To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`The Bison Council LLC (trademark@millernash.com)
`
`U.S. TRADEMARK APPLICATION NO. 86026521 - MEET THE BETTER MEAT - 235970-2100
`
`12/15/2014 11:29:59 AM
`
`ECOM112@USPTO.GOV
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`Attachment - 4
`Attachment - 5
`Attachment - 6
`Attachment - 7
`Attachment - 8
`Attachment - 9
`Attachment - 10
`Attachment - 11
`Attachment - 12
`Attachment - 13
`Attachment - 14
`Attachment - 15
`Attachment - 16
`Attachment - 17
`Attachment - 18
`Attachment - 19
`Attachment - 20
`Attachment - 21
`Attachment - 22
`Attachment - 23
`Attachment - 24
`Attachment - 25
`Attachment - 26
`Attachment - 27
`Attachment - 28
`Attachment - 29
`Attachment - 30
`Attachment - 31
`Attachment - 32
`Attachment - 33
`Attachment - 34
`Attachment - 35
`Attachment - 36
`Attachment - 37
`Attachment - 38
`Attachment - 39
`Attachment - 40
`Attachment - 41
`Attachment - 42
`Attachment - 43
`Attachment - 44
`
`

`

`Attachment - 45
`Attachment - 46
`Attachment - 47
`Attachment - 48
`Attachment - 49
`Attachment - 50
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`Attachment - 67
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`Attachment - 69
`Attachment - 70
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`(cid:160) (cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160) (cid:160) (cid:160)
`(cid:160)(cid:160)(cid:160)
`
`(cid:160) (cid:160)(cid:160)
`CORRESPONDENT’S REFERENCE/DOCKET NO :(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`CORRESPONDENT E-MAIL ADDRESS:(cid:160)(cid:160)(cid:160)
`
`(cid:160) 235970-2100
`
`trademark@millernash.com
`
`*86026521*
`
`CLICK HERE TO RESPOND TO THIS LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`U.S. APPLICATION SERIAL NO. (cid:160) 86026521
`
`(cid:160)M
`
`ARK: MEET THE BETTER MEAT
`
`CORRESPONDENT ADDRESS:
`(cid:160)(cid:160)
`(cid:160)(cid:160) (cid:160) (cid:160) ERICH W. MERRILL, JR.
`(cid:160)(cid:160)
`(cid:160)(cid:160) (cid:160) (cid:160) MILLER NASH LLP
`(cid:160) (cid:160) (cid:160)(cid:160)(cid:160)(cid:160) 111 SW 5TH AVE STE 3400
`(cid:160) (cid:160) (cid:160)(cid:160) (cid:160) (cid:160) PORTLAND, OR 97204-3614
`(cid:160)(cid:160)(cid:160)(cid:160)
`APPLICANT: The Bison Council LLC
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
`
`(cid:160)I
`
`SSUE/MAILING DATE: 12/15/2014
`
`(cid:160)
`(cid:160)
`(cid:160)
`(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160)
`(cid:160)
`

`

`(cid:160)(cid:160)(cid:160)
`
`On April 22, 2014, action on this application was suspended pending the disposition of Application Serial No. 85919179.(cid:160) The referenced
`application has matured into a registration.(cid:160) Therefore, registration is refused as follows.
`
`LIKELIHOOD OF CONFUSION
`
`(cid:160)R
`
`egistration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 4523284.(cid:160) Trademark
`Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.(cid:160) See the enclosed registration.
`
`(cid:160)F
`
`or the reasons discussed below, the examining attorney concludes that confusion as to the source of goods is likely between the applicant’s
`mark MEET THE BETTER MEAT for “educational services, namely, conducting and presenting on-line exhibitions and displays and interactive
`exhibits in the field of bison meat” and the registrant’s mark MEET THE REAL MEAT for “Meat, fish, poultry and game.”
`
`(cid:160)T
`
`rademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely a potential consumer
`would be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant.(cid:160) See 15 U.S.C. §1052(d).(cid:160)
`A determination of likelihood of confusion under Section 2(d) is made on a case-by case basis and the factors set forth in In re E. I. du Pont de
`Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973) aid in this determination.(cid:160) Citigroup Inc. v. Capital City Bank Grp., Inc., 637
`F.3d 1344, 1349, 98 USPQ2d 1253, 1256 (Fed. Cir. 2011) (citing On-Line Careline, Inc. v. Am. Online, Inc., 229 F.3d 1080, 1085, 56 USPQ2d
`1471, 1474 (Fed. Cir. 2000)).(cid:160) Not all the du Pont factors, however, are necessarily relevant or of equal weight, and any one of the factors may
`control in a given case, depending upon the evidence of record.(cid:160) Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d at 1355, 98 USPQ2d at
`1260; In re Majestic Distilling Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont de Nemours & Co., 476
`F.2d at 1361-62, 177 USPQ at 567.
`
`(cid:160)I
`
`n this case, the following factors are the most relevant:(cid:160) similarity of the marks, similarity and nature of the goods and/or services, and
`similarity of the trade channels of the goods and/or services.(cid:160) See In re Viterra Inc., 671 F.3d 1358, 1361-62, 101 USPQ2d 1905, 1908 (Fed. Cir.
`2012); In re Dakin’s Miniatures Inc. , 59 USPQ2d 1593, 1595-96 (TTAB 1999); TMEP §§1207.01 et seq.
`
`(cid:160)I
`
`n any likelihood of confusion determination, two key considerations are similarity of the marks and similarity or relatedness of the goods and/or
`services.(cid:160) Syndicat Des Proprietaires Viticulteurs De Chateauneuf-Du-Pape v. Pasquier DesVignes, 107 USPQ2d 1930, 1938 (TTAB 2013)
`(citing Federated Foods, Inc. v. Fort Howard Paper Co., 544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976)); In re Iolo Techs., LLC, 95
`USPQ2d 1498, 1499 (TTAB 2010); see TMEP §1207.01.(cid:160) That is, the marks are compared in their entireties for similarities in appearance,
`sound, connotation, and commercial impression.(cid:160) In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting In
`re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973)); TMEP §1207.01(b)-(b)(v).(cid:160) Additionally, the
`goods and/or services are compared to determine whether they are similar or commercially related or travel in the same trade channels.(cid:160) See
`Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v.
`Kappa Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §1207.01, (a)(vi).
`
`(cid:160)M
`
`arks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.(cid:160) Stone Lion Capital
`Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve
`Clicquot Ponsardin Maison Fondee En 1772, 396 F. 3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v).(cid:160)
`“Similarity in any one of these elements may be sufficient to find the marks confusingly similar.” (cid:160) In re Davia, 110 USPQ2d 1810, 1812 (TTAB
`2014) (citing In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); In re 1st USA Realty Prof’ls , Inc., 84 USPQ2d 1581, 1586 (TTAB
`2007)); TMEP §1207.01(b).
`
`(cid:160)T
`
`he marks are highly similar, namely, MEET THE BETTER MEAT and MEET THE REAL MEAT.(cid:160) The only difference between the marks is
`the substitution of the wording BETTER in the applicant’s mark for the term REAL in the registrant’s mark.
`
`(cid:160)C
`
`onsumers are generally more inclined to focus on the first word, prefix, or syllable in any trademark or service mark.(cid:160) See Palm Bay Imps., Inc.
`v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F. 3d 1369, 1372, 73 USPQ2d 1689, 1692 (Fed. Cir. 2005); Presto Prods., Inc. v.
`Nice-Pak Prods., Inc., 9 USPQ2d 1895, 1897 (TTAB 1988) (“it is often the first part of a mark which is most likely to be impressed upon the
`mind of a purchaser and remembered” when making purchasing decisions). The first two words are identical and the fourth term is identical.(cid:160)
`The only difference is in the third term of each of the marks.(cid:160) The use of the term BETTER in the applicant’s mark instead of the term REAL is
`not sufficient to obviate the likelihood of confusion.(cid:160) The marks are highly similar and create the same commercial impression.
`
`(cid:160)T
`
`he goods and/or services of the parties need not be identical or even competitive to find a likelihood of confusion.(cid:160) See On-line Careline Inc. v.
`Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d
`1894, 1898 (Fed. Cir. 2000) (“[E] ven if the goods in question are different from, and thus not related to, one another in kind, the same goods
`can be related in the mind of the consuming public as to the origin of the goods.”); TMEP §1207.01(a)( i).(cid:160)
`
`(cid:160)(cid:160)
`

`

`(cid:160)T
`
`he respective goods and/or services need only be “related in some manner and/or if the circumstances surrounding their marketing [be] such
`that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.” (cid:160) Coach Servs., Inc. v. Triumph
`Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724
`(TTAB 2007)); TMEP §1207.01(a)(i).
`
`(cid:160)T
`
`he goods and services of the parties are related and are likely to be marketed within the same trade channels.(cid:160) The goods and services of both
`parties are likely to be displayed in close proximity in various stores and retail establishments.(cid:160) Specifically, the registrant’s goods are meat and
`the applicant’s services relate to a specific type of meat, namely, bison meat.(cid:160) Consumers are accustomed to encountering educational services
`that promote the purchase and consumption of meat and other food products.(cid:160) As demonstrated by the attached evidence, advertsing and
`educational campaigns such as The Other White Meat, Beef. It’s What’s for Dinner, and Got Milk? are just a couple food ad campaigns that are
`widely recognized for promoting food.(cid:160) Consumers encountering the applicant’s mark are likely to be confused and assume that the marks are
`emanating from a single source.
`
`(cid:160)T
`
`he marks are virtually identical.(cid:160) The goods and services are very highly related.(cid:160) The similarities among the marks and the goods and services
`are so great as to create a likelihood of confusion among consumers. The overriding concern is not only to prevent buyer confusion as to the
`source of the goods and/or services, but to protect the registrant from adverse commercial impact due to use of a similar mark by a newcomer.(cid:160)
`See In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687, 1690 (Fed. Cir. 1993).(cid:160) Therefore, any doubt regarding a likelihood of confusion
`determination is resolved in favor of the registrant.(cid:160) TMEP §1207.01(d)(i); see Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1265,
`62 USPQ2d 1001, 1003 (Fed. Cir. 2002); In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 464-65, 6 USPQ2d 1025, 1026 (Fed. Cir. 1988).
`
`(cid:160)A
`
`lthough applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in
`support of registration.
`
`If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.(cid:160) All relevant e-
`mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to
`this Office action and will not extend the deadline for filing a proper response.(cid:160) See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05.(cid:160) Further,
`although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office
`action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. (cid:160) See TMEP §§705.02, 709.06.
`
`(cid:160)(cid:160)(cid:160)(cid:160)
`
`/Sharon A. Meier/
`____________________________________
`Trademark Attorney, LO112
`571-272-9195 phone
`571-273-9112 fax
`sharon.meier1@uspto.gov
`
`(cid:160)T
`
`O RESPOND TO THIS LETTER: (cid:160) Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. (cid:160) Please wait 48-72 hours from the
`issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.(cid:160)
`For technical assistance with online forms, e-mail TEAS@uspto.gov.(cid:160) For questions about the Office action itself, please contact the assigned
`trademark examining attorney.(cid:160) E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
`this Office action by e-mail.
`
`(cid:160)A
`
`ll informal e-mail communications relevant to this application will be placed in the official application record.
`
`(cid:160)W
`
`HO MUST SIGN THE RESPONSE:(cid:160) It must be personally signed by an individual applicant or someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants).(cid:160) If an applicant is represented by an attorney, the attorney must sign the
`
`response.(cid:160)(cid:160)
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION: (cid:160) To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/. (cid:160) Please keep a copy of the TSDR status screen. (cid:160) If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. (cid:160) For more information on checking
`status, see http://www.uspto.gov/trademarks/process/status/.
`
`(cid:160)T
`
`O UPDATE CORRESPONDENCE/E-MAIL ADDRESS:(cid:160) Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
`
`(cid:160)(cid:160)
`(cid:160)
`

`

`(cid:160)
`

`

`Print: Dec 15, 2D14
`
`B59191:-"9
`
`DESIGN MARK
`
`Serial Number
`SSSISITS
`
`Status
`REGISTERED
`
`Word Mark
`MEET THE REAL MEAT
`
`Standard Character Mark
`Yes
`
`Registration Number
`4523234
`
`Date Registered
`2DI4xD4x2S
`
`Type ef Marl:
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[4]
`STANDARD CHARACTER MARK
`
`Owner
`Beck, Glen A INDIVIDUAL UNITED STATES 15845 North 29th Avenue, 547
`Phoenix ARIZONA 85053
`
`Goodsfserviees
`
`G & S: Meat. fish, poultry
`046.
`US
`IC 029.
`Claee Statue -- ACTIVE.
`and game. First Use: 20l3f11f29. First Use In Commerce: 20l3fllf29.
`
`Disclaimer statement
`No CLAIM IS MADE TC THE EXCLUSIVE RIGHT TC USE "MEAT" APART ERCM THE
`MARK AS SHOWN.
`
`Filing Date
`2DI3xD4x3D
`
`Examining Attorney
`ECSDICH, GEOFFREY
`
`

`

`

`

`Print: Dec 15, 2D14
`
`86026521
`
`DESIGN MARK
`
`Serial Number
`86026521
`
`Status
`SUSPENSION LETTER — MAILED
`
`Word Mark
`MEET THE EETTER MEAT
`
`Standard Character Mark
`Yes
`
`Type of Merit
`TRADEMARK; SERVICE MARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[4]
`STANDARD CHARACTER MARK
`
`Ovmer
`The Bison Council LLC LIMITED LIABILITY COMPANY DELAWARE #200—36O 9249
`
`S. Broadway Highlands Ranch COLORADO 80129
`
`Goodsiservices
`Class Status -- ACTIVE.
`
`Goodsfserviees
`Class Status -- ACTIVE.
`
`IC 029.
`
`US
`
`046.
`
`G & S: bison meat.
`
`IC 041.
`
`US
`
`lUU lUl
`
`lOT.
`
`G & S: educational
`
`services, namely, conducting and presenting on—line exhibitions and
`displays and interactive exhibits in the field of bison meat.
`
`Disclaimer Statement
`NO CLAIM IS MADE To THE EXCLUSIVE RIGHT To USE "MEAT" APART ERCM THE
`MARK AS SHOWN.
`
`Filing Date
`20l3fU8fOl
`
`Examining Attorney
`MEIER. SHARON
`
`Attorney of Record
`Erich W} Merrill, Jr.
`
`

`

`1\/[EET THE BETTER MEAT
`
`

`

`http.fr'eh.wi|<ipedia.0rofwikifPork. The Other White Meat
`
`12i'15i2014 10.35.59Al\-'1
`
` .3’;-
`
`WIKIPEDIA
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`
`_P0rk. The Other White Meat
`From Wikipedia, the free encyclopedia
`
`"Pork. The Other White Meat." was an advertising slogan developed by advertising agency Bozell, Jacobs,
`Kenyon & Eckhardt in 198? for the National Pork Board. The campaign was paid for using a checkofl fee (tax)
`
`collected from the initial sale of all pigs and pork products, including imports.ma"°” "Edam Despite this commercial
`branding, pork is not a white meat according to the United States Department of Agriculture.
`
`Contents
`
`1 Advertisements E
`l
`5 2 Results
`
`I 3 Replacement
`
`! 4 References
`
`: 5 External iinks
`
`ftttVertisen_1_ents m[e_dit]._
`The program's television ad campaign began on March 2, 198?, with a series of advertisements that pitched pork as
`a white meat alternative to chicken or turkey, offering entrees such as cordon bleu, kabotrs and pork :3 |‘orange. The
`$? million budget contrasted to the $30 million spent primarity on network teievision ads for the "Beef. It's What's for
`Dinner" campaign from the National Catt|emen's Beef Association, and the $112 million spent on ads for branded
`chickensm
`
`Print ads have encouraged consumers to rethink the way they prepare meals, including an ad written in the style of
`an obituary that depicts a woman who is mourning "the passing of her |ong—|ived tuna chow mein casserole recipe",
`
`which will be reptaced "by a new recipe for Orange Glazed Pork Tender|oin".[21
`
`During Super Bowl XXIX, Pork unveiled the "Taste What's Next" campaign, sat around a lot of restaurants serving
`port: by people including Emeril Lagasse.
`
`In the fall of 1998, Pork promoted "The Other White Sale“.
`
`The last campaign using the slogan, which was first used in 2008, was “The Other White Meat. Don't be blah.“
`
`

`

`http.ffeh.wi|»<ipedia.0rC]fwikifPOrk. The Other White Meat
`
`12f15(201410.35.59AM
`
`Results __(edit]_
`Willi a program promoting pork using the slogan as a lean meat to ltealllhconscious consumers, pork sales in the
`
`United States rose 20%, reaching $30 billion annually by 1991.13‘
`
`Data collected by the USDA's Economic Research Service showed that pork consumption following the introduction
`or the Board's promotion programs had risen from 45.6 pounds (20.1 Kg) per caprta in 198? and reaching a peak of
`
`49.3 pounds (22.4 kg} per person in 1999, dropping to 48.5 pounds (22.0 kg) in 2003. By contrast, beef
`
`consumption had declined from 69.5 pounds (315 kg) per American in 1987 to 62 pounds (28 kg) in 2003.'2]
`
`[edit]
`Replacement
`On March 4, 2011, the National Pork Board replaced the slogan with the slogan "Pork. Be ihspired.“l4]l5]
`
`References [edit]
`1. “ Daugherty, Philip H. "ADVERTES|NG,' Dressing Pork for Success" at, The New York Times, January 15, 193?. Accessed
`April 22, 2009.
`
`2. " “ " Levere, Jane L. “The Pork Industry's ‘Other White Meat’ Campaign Is Taken in New Directions'' @, The New Yonlr
`Times, March 4, 2005. Accessed April 22, 2009.
`3. “ Hail, Trish. "And This Little Piggy Is Now on the Menu" re, The New York Times, November 13, 1991. Accessed April 22,
`2009.
`
`4. “ "Pork board swaps ‘White Meat’ for ‘Be Inspired’ "a. Associated Press. March 4, 2011. Retrieved March 8, 2011.
`5. “ "New brand introduction a." porKber'nspr'red.com (National Pork Board). Retrieved March 3, 2011.
`
`External links [edit]
`. Campaign website heritage page@
`
`1 Categories: Advertising slogans
`
`This page was last modified on 31 July 2013 at 05:49.
`
`Text is available under the Creative Commons Attribution—ShaIeAlike License: additional terms may apply. By using this site, you agree to the
`Tenns of Use and Privacy Policy. Wilcipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non—profit organization.
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`wllmilenln
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`[*1 fi',;"d'-,§’,{'.'m
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`

`

`https.rTv\nr\nrv.d00Qle.c0mf?dvvs rd=ssl#q=cattlerrian+where%2Ts+the+beef+advertisind+campaion
`’l2r"l5f20’l4 10:43:46 AM
`
`
`
`WIKIPE DIA
`The Free Encyclopedia
`
`Navigation
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`
`National Cattlemen's Beef Association
`From Wikipedia, the free encyclopedia
`
`National Cattlemen's Beef Association or NCBA, an advocacy group for beef
`
`Featured CONE?“
`
`producers in the United States, reports that it works "to increase profit opportunities
`
`Create account Log in
`
`for cattle and beef producers by enhancing the business climate and building
`consumer demand."
`
`BEEF
`
`The NCBA operates the Catlte Industry Annual Convention & Trade Show and Cattle
`
`USA...,,
`Logo of the National
`5'
`Catt|emen‘s Beef
`Association.
`
`Interaction
`
`Industry Summer Conference.
`
`Contents
`1 Advertising campaign 2
`2 L9Ql5]3ti0n
`' 3 Financial background 2
`
`' 4 See also
`5 References
`' 6 Extemal iinks
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`Advertising campaign [edit]
`The NCBA is the group responsible for the ad campaign run in the US. using the slogan "Beef. It's What's for
`
`Dinner" Music from the ballet Rodeo by Aaron Copland is used in the radio and television commercials. On January
`21, 2008, Matthew McConaughey became the current spokesman of the organization, having taken over from Sam
`Elliott and the late Jim Davis and Robert Mitc hum.
`
`Legislation [_s_;_uit_]_
`The NCBA supported the Farmers Undertake Environmental Land Stewardship Act (HR. 311; 113th Congress), a
`bill that would require the Environmental Protection Agency {EPA} to modify the Spiil Prevention, Control, and
`
`Countermeasure {SPCC) rule, which regulates oil discharges into navigable waters and adjoining shorelines.” The
`rule requires certain farmers to develop an oil spill prevention plan that is certified by a professional engineer and
`
`may require them to make infrastructure changes.mAccording to supporters, this bill would "ease the burden placed
`on farmers and ranchers" by making it easier for smaller farms to self—certify and raising the level of storage capacity
`
`under which farms are exempted.” The NCBA's president said that they were "pteased“ that the "bill will keep many
`of our producers from having to undertake excess costs as a result of the EPA's overTegulation."[2]
`
`

`

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`’l2l"l5f20’l4 10:43:46 AM
`
`The NCBA supported the Water Rights Protection Act (H.R. 3139; 113th Congress), a bill that would prevent federal
`agencies fnorn requiring certain entities to relinquish their water rights to the United States in order to use public
`|ands.'3]['"
`
`1312299121.baCk5!I91}£1S1._.t??.iE!.
`The National Catttemen's Beet Association is funded partially by membership dues and partially through the Beef
`
`Checkoff which imposes a mandatory assessment each time a head of cattle is so|d[5] This tax, which was
`authorized by Congress in the Beef Promotion and Research Act of 1985, brings in around $85 million a year, of
`
`which the NCBA receives roughly $55 million.“ The constitutionality ot the mandatory assessment was called into
`question with the healing of the Supreme Court of the United States case Johanns v. Livestock Marketing Assn._m
`in which the justices ruled in favor of the tax in a 6-3 decision.
`
`See also [edit]
`. Got Milk?
`. Wise Use Movement
`
`References [edit]
`1. “ “ " "H.R. 311 - CBO“i§'. Congressional Budget Office. Retrieved 10 March 2014.
`2. “ “ " "Committee passes legislation to ease burden of SPCC program" @. High Plains Joumat. 23 December 2013.
`Retrieved 11 March 2014.
`
`3. “ "H.R 3189 - CBO"@. Congr&iona| Budget Office. Retrieved 11 March 2014.
`4. “ "Urge Congress to Support of the Water Rights Protection Act" Q. National Catt|emen's BeefAssoI:iafion. Relzieved
`12 March 2014.
`
`5. “ "1 Ail About The Beef Checkoft" @_ Weh.archive.org. 2007-09-28. Archived from the originate on 2007-09-28. Retrieved
`2010-12-14.
`
`6. “ "A Serious Beef with the National Cattlemen's Beef Association" If‘. Multinationalmonitororg. Retrieved 2010-12-14.
`7. “ "Johanns v. Livestock Marketing Association" @. 0yez.org. Retrieved 2010-12-14.
`
`EXt9m'é.1“i1‘1E§ .ts9.itl-..
`. Ofticial site @
`
`- Categories: American cattlemen
`
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`http.fr'ww'w.beefltswhatsfordinner.cornfnewsreleases.asp><?NewslD=2903
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`1315:2014 10.44.27 AM
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`
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`HEALTH
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`Stow Ideas —
`Monthly
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`View Archives
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`012
`2011
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`Date: 4/23/2013
`
`Title: New "Beef. It’s What's For Dinner." Advertising Asks
`"What's Your Dinner Made Of?"
`
`Thought Provoking Campaign Sizzles with New Voice
`
`Centennial, Co|o., April 23, 2013 — The new "Beef. It's what's For Dinner." consumer advertising campaign is
`premiering this month, bringing the recognizable tagline to older millennials and Gen—Xers. The new campaign,
`funded by the beef checkoff, will feature sizzling beef recipes, juicy details about essential nutrients and the
`voice of one of Hollywood's most promising new talents.
`
`"This campaign builds upon the core benefits that only beef offers -— its great taste and 10 essential nutrients.
`While most folks just look at beef for its sizzle or great flavor, it's made up of more than that. Its nutrients are
`what make it the most powerful protein and what makes beef above all else," said Michele Murray, consumer
`marketing executive director, for the National Catt|emen's Beef Association, which contracts to manage
`advertising for the beef checkotf. "It doesn't hurt that the voice delivering the message on the other side of the
`radio epitomizes health and sizzle too."
`
`New Voice for a New Target
`The new "Above All Else" campaign aims to reach the next generation of beef eaters — the older millennial and
`Gen—)(er, aged 25 to 44 —who care about food and nutrition.
`
`While keeping many brand mainstays, such as Aaron Copeland’s "Rodeo" music, the new beef campaign will
`switch up the voice behind the famous words, "Beef. It's What's For Dinner." Sparking a new interest for the
`older millennial and Gen X tarm=It_ Garrett Herll:1nrl‘s voice will take a starrinn role in the camnainn's radio
`
`

`

`http.fr'w'u\rw.beefitswhatsfordinner.Cornfnewsreleases.asp><?News|D=2903
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`12f15f2014 10.44.27 AM
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`older mnlennral and Gen x target, Garrett He(]lunG‘S VOICE will take a starring role in the campaign's radio
`spots. Garrett personally represents healthful living, and his strong, warm voice is perfect for provoking new
`understanding about beef. "I'm proud to represent America's farmers and ranchers," noted Hedlund. "I grew
`up on my father's cattle operation, so I'm right at home as the new voice of beef."
`
`Born in Roseau, Minn., Garrett spent his early years on a cattle operation. He was just 18 when he landed a
`role in the epic film Troy (2004) playing opposite Brad Pitt. Following his debut in Troy, Garrett went on to
`Friday Night Lights (2004) and Tron Legacy (2010). His latest roles include Country Strong (2011), in which he
`plays a rising young country star opposite Gwyneth Paltrow, as well as On the Road, in theaters now.
`
`What's Your Dinner Made Of?
`That's the question each "Beef. It's What's For Dinner" print advertisements asks. It’s answered with bold copy
`highlighting the nutritional benefits of beef along with tantalizing food photography reminding the consumer
`that delicious can, and does go right alongside nutritious. Each advertisement calls out an individual essential
`nutrient, like protein: "The Strip steak has lots of protein...and your appetite's attention." Another ad reminds
`you that a dinner with beef "has iron. The most lean, delicious and tender iron known to man."
`
`The print advertisements will appear in monthly national magazines with an emphasis on food, health/fitness,
`parenting, lifestyle and men's sports. In addition to traditional print placements, the campaign will appear
`across a wide range of digital platforms, such as tablets, online radio stations (e_g_, Pandora), video websites
`(e.g., Hulu), social networking sites (e.g., Facebook) and popular recipe websites (e.g., A|lRecipes.com). State
`Beef Councils will extend the campaign through print, radio, digital, in—person promotions, sporting events,
`outdoor advertising and more. Public relations, health professional outreach, social media and other
`promotional efforts round out this integrated effort.
`
`For delicious trip|e—tested beef recipes, nutrition information and to learn more about the "Beef. It's What's For
`Dinner." advertising campaign, please visit BeefItsWhatsForDinner.com.
`
`# if #
`The Beef Clleckoff Program (www.MyBeelClIeckoff.cum) was established as pail. of the 1985 Farm Bill.
`
`The checkoff assesses $1 per head on the sale of live domestic and imported cattle, in addition to a
`comparable assessment on imported beef and beef products. States retain up to 50 cents on the dollar and
`forward the other 50 cents per head to the Cattlemen's Beef Promotion and Research Board, which administers
`the national checkoff program, subject to USDA approval.
`
`BEEF
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`the Heel illsauicnfl.
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`Fundafl By
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`

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`Date: Monday, June 23, 2014
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`heard: “Hey! What's fordinner?" And in the minds of the many
`consumers hearing that question, a dominant answer has been
`planted: Beef. It's what’: for dinner.
`
`iinpoilaiit_ is it still ielevaiit iii this digital age?
`
`Not just planted, in fact. Watered, nourished and cared for oiier the
`past two decades, the beef chei:kofi—developed phrase is an example
`of highly successful promotion that is the envy of most major
`companies.
`
`can HS true benefit 10 DIWUCEIS be quantified? And maybe more
`
`zit.‘ ll'lJ:JA|Mf'l
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`Pllllll LFFES.
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`
`
`‘1t‘s invaluable," according to Jim Boudreau, who was account director
`in charge of the “Beef. its Whats For Dinner." efiort for the campaign-
`creating Leo Burnett agency from 1996-2002. "ln the food category, its one of the most successful
`taglines. ever "
`
`BEEF. ITSWHAT3 FHHDHINEH
`
`The reason for the success is sinple, Boudreau says, but hard to duplicate. The beef tagline is
`“declarative, American,” he says. “it resonates with everyone, whether they're in their 20s or in their 705.
`
`“We wanted 10 OWI1 H131 meal,“ he SHYS. "The tagline, combined With the other campaign elements, helped
`accomplish that."
`
`it wasn't just an advenising campaign, says Mary Adolf, who was vice president of promotion at the
`National Live Stock and Meat Board at the tine. It was integrated acrossjust about every facet of the
`industry's manceting program. "That really helped propel it forward very quickly,” Adolf says.
`
`
`
`The campaign had followed another successful campaign, "Beef. Real Food for
`Real People", which um celebrities to gain attention and had been created
`by a dilTerent agency. In the early 1990s, though, the industry was going
`through a huge transformation, modeniizing meat cases, creating con