throbber
Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1148706
`07/23/2021
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Beyond Meat, Inc.
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Correspondence
`information
`
`07/25/2021
`
`119 STANDARD STREET
`EL SEGUNDO, CA 90245
`UNITED STATES
`
`KRISTIN S. CORNUELLE
`ATTORNEY OF RECORD
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`2050 MAIN STREET, SUITE 1100
`IRVINE, CA 92614
`UNITED STATES
`Primary Email: ipprossecution@orrick.com
`Secondary Email(s): bwang@orrick.com, kcornuelle@orrick.com,
`bela.karmel@orrick.com, mweddington@orrick.com, lpartmann@orrick.com
`503-943-4828
`
`Applicant Information
`
`Application No.
`
`90110937
`
`Publication date
`
`01/26/2021
`
`Opposition Filing
`Date
`
`International Re-
`gistration No.
`
`Applicant
`
`07/23/2021
`
`NONE
`
`Opposition Peri-
`od Ends
`
`International Re-
`gistration Date
`
`07/25/2021
`
`NONE
`
`Eat Beyond Global Holdings Inc.
`1500 - 1055 WEST GEORGIA STREET
`VANCOUVER, V6E4N7
`CANADA
`
`Goods/Services Affected by Opposition
`
`Class 036. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Financial advisory and consultancy ser-
`vices, namely, Advisory services in the field of investments; Financial advisory and consultancy ser-
`vices, namely, advisory services in the field of investments into companies operating in the food sec-
`tor; Financial advisory and consultancy services, namely, providing strategic advising regarding capit-
`al investments; Financial advisory and consultancy services, namely, investment advisory ser-
`vices;Financial advisory and consultancy services, namely, providing strategic advising regarding fin-
`ancial investments into companies operating in the food sector
`
`

`

`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`4314689
`
`Registration Date
`
`04/02/2013
`
`Word Mark
`
`Design Mark
`
`BEYOND MEAT
`
`Application Date
`
`04/24/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 029. First use: First Use: 2012/05/29 First Use In Commerce: 2012/05/29
`Meat substitutes; vegetarian meat products; plant-based meat substitutes
`
`U.S. Registration
`No.
`
`4654351
`
`Registration Date
`
`12/09/2014
`
`Word Mark
`
`Design Mark
`
`BEYOND CHICKEN
`
`Application Date
`
`02/24/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 029. First use: First Use: 2014/08/19 First Use In Commerce: 2014/08/19
`Meat substitutes; vegetarian meat products; plant-based meat substitutes
`
`U.S. Registration
`No.
`
`4654352
`
`Registration Date
`
`12/09/2014
`
`Application Date
`
`02/24/2014
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`BEYOND BEEF
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 029. First use: First Use: 2014/08/19 First Use In Commerce: 2014/08/19
`Meat substitutes; vegetarian meat products; plant-based meat substitutes
`
`U.S. Registration
`No.
`
`5504568
`
`Registration Date
`
`06/26/2018
`
`Word Mark
`
`Design Mark
`
`BEYOND SAUSAGE
`
`Application Date
`
`06/07/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 029. First use: First Use: 2017/12/18 First Use In Commerce: 2017/12/18
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Registration
`No.
`
`5910554
`
`Registration Date
`
`11/12/2019
`
`Word Mark
`
`BEYOND BURGER
`
`Application Date
`
`03/19/2019
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 029. First use: First Use: 2019/02/00 First Use In Commerce: 2019/02/00
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Registration
`No.
`
`6071089
`
`Registration Date
`
`06/02/2020
`
`Application Date
`
`08/26/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`BEYOND FRIED CHICKEN
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 029. First use: First Use: 2019/08/26 First Use In Commerce: 2019/08/26
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Registration
`No.
`
`6059295
`
`Registration Date
`
`05/19/2020
`
`Application Date
`
`04/30/2018
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`BEYOND BREAKFAST SAUSAGE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 029. First use: First Use: 2019/07/00 First Use In Commerce: 2020/03/11
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Registration
`No.
`
`5928278
`
`Registration Date
`
`12/03/2019
`
`Word Mark
`
`Design Mark
`
`GO BEYOND
`
`Application Date
`
`10/22/2018
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 029. First use: First Use: 2016/00/00 First Use In Commerce: 2019/02/00
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Registration
`No.
`
`6234585
`
`Registration Date
`
`12/29/2020
`
`Word Mark
`
`BEYOND CHILI
`
`Application Date
`
`05/22/2019
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 029. First use: First Use: 2020/10/01 First Use In Commerce: 2020/10/01
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`U.S. Registration
`No.
`
`6234618
`
`Registration Date
`
`12/29/2020
`
`Word Mark
`
`Design Mark
`
`BEYOND MEATBALLS
`
`Application Date
`
`06/11/2019
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`
`NONE
`
`Class 029. First use: First Use: 2020/09/14 First Use In Commerce: 2020/09/14
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`88571277
`
`Application Date
`
`08/08/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`BEYOND BONELESS WINGS
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`87960109
`
`Application Date
`
`06/13/2018
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`BEYOND NUGGETS
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat substitutes; plant-based meat sub-
`stitutes
`
`88337055
`
`Application Date
`
`03/12/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`BEYOND BURRITO
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`88468221
`
`Application Date
`
`06/11/2019
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`BEYOND BRUNCH
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`88302178
`
`Application Date
`
`02/14/2019
`
`Registration Date
`
`NONE
`
`Word Mark
`
`BEYOND JERKY
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`U.S. Application
`No.
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat substitutes; plant-based meat sub-
`stitutes; vegan and vegetarian jerky
`
`88399826
`
`Application Date
`
`04/24/2019
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`BEYOND DAY
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`Attachments
`
`NONE
`
`Class 029. First use: First Use: 0 First Use In Commerce: 0
`Meat substitutes; vegan and vegetarian meat products; plant-based meat substi-
`tutes
`
`85606344#TMSN.png( bytes )
`86202491#TMSN.png( bytes )
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`88441693#TMSN.png( bytes )
`88468210#TMSN.png( bytes )
`Notice of Opposition EAT BEYOND.pdf(148473 bytes )
`88571277#TMSN.png( bytes )
`87960109#TMSN.png( bytes )
`88337055#TMSN.png( bytes )
`
`

`

`88468221#TMSN.png( bytes )
`88302178#TMSN.png( bytes )
`88399826#TMSN.png( bytes )
`
`Signature
`
`/Kristin S. Cornuelle/
`
`Name
`
`Date
`
`KRISTIN S. CORNUELLE
`
`07/23/2021
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposer,
`
`
`
`v.
`
`
`
`
`
`
`
`
`In the Matter of Application Serial No. 90/110,937
`Published in the Official Gazette on January 26, 2021
`Designation: EAT BEYOND
`
`Beyond Meat, Inc.,
`
`
`
`
`
`Eat Beyond Global Holdings Inc.,
`
`
`
`
`
`
`Applicant.
`
`
`
`NOTICE OF OPPOSITION
`
`Beyond Meat, Inc. (“Opposer”), a Delaware corporation having an address at 119
`
`Standard St., El Segundo, California 90245, believes it will be damaged by registration of the
`
`designation EAT BEYOND as shown in Serial No. 90/110,937 in International Class (“Class”)
`
`36 and hereby opposes the same.
`
`As grounds for opposition, Opposer alleges:
`
`1.
`
`Eat Beyond Global Holdings Inc. (“Applicant”), has filed an application to
`
`register the designation EAT BEYOND as evidenced by the publication of such designation in
`
`the Official Gazette on January 26, 2021. Applicant is seeking to register the designation EAT
`
`BEYOND in connection with “Financial advisory and consultancy services, namely, Advisory
`
`services in the field of investments; Financial advisory and consultancy services, namely,
`
`advisory services in the field of investments into companies operating in the food sector;
`
`Financial advisory and consultancy services, namely, providing strategic advising regarding
`
`capital investments; Financial advisory and consultancy services, namely, investment advisory
`
`1
`
`

`

`services; Financial advisory and consultancy services, namely, providing strategic advising
`
`regarding financial investments into companies operating in the food sector” in Class 36.
`
`2.
`
`Applicant is, upon information and belief, a Canadian corporation with an address
`
`at 1500-1055 West Georgia Street, Vancouver V6E4N7, Canada.
`
`3.
`
`On information and belief, Applicant intends to use the designation EAT
`
`BEYOND in connection with financial advisory and consultancy services for companies
`
`operating in the food sector.
`
`4.
`
`Applicant’s application for the designation EAT BEYOND was published in the
`
`Official Gazette on January 26, 2021. Opposer has sought and has subsequently been granted
`
`Extensions of Time to Oppose Applicant’s application up to and including July 25, 2021.
`
`Therefore, Opposer’s Notice of Opposition is timely.
`
`5.
`
`Opposer is a leading provider of vegan and vegetarian meat substitutes in
`
`connection with its BEYOND family of marks. Opposer is the owner of the BEYOND MEAT
`
`mark and the BEYOND family of trademarks – BEYOND MEAT, BEYOND CHICKEN,
`
`BEYOND BEEF, BEYOND SAUSAGE, BEYOND BURGER, BEYOND FRIED CHICKEN,
`
`BEYOND BREAKFAST SAUSAGE, BEYOND CHILI, BEYOND MEATBALLS, and GO
`
`BEYOND (the “BEYOND family of marks”), which it has used in interstate commerce in
`
`connection with meat substitutes, vegan and vegetarian meat products and plant-based meat
`
`substitutes, since at least as early as May 2012. Opposer has invested considerable resources in
`
`advertising and promoting its goods and has acquired substantial goodwill under the BEYOND
`
`MEAT trademark and the BEYOND family of marks.
`
`6.
`
`Opposer is the owner of U.S. Trademark Registration No. 4,314,689 for the
`
`trademark BEYOND MEAT for “Meat substitutes; vegan and vegetarian meat products; plant-
`
`based meat substitutes” in Class 29. Opposer’s Registration 4,314,689 was filed on April 24,
`
`2012 based on an intent to use and registered on April 2, 2013.
`
`7.
`
`Opposer is also the owner of U.S. Trademark Registration No. 4,654,351 for the
`
`trademark BEYOND CHICKEN for “Meat substitutes; vegan and vegetarian meat products;
`
`2
`
`

`

`plant-based meat substitutes” in Class 29. Opposer’s Registration No. 4,654,351 was filed on
`
`February 24, 2014 based on an intent to use and registered on December 9, 2014.
`
`8.
`
`Opposer is also the owner of U.S. Trademark Registration No. 4,654,352 for the
`
`trademark BEYOND BEEF for “Meat substitutes; vegan and vegetarian meat products; plant-
`
`based meat substitutes” in Class 29. Opposer’s Registration No. 4,654,352 was filed on
`
`February 24, 2014 based on an intent to use and registered on December 9, 2014.
`
`9.
`
`Opposer is also the owner of U.S. Trademark Registration No. 5,504,568 for the
`
`trademark BEYOND SAUSAGE for “Meat substitutes; vegan and vegetarian meat products;
`
`plant-based meat substitutes” in Class 29. Opposer’s Registration No. 5,504,568 was filed on
`
`June 7, 2017 based on an intent to use and registered on June 26, 2018.
`
`10.
`
`Opposer is also the owner of U.S. Trademark Registration No. 5,910,554 for the
`
`trademark BEYOND BURGER for “Meat substitutes; vegan and vegetarian meat products;
`
`plant-based meat substitutes” in Class 29. Opposer’s Registration No. 5,910,554 was filed on
`
`March 19, 2019 based on an intent to use and registered on November 12, 2019.
`
`11.
`
`Opposer is also the owner of U.S. Trademark Registration No. 6,071,089 for the
`
`trademark BEYOND FRIED CHICKEN for “Meat substitutes; vegan and vegetarian meat
`
`products; plant-based meat substitutes” in Class 29. Opposer’s Registration No. 6,071,089 was
`
`filed on August 26, 2019 based on an intent to use and registered on June 2, 2020.
`
`12. Opposer is also the owner of U.S. Trademark Registration No. 6,059,295 for the
`
`trademark BEYOND BREAKFAST SAUSAGE for “Meat substitutes; vegan and vegetarian
`
`meat products; plant-based meat substitutes” in Class 29. Opposer’s Registration No. 6,059,295
`
`was filed on April 30, 2018 based on an intent to use and registered on May 19, 2020.
`
`13.
`
`Opposer is also the owner of U.S. Trademark Registration No. 5,928,278 for the
`
`trademark GO BEYOND for “Meat substitutes; vegan and vegetarian meat products; plant-based
`
`meat substitutes” in Class 29. Opposer’s Registration No. 5,928,278 was filed on October 22,
`
`2018 based on an intent to use and registered on December 3, 2019.
`
`3
`
`

`

`14.
`
`Opposer is also the owner of U.S. Trademark Registration No. 6,234,585 for the
`
`trademark BEYOND CHILI for “Meat substitutes; vegan and vegetarian meat products; plant-
`
`based meat substitutes” in Class 29. Opposer’s Registration No. 6,234,585 was filed on May 22,
`
`2019 based on an intent to use and registered on December 29, 2020.
`
`15.
`
`Opposer is also the owner of U.S. Trademark Registration No. 6,234,618 for the
`
`trademark BEYOND MEATBALLS for “Meat substitutes; vegan and vegetarian meat products;
`
`plant-based meat substitutes” in Class 29. Opposer’s Registration No. 6,234,618 was filed on
`
`June 11, 2019 based on an intent to use and registered on December 29, 2020.
`
`16.
`
`Opposer’s Registration Nos. 4,314,689, 4,654,351, 4,654,352, 5,504,568,
`
`5,910,554, 6,071,089, 6,059,295, 5,928,278, 6,234,585 and 6,234,618 are valid and subsisting,
`
`and are prima facie evidence of the validity of the registered marks set forth therein, and of
`
`Opposer’s exclusive right to use the registered marks set forth therein. In addition, Opposer’s
`
`Registration Nos. 4,314,689 and 4,654,352 are incontestable pursuant to Section 15 of the
`
`Lanham Act, 15 U.S.C. § 1065, and therefore serve as conclusive proof of Opposer’s exclusive
`
`right to use the registered BEYOND MEAT and BEYOND BEEF marks on or in connection
`
`with the goods listed in those registrations, as provided by Section 33(b) of the Lanham Act, 15
`
`U.S.C. § 1115(b).
`
`17.
`
`Opposer is also the owner of multiple U.S. trademark applications that pre-date
`
`Applicant’s filing date of August 13, 2020, including the following: BEYOND BONELESS
`
`WINGS, Serial No. 88/571,277, BEYOND NUGGETS, Serial No. 87/960,109, BEYOND
`
`BURRITO, Serial No. 88/337,055, BEYOND BRUNCH, Serial No. 88/468,221, BEYOND
`
`JERKY, Serial No. 88/302,178, and BEYOND DAY, Serial No. 88/399,826.
`
`18.
`
`Opposer has offered its goods for sale under the BEYOND MEAT trademark in
`
`interstate commerce since at least as early as May 29, 2012 and has developed valuable goodwill
`
`with respect to the BEYOND MEAT trademark and the BEYOND family of marks.
`
`19. Opposer has made a substantial investment in advertising and promoting its
`
`BEYOND MEAT trademark and BEYOND family of marks. Opposer has extensively used,
`
`4
`
`

`

`advertised, promoted, offered, and rendered Opposer’s goods under the BEYOND MEAT
`
`trademark and BEYOND family of marks to the public through various channels of trade in
`
`commerce. By virtue of its efforts and the expenditure of considerable sums for promotional and
`
`advertising activities, and by virtue of the excellence of its products, Opposer has built extensive
`
`goodwill in its BEYOND MEAT trademark and BEYOND family of marks and has created, in
`
`the minds of the general public, an exclusive association between the BEYOND MEAT
`
`trademark and BEYOND family of marks and Opposer’s goods.
`
`20.
`
`Opposer has priority over Applicant’s application as Opposer has made actual use
`
`of the trademark BEYOND MEAT since at least as early as May 2012, which predates
`
`Applicant’s filing date of August 13, 2020. Indeed, nearly all of Applicant’s claimed use in
`
`commerce dates are earlier than Applicant’s filing date. Furthermore, each of Opposer’s
`
`trademark registrations for the BEYOND family of marks were filed prior to Applicant’s filing
`
`date of August 13, 2020, and Opposer also has priority over Applicant’s application on that
`
`basis.
`
`21.
`
`The designation proposed for registration by Applicant, namely, EAT BEYOND,
`
`is likely to be confused with Opposer’s trademark, BEYOND MEAT, and the BEYOND family
`
`of marks because Applicant’s designation and Opposer’s trademark and trademark application
`
`are highly similar in appearance, sound, meaning, and overall commercial impression.
`
`22. Moreover, Applicant seeks to register EAT BEYOND in connection with services
`
`that are related to the goods of Opposer, and such use so nearly resembles Opposer’s use as to be
`
`likely to cause confusion, to cause mistake or to deceive consumers as to the origin, sponsorship
`
`and approval of Applicant’s products and services within the meaning of 15 U.S.C. § 1052(d).
`
`23.
`
`Applicant’s services provided in connection with the EAT BEYOND designation
`
`will likely be offered to consumers familiar with Opposer’s goods and Opposer’s BEYOND
`
`MEAT trademark and BEYOND family of marks, thus causing such consumers and the trade to
`
`wrongly associate Applicant’s services with Opposer’s goods, and causing the purchasing public
`
`to assume that services offered under the designation EAT BEYOND emanate from, or are
`
`5
`
`

`

`approved, licensed, or sponsored by Opposer, have the same source as Opposer’s products, or
`
`that Applicant is affiliated with Opposer.
`
`24.
`
`If Applicant is permitted to use and register the EAT BEYOND designation for its
`
`services as specified in the opposed application, confusion in trade resulting in damage and
`
`injury to Opposer would be caused and would result by reason of the fact that Applicant’s
`
`designation is confusingly similar to Opposer’s registered trademarks. Persons familiar with
`
`Opposer’s BEYOND MEAT mark and the BEYOND family of marks would be likely to
`
`purchase Applicant’s EAT BEYOND services as services offered and provided by Opposer.
`
`Indeed, any defect, objection, or fault found with Applicant’s services marketed under the EAT
`
`BEYOND designation would be likely to reflect upon and seriously injure the reputation that
`
`Opposer has established for the high quality goods expected by consumers and offered under its
`
`BEYOND MEAT mark and the BEYOND family of marks.
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`25.
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`If Applicant is granted the registration herein opposed, such registration would be
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`a source of damage and injury to Opposer.
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`WHEREFORE, Opposer prays that the opposition be sustained, and that the application
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`be refused for registration.
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`Dated: July 23, 2021
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`Respectfully submitted,
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`ORRICK, HERRINGTON & SUTCLIFFE LLP
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`By:
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`/Kristin S. Cornuelle/
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`Kristin S. Cornuelle
`Betsy W. Lee
`Bela Karmel
`Orrick, Herrington & Sutcliffe LLP
`Attorneys for Beyond Meat, Inc.
`2050 Main Street, Suite 1100
`Irvine, California 92614
`kcornuelle@orrick.com
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`6
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`

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