 866 United Nations Plaza, New York, New York
`
`10017, telephone number (212) 813-5900.
`
`Dated: New York, New York
`
`October 31, 2005
`
`Respectfully submitted,
`
`FROSS ZELNICK LEHRMAN
`
`& ZISSU, P.C.
`
`
`
`David Ehrlich
`
`866 United Nations Plaza
`
`New York, New York 10017
`
`(212) 813-5900
`
`Attorneys for Opposer
`
`cc: Anne Wang, Attorney for Applicant
`
`l:\DEHRLICH\ATOF\SOLARCOA'1'! Notice of Opposition.doc
`
`

`
`
`
`I.
`
`Petition to Cancel U.S. Reg. No. 2,359,612
`Q
`
`Certificate of Mailing
`
`I hereby certify that this correspondence is being deposited with the United States Postal Service
`with sufficient postage as First Class mail
`in an envelope addressed to: BOX TTAB - FEE
`Commissioner for Trademarks, P.O. Box 1451, Alexandria, Virginia 22313-1451, on October 25,
`
`2005
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`_
`
`Cancellation No.
`
`) )
`
`) )
`
`) )
`
`) )
`
`In re Registration No. 2,359,612
`
`RegisteredJune20,2000
`
`DNA Holdings, LLC
`
`Petitioner,
`
`v.
`
`Kaplan, Lizabeth
`
`Respondent.
`
`
`) )
`
`BOX TTAB - FEE
`
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`11/07/2005 BTHOHRSE 00000072 2359612
`
`01 FC:6401
`
`300.00 09
`
`PETITION TO CANCEL
`
`DNA Holdings, LLC,
`
`a Limited Liability Company organized under the laws of
`
`Delaware, having a principal place of business of 17555 Collins Ave., Suite 3802, Surmy Isles
`
`\
`
`WWWMWWWWMW
`
`‘
`
`10-28-2005
`US. Patent & TMOfcITM Mail Rcpt D1. #34
`
`

`
`
`
`Petition to Cancel U.S. Reg. No. 2,359,612
`
`1
`
`Beach, FL 33160 (“Petitioner”), believing that it is being damaged by the registered mark
`
`TOUCHED shown in registration No. 2,359,612 (“the Registration”) hereby petitions to cancel
`
`the same. To the best of Petitioner's knowledge, the name and address of the current owner of the
`
`registration is Kaplan, Lizabeth, a Citizen of the United States of America, located at 1155 Yogi
`
`Court, Redding, CA 96003. (“Respondent”) As grounds for cancellation, it is alleged that:
`
`1.
`
`Respondent is the owner of record of the registered mark TOUCHED which is
`
`registered in connection with “Skin emollients, skin toners, skin moisturizers, skin clarifiers, skin
`
`texturizers,
`
`skin cleansers, wrinkle removing skin care preparations, exfoliators, cuticle
`
`conditioners, after-shave lotions and hair rinse” (in International Class 3). (U.S. Registration No.
`
`2,359,612.)
`
`2.
`
`Petitioner is the owner of the intent to use in commerce trademark application
`
`Serial # 78/485324 for the mark TOUCH filed on September 17, 2004, to be used in connection
`
`with “Cosmetics, nail polish, and lotions” (in International Class 3) and “Nail care salons” (in
`
`International Class 44).
`
`Petitioner has a continued bona fide intention to use its mark in
`
`interstate commerce.
`
`3.
`
`On April 25, 2005, Petitioner received an Office Action from the USPTO citing
`
`Respondent’s TOUCHED mark as a Section 2(d) Likelihood of Confusion conflict with its
`
`TOUCH application. Petitioner has standing to file this cancellation as it will be refused
`
`registration of its mark if the cited TOUCHED mark is not cancelled.
`
`4.
`
`Petitioner is informed and believes and thereon alleges that Respondent is the
`
`owner of the Registration and that Respondent’s current address as reported to the Patent and
`
`Trademark Office is 1155 Yogi Court, Redding, CA 96003.
`
`

`
`Petition to Cancel U.S. Reg. No. 2,359,612
`
`5.
`
`Petitioner is informed and believes and thereon alleges that Respondent is no
`
`longer using its TOUCHED mark in any manner. To support its belief, Petitioner retained the
`
`services of a trademark research firm doing business as “Marksmen Brand Protection Services.”
`
`(See Attached Marksmen report Labeled Exhibit #1) The reports indicate that the mark
`
`TOUCHED does not appear to be in use. In fact, an individual contacted at Repondent"s former
`
`address indicated that Lizabeth Kaplan was deceased.
`
`(See Exhibit #1 at page 1) These
`
`Marksmen reports give a detailed account of the apparent
`
`lack of use of Respondent’s
`
`Registration.
`
`7.
`
`Petitioner is informed and believes and thereon alleges that Respondent no longer
`
`provides or intends to provide goods and/or services in connection with the TOUCHED
`
`trademark.
`
`8.
`
`Based on the foregoing, Petitioner is informed and believes and thereon alleges
`
`that Respondent has abandoned the Registration.
`
`9.
`
`If Respondent’s Registration is not cancelled, Respondent will own the prima
`
`facie exclusive right to use in commerce the TOUCHED mark on goods and services that the
`
`Examining Attorney believes are related to the goods and services to be offered by Petitioner in
`
`connection with its TOUCH application. The Registration would be a source of damage and
`
`injury to Petitioner because it could prevent the Patent and Trademark Office from issuing a
`
`registration for the TOUCH mark to Petitioner.
`
`10. Wherefore, Petitioner prays that this Petition be sustained and that Registration
`
`No. 2,359,612 for the mark TOUCHED be cancelled in its entirety.
`
`11.
`
`A duplicate copy of this Petition to Cancel is enclosed herewith.
`
`

`
`Petition to Cancel-U.S. Reg. No. 2,3 59,612
`
`12.
`
`The required fee of $300 for this single class cancellation is enclosed herewith in
`
`the form of our check # 1519.
`
`13.
`Petitioner is represented by ALLMARK TRADEMARK, and Petitioner requests
`that all correspondence be directed to its attorney, Thomas P. Philbrick, Esq. at the address given
`
`below.
`
`Dated:
`
`% T
`
`homas P. Philbrick, Esq.
`John E. Russell, Esq.
`ALLMARK TRADEMARK
`4041 Sugar Maple Dr., Suite A
`Danville, CA 94506
`Phone: (925)648-4839
`Fax: (925)648-4358
`Attorneys for Petitioner
`Petitioner: DNA Holdings, LLC
`
`

`
`EXHIBIT #1
`
`
`

`
`i P
`
`O Box 10038
`Glendale, CA 91209
`
`Voice: 800.558.8838
`Fax: 888.558.4558
`
`1"‘°"‘a‘i°"a‘
`Voice: +818.637.8050
`Fax: +818.637.8054
`
`www.marksmen.com
`License PI 20504
`
`MA.R KSM El\I°
`BR.ANCJ F"R!CfJ'!"EC:'l’lC3~N :a&:r~av'Ic.Es
`
`PRIVILEGED AND CONFIDENTIAL
`
`October 24, 2005
`
`Thomas P. Philbrick, Esq.
`Allmark Trademark
`
`4041 Sugar Maple Drive
`Suite A
`Danville, CA 94506
`United States
`
`Re: TOUCHED
`
`Registrant/Company Info: Kaplan, Lizabeth (United States Citizen)
`Provided address/phone: 1155 Yogi Ct., Redding, CA 96003, unknown
`Client Matter: 1723-001
`File Number: 37959
`
`Dear Thomas:
`
`Our office received your request on October 20, 2005, instructing us to investigate the captioned individual to determine if she is
`currently marketing goods or services using the name TOUCHED.
`
`NO CURRENT USE FOUND. RESIDENT AT FORMER ADDRESS SAID "SI-IE [LIZABETH KAPLAN" PASSED
`AWAY."
`
`INVESTIGATION CONCLUDED.
`
`Kaplan, Lizabeth [United States Citizen] — 1155 Yogj Ct., Redding, CA 26003 — unknown
`
`As you know, the records of the USPTO show that Lizabeth Kaplan, at 1155 Yogi Ct., Redding, CA 96003, filed an application on
`December for TOUCHED for "skin emollients, skin toners, skin moisturizers, skin clarifiers, skin texturizers, skin cleansers, wrinkle
`removing skin care preparations, exfoliators, cuticle conditioners, after—shave lotions and hair rinse." This mark was registered on
`June 20, 2000. The date of first use in commerce is May 9, 1998. The current status, as of June 20, 2000, is "Registered."
`
`Telephone directory assistance for Redding, CA and surrounding areas shows no listing for Lizabeth Kaplan or the captioned address.
`
`Cross—referenced telephone directories show no listing for Lizabeth Kaplan or logical variant (i.e. Elizabeth or Elisabeth) in Redding,
`CA and no listing for a phone number at 1155 Yogi Ct., Redding CA 96003.
`
`National lookup services found no listing for Lizabeth Kaplan in Redding CA and no corresponding telephone number to the
`captioned address.
`
`Online people locator databases show a listing for Lizabeth Kaplan at 1157 Yogi Ct. in Redding CA.
`
`National lookup services found a corresponding telephone number for the 1157 Yogi Ct. address in Redding, CA for Lizabeth Kaplan,
`
`
`
`

`
`
`
`(530) 243-6965. However, we called the number and reached an automated recording stating the number is disconnected.
`
`National business directories we consulted show no relevant listings for an officer of a company named Lizabeth Kaplan (or logical
`variant) for a company bearing the name Lizabeth Kaplan.
`
`The records of the California Secretary of State's office, show no relevant listings for an officer of a company named Lizabeth Kaplan
`(or logical variant) for a company bearing the name Lizabeth Kaplan.
`
`We accessed the City of Redding's online business license search, 11t§p',[[www,gj,redg1jgg,g_a_,u§ City of Redding's online business
`license search, and it shows no listing for a business owned by Lizabeth Kaplan.
`
`Fictitious business name databases show that the fictitious business name Kap's Co Yah's Way at the captioned address was filed on
`September 1, 1998 and Elizabeth Kaplan is the owner.
`
`Telephone directory assistance and online directories show no listing for Kap's Co Yah's Way in Redding, CA or surrounding areas.
`
`We searched the Internet at large and found no references to Kap's Co Yah's Way.
`
`National people and address databases show that Elizabeth Kaplan, born September 1954, may currently reside at 7067 Pit Rd.,
`Redding, CA 96001.
`
`National lookup services show the address 7067 Pit Rd., Redding, CA 96001 is registered to Tracy Petty for the last 21 years, (530)
`243-1805.
`
`People locator databases show the property at 1155 Yogi Ct. Redding, CA 96003-4405 is owned by "Elizabeth Kaplan" with the
`ownership rights in trust.
`
`We searched the Internet at large, but found no relevant references to TOUCHED in connection with Lizabeth Kaplan, Redding, CA
`or skin care products.
`
`We searched the Internet at large, but found no relevant references to Lizabeth Kaplan or Elizabeth Kaplan of Redding, CA.
`
`A search of the Lexis—Nexis news database yielded no references to TOUCHED in connection with Lizabeth Kaplan, Redding, CA or
`skin care products.
`
`A search of the Lexis-Nexis news database yielded found no relevant references to Lizabeth Kaplan or Elizabeth Kaplan of Redding,
`CA.
`
`We called the number provided by national lookup services for the address 7067 Pit Road, Redding, CA 96001 (530) 243-1805, and
`our calls were answered by a gentleman, [name declined], who asked us why we were looking for Ms. Kaplan. We told him we were
`interested in buying some skincare products from Kaplan, he then informed us that "she [Lizabeth Kaplan] passed away." He then
`politely terminated our call.
`
`Pending further advisement from you, we have concluded our investigation of TOUCHED. If you have further need of our services on
`this or any other matter, please call us.
`
`L«l'*c’:8’1”§ Q
`
`"
`
`V
`
`Best Regards,
`Bill Shanks
`
`Marksmen Contact: Bill Shanks
`
`Phone: (203) 426-6469
`
`ctm
`
`

`
`
`
`1
`
`la
`1:
`I
`
`Petition to Cancel U.S. Reg. No. 2,359,612
`
`Certificate of Mailing
`
`I hereby certify that this correspondence is being deposited with the United States Postal Service
`with sufficient postage as First Class mail in an envelope addressed to: BOX TTAB - FEE
`Commissioner for Trademarks, P.O. Box 1451, Alexandria, Virginia 22313-1451, on October 25,
`2005
`
`Date of Signing:
`
`Name of Person Sign"
`
`Signature:
`
`Ce
`
`ficate: Jessica Lazarus (paralegal)
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Cancellation No.
`
`) )
`
`))
`
`) )
`
`))
`
`In re Registration No. 2,3 59,612
`
`Registered June 20, 2000
`
`DNA Holdings, LLC
`
`Petitioner,
`
`v.
`
`Kaplan, Lizabeth
`
`Respondent.
`
`
`))
`
`BOX TTAB - FEE
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`PETITION TO CANCEL
`
`DNA Holdings, LLC,
`
`a Limited Liability Company organized under the laws of
`
`Delaware, having a principal place of business of 17555 Collins Ave., Suite 3802, Sunny Isles
`
`

`
`Petition to Cancel U.S. Reg. No. 2,359,612
`
`Beach, FL 33160 (“Petitioner”), believing that it is being damaged by the registered mark
`
`TOUCHED shown in registration No. 2,359,612 (“the Registration”) hereby petitions to cancel
`
`the same. To the best of Petitioner's knowledge, the name and address of the current owner of the
`
`registration is Kaplan, Lizabeth, a Citizen of the United States of America, located at 1155 Yogi
`
`Court, Redding, CA 96003. (“Respondent”) As grounds for cancellation, it is alleged that:
`
`1.
`
`Respondent is the owner of record of the registered mark TOUCHED which is
`
`registered in connection with “Skin emollients, skin toners, skin moisturizers, skin clarifiers, skin
`
`texturizers,
`
`skin cleansers, wrinkle removing skin care preparations, exfoliators, cuticle
`
`conditioners, after-shave lotions and hair rinse” (in International Class 3). (U.S. Registration No.
`
`2,359,612.)
`
`2.
`
`Petitioner is the owner of the intent to use in commerce trademark application
`
`Serial # 78/485324 for the mark TOUCH filed on September 17, 2004, to be used in connection
`
`with “Cosmetics, nail polish, and lotions” (in International Class 3) and “Nail care salons” (in
`
`International Class 44).
`
`Petitioner has a continued bona fide intention to use its mark in
`
`interstate commerce.
`
`3.
`
`On April 25, 2005, Petitioner received an Office Action from the USPTO citing
`
`Respondent’s TOUCHED mark as a Section 2(d) Likelihood of Confiasion conflict with its
`
`TOUCH application. Petitioner has standing to file this cancellation as it will be refused
`
`registration of its mark if the cited TOUCHED mark is not cancelled.
`
`4.
`
`Petitioner is informed and believes and thereon alleges that Respondent is the
`
`owner of the Registration and that Respondent’s current address as reported to the Patent and
`
`Trademark Office is 1155 Yogi Court, Redding, CA 96003.
`
`

`
`
`
`Petition to Cancel U.S. Reg. No. 2,359,612
`
`5.
`
`Petitioner is informed and believes and thereon alleges that Respondent is no
`
`longer using its TOUCHED mark in any manner. To support its belief, Petitioner retained the
`
`services of a trademark research firm doing business as “Marksmen Brand Protection Services.”
`
`(See Attached Marksmen report Labeled Exhibit #1) The reports indicate that
`
`the mark
`
`TOUCHED does not appear to be in use.
`
`In fact, an individual contacted at Repondent’s former
`
`address indicated that Lizabeth Kaplan was deceased.
`
`(See Exhibit #1 at page 1) These
`
`Marksmen reports give a detailed account of the apparent
`
`lack of use of Respondent’s
`
`Registration.
`
`7.
`
`Petitioner is informed and believes and thereon alleges that Respondent no longer
`
`provides or intends to provide goods and/or services in connection with the TOUCHED
`
`trademark.
`
`8.
`
`Based on the foregoing, Petitioner is informed and believes and thereon alleges
`
`that Respondent has abandoned the Registration.
`
`9.
`
`If Respondent’s Registration is not cancelled, Respondent will own the prima
`
`facie exclusive right to use in commerce the TOUCHED mark on goods and services that the
`
`Examining Attorney believes are related to the goods and services to be offered by Petitioner in
`
`connection with its TOUCH application. The Registration would be a source of damage and
`
`injury to Petitioner because it could prevent the Patent and Trademark Office from issuing a
`
`registration for the TOUCH mark to Petitioner.
`
`10. Wherefore, Petitioner prays that this Petition be sustained and that Registration
`
`No. 2,359,612 for the mark TOUCHED be cancelled in its entirety.
`
`11.
`
`A duplicate copy of this Petition to Cancel is enclosed herewith.
`
`

`
`Petition to Cancel U.S. Reg. No. 2,359,612
`
`12.
`
`The required fee of $300 for this single class cancellation is enclosed herewith in
`
`the form of our check # 1519.
`
`13.
`
`Petitioner is represented by ALLMARK TRADEMARK, and Petitioner requests
`
`that all correspondence be directed to its attorney, Thomas P. Philbrick, Esq. at the address given
`
`below.
`
`Dated:
`
`.
`
`Respectfully submitted
`
` f
`
`
`
`Thomas P. Philbrick, Esq.
`
`John E. Russell, Esq.
`ALLMARK TRADEMARK
`4041 Sugar Maple Dr., Suite A
`Danville, CA 94506
`Phone: (925)648-4839
`Fax: (925)648-4358
`Attorneys for Petitioner
`Petitioner: DNA Holdings, LLC
`
`

`
`EXHIBIT #1
`
`

`
`PO Box 10038
`Glendale, CA 91209
`
`Voice: 800.558.8838
`
`Fax: 888.558.4558
`
`‘"9’-ma‘l°“a1
`
`Voice: +818.637.8050
`Fax: +818.637.8054
`
`www.marksmen.com
`License PI 20504
`
`% RANcan r==-mo1"Ec:“ru::a~N E3I~F;.‘FilV‘Il2ZE:.‘§5-
`
`«I
`
`PRIVILEGED AND CONFIDENTIAL
`
`October 24, 2005
`
`Thomas P. Philbrick, Esq.
`Allmark Trademark
`
`4041 Sugar Maple Drive
`Suite A
`Danville, CA 94506
`United States
`
`Re: TOUCHED
`
`Registrant/Company Info: Kaplan, Lizabeth (United States Citizen)
`Provided address/phone: 1155 Yogi Ct., Redding, CA 96003, unknown
`Client Matter: 1723-001
`File Number: 37959
`
`Dear Thomas:
`
`Our office received your request on October 20, 2005, instructing us to investigate the captioned individual to determine if she is
`currently marketing goods or services using the name TOUCHED.
`
`NO CURRENT USE FOUND. RESIDENT AT FORMER ADDRESS SAID "SI-IE [LIZABETI-I KAPLAN" PASSED
`AWAY."
`
`INVESTIGATION CONCLUDED.
`
`Kaplan, Lizabeth {United States Citizen} — 1155 Yogi Ct., Redding, CA 96003 — unknown
`
`As you know, the records of the USPTO show that Lizabeth Kaplan, at 1155 Yogi Ct., Redding, CA 96003, filed an application on
`December for TOUCHED for "skin emollients, skin toners, skin moisturizers, skin clarifiers, skin texturizers, skin cleansers, wrinkle
`removing skin care preparations, exfoliators, cuticle conditioners, after—shave lotions and hair rinse." This mark was registered on
`June 20, 2000. The date of first use in commerce is May 9, 1998. The current status, as of June 20, 2000, is "Registered."
`
`Telephone directory assistance for Redding, CA and surrounding areas shows no listing for Lizabeth Kaplan or the captioned address.
`
`Cross—referenced telephone directories show no listing for Lizabeth Kaplan or logical variant (i.e. Elizabeth or Elisabeth) in Redding,
`CA and no listing for a phone number at 1155 Yogi Ct., Redding CA 96003.
`
`National lookup services found no listing for Lizabeth Kaplan in Redding CA and no corresponding telephone number to the
`captioned address.
`
`Online people locator databases show a listing for Lizabeth Kaplan at 1157 Yogi Ct. in Redding CA.
`
`National lookup services found a corresponding telephone number for the 1157 Yogi Ct. address in Redding, CA for Lizabeth Kaplan,
`
`

`
`(530) 243-6965. However, we called the number and reached an automated recording stating the number is disconnected.
`
`National business directories we consulted show no relevant listings for an officer of a company named Lizabeth Kaplan (or logical
`variant) for a company bearing the name Lizabeth Kaplan.
`
`The records of the California Secretary of State's office, show no relevant listings for an officer of a company named Lizabeth Kaplan
`(or logical variant) for a company bearing the name Lizabeth Kaplan.
`
`We accessed the City of Rcdding's online business license search,
`license search, and it shows no listing for a business owned by Lizabeth Kaplan.
`
`City of Rcdding's online business
`
`Fictitious business name databases show that the fictitious business name Kap's Co Yah's Way at the captioned address was filed on
`September 1, 1998 and Elizabeth Kaplan is the owner.
`
`Telephone directory assistance and online directories show no listing for Kap's Co Yah's Way in Redding, CA or surrounding areas.
`
`We searched the Internet at large and found no references to Kap's Co Yah's Way.
`
`National people and address databases show that Elizabeth Kaplan, born September 1954, may currently reside at 7067 Pit Rd.,
`Redding, CA 96001.
`
`National lookup services show the address 7067 Pit Rd., Redding, CA 96001 is registered to Tracy Petty for the last 21 years, (530)
`243-1805.
`
`People locator databases show the property at 1155 Yogi Ct. Redding, CA 96003-4405 is owned by "Elizabeth Kaplan" with the
`ownership rights in trust.
`
`We searched the Internet at large, but found no relevant references to TOUCHED in connection with Lizabeth Kaplan, Redding, CA
`or skin care products.
`
`We searched the Internet at large, but found no relevant references to Lizabeth Kaplan or Elizabeth Kaplan of Redding, CA.
`
`A search of the Lexis-Nexis news database yielded no references to TOUCHED in connection with Lizabeth Kaplan, Redding, CA or
`skin care products.
`
`A search of the Lexis-Nexis news database yielded found no relevant references to Lizabeth Kaplan or Elizabeth Kaplan of Redding,
`CA.
`
`We called the number provided by national lookup services for the address 7067 Pit Road, Redding, CA 96001 (530) 243-1805, and
`our calls were answered by a gentleman, [name declined], who asked us why we were looking for Ms. Kaplan. We told him we were
`interested in buying some skincare products from Kaplan, he then informed us that "she [Lizabeth Kaplan] passed away." He then
`politely terminated our call.
`
`Pending further advisement from you, we have concluded our investigation of TOUCHED. If you have further need of our services on
`this or any other matter, please call us.
`
`Best Regards,
`Bill Shanks
`
`Marksmen Contact: Bill Shanks
`
`Phone: (203) 426-6469
`
`ctm