Publicity Archive

The following is a snapshot of the first decade (Aug01-Sep11) of publicity that included EATRIGHT® and/or Eat Right Foods Ltd. They are public domain publications, however, some maybe "hard-to-find" (ref: 2:13-cv-02174-RSM dkt 32-5 p4). And, although "of minimal probative value in this [3:13-cv-06032]…unduly burdensome and of minimal or no probative value [2:13-cv-02174-RSM]", "[publicity] in one country do[es] NOT necessarily limit their impact [in another] country” (ref: Def's First DSCY to PL Interrogatory No.10; 2:13-cv-02174-RSM dkt 9) and "probative" [x9] (ref: USPTO TTAB 91202219 dkt 74 ln 21,25 p14, ln 12 p15, ln 4 p 28, p40, p49, p57, p62) [emphasis added]. For more detail and/or copies, please CONTACT > EATRIGHT®.

Organic Awareness | Waikato This Week (pub. 30Aug01)
True Food [GE Free] Guide | Greenpeace NZ (pub. 4Mar02)
NZ Therapeutic Database listing (pub. 4Mar02 onwards)
[25Jun14 p266:3 (ref: 2:13-cv-02174-RSM) Auckland Hospital for NZ Ministry of Health]
Allergy Today | Issue 99 (pub. Summer 2001-02 p14)
New on the Shelves | Coeliac Link (pub. Summer 2001 p21)
Organic Goods & Services Directory | OrganicNZ (pub Jan/Feb 02)
Allergy Friendly Business | Allergy Today | by Maria Lempriere (pub. '02 p16)
Allergy Awareness Week | Allergy Today | by Catherine Beyer (pub. 2002 p22)
Grants for Private Sector Research and Development (GPSRD) by FRST (pub. 27Feb02 et al)
Coeliac Awareness Week | The Nelson Mail (pub. 19Mar02 p6)
Treats for those who must eat right | The Press and INL (pub. 2May02 p20 and weblink)
Nut Corners at the Tuck Shop | Organic for Life | Newspaper (pub. date n/a)
AGM thank you | Coeliac Link (pub. Winter 2002)
Take a Bite | Food Snippets | Healthy Options Magazine | by Karin de la Rey (pub. Jun02 p11)
True Food [GE Free] Guide | Greenpeace NZ | 3rd edition (pub. Autumn 2002)
Nelson firm gets grant | Briefly Nelson | The Nelson Mail (pub. 18Jul02 p3)
Holistic Business | Her Business (pub. 2002 p30-32)
Sweet Alternative | Joy of Food | Next Magazine (pub. 2002 152-155)
Product Profiles | Allergy Today (pub. Oct02 p34)
How to eat right and live better | The Nelson Mail (pub. 15Oct02 p8)
“first Bio-Gro certified organic cookie maker” | The Nelson Mail (pub. 30Nov02)
Free Gift for first 200 new subscribers | Organic NZ (pub. 2003)
It’s easy to Eat Right | Organic NZ (pub. January/February 2003 p48-49)
First ‘worry free’ cookie maker | FoodSnippets | Healthy Options Magazine (pub. Feb03 p13)
Exciting News from ‘Worry Free’ Cookie Maker | Short&Sweet | Rainbow News (pub. 2003)
Filling an obvious gap | FMCG Magazine | by Natalia Le Bas (pub. Feb03 p20-21)
Small Nelson based Organics company hits on right formula | Grocers’ Review (pub. Feb03 p36)
Beaut bikkies | The Nelson Mail | by Barbara Dunn (pub. 18Feb03 p1,p9)
Export market comes to organic food company | The Nelson Mail | by Karen Clark (pub. 15Apr03 p3)
Snacking takes over treats in Europe … and [“vending…Auckland University…UNITEC”] in New Zealand | News (pub. 2003)
Cookies bite off a chunk of health market | BusinessDay | The Dominion Post (pub. 26Apr03 pC1)
Appetisers | C Food | The Press (pub. 24Apr03)
Eating Right | trendspotter | Unlimited Magazine | by Fiona Rotherham (pub. May03 p31)
Eating Right | Café Magazine (pub. Autumn 2003 p24)
Organics alive and well in Nelson | The Nelson Mail (pub. 26May03 p15)
Aussies clamour for our cookies | The Leader (pub. 18Sep03 p1)
Speaking Event | Nelson Branch | NZIFST (pub. 19Jun03)
New Feedback Giveaway | Favourite Feedback | Healthy Options Magazine (pub. Jul03 p7,8)
Small Bites | 5. Eat Right cookies, cakes and health bars | NZ House & Garden Magazine (pub. Jul03? p166)
New opportunities for cakes and cookies | F&G Magazine (pub. 2003)
Development News Briefs | Prosperity21 | NCC Issue 101 (pub. Jul03)
Singapore eating right | Organic NZ (pub. July/August 2003 p15)
S&H National Conference | Organic NZ | by Jannette Busch (pub. July/August 2003 p42)
Eat Right launches new cookie | Business Banter | Commerce Comment (pub. August 2003 p3)
New Zealand organic cookie is flavour of the month in Australia | Market New Zealand (pub 8Aug03)
eat right in Singapore | OurPeopleOurPlaces | Healthy Options Magazine (pub. Sep03 p28)
Guilt and worry free cakes and cookies !!! | Buyers Guide / iShopper (pub. 2003 p123)
Organic news in brief | The Nelson Mail | by Gail Tresidder (pub. 2003 page n/a)
NZ House & Garden (pub. 2003 page and exact date n/a)
Speaker | Oliver growers cluster meeting (pub. 3Nov03)
NZ Allergy Foods Leading the World | News & Media |FRST | (pub. 19Dec03)
Boutique Businesses | Contraband | New Zealand Customs Service (pub. Dec03 p17)
Eat Right – worry-free food that tastes just great! | Commerce Comment (pub. Jun03 p9)
allergy sensitive cookie | healing foods – a to z | Healthy Options Magazine | by Karin de la Ray (pub. Feb04 p27)
Speaking engagement | YES E-Day | Enterprise New Zealand Trust (pub. 12Mar04)
New on the Shelves | Coeliac Link (pub. Autumn 2004 p12)
Update…Eat Right web pages | SnippetsOnFood | Healthy Options Magazine (pub. May04 p46)
Europe promises good times for organic exports | Organic NZ (pub. May/June 2004 p44)
Delicious food options for those with allergies | AgTrader Mail Order Catalog (pub.2004 p23)
Is your food making you sick?...eat safely | NZ Women’s Weekly by Ms. Gray (pub. 14Jun04 p27)
Green zone (GE-Free) Biscuits | Giant Experiment (pub. 2Sep04)
The best Ginger Cookie | The Taste (pub. Jun04)
Busy times | Healthy Options Magazine (pub. August 2004 p19)
Food news | The Nelson Mail | by Gail Tresidder (pub. 4Dec04 p23)
Westy’s right diet | Subaru New Zealand News | (pub. 6Dec04)
Why NZ’s Rally Champion Needs to Eat Right | The Art of Healing (pub. Autumn05 p27)
Taste of Success [ranks 2nd] | The National Business Review (pub. 29Apr05 p44)
Biscuit maker excites judges | The Nelson Mail (pub. 7May05 p4)
Second best? | Small Bites | The Nelson Mail (pub. 12May05)
The Outside Table: Food [bench photo] | Bishop Suter Art Gallery | by Véronique Cornille (pub. 2005 p8)
[book design: Jo Williams, Nimbus Advertising]
Editor’s letter win an EatRight Cookie giftpack | Healthy Food Guide (pub. 2005 p6)
eat the right foods | Snippets of Interest | Healthy Options Magazine by Kari de la Rey (pub. May05 p33)
brief business | Business Vitality | Nelson Tasman Chamber of Commerce Nelson (pub. 2005 p5)
Taste Test | LivingNow | (pub. Jun05 p66)
Low everything biscuits | The West Australia Fresh | by Margaret Johnson (pub. 7Jul05 p5)
Clever cookie | Food | The Press | (pub. 14Jul05)
BioNews talked with Eat Right Foods…recent ‘surprise’ | BioGro New Zealand | (pub. Jul05 p8-9)
a healthy mouthful | HealingFoods – a to z | by Karin de la Rey | Healthy Options Magazine (pub. Aug05 p41)
Shopping news | bubbles of new stuff | publication n/a (pub. 2005)
Eat Right cookies | Cruelty-Free Product Reviews | SAFE magazine (pub. 2005 p38)
Organic News | The Nelson Mail (pub. 3Sep05 p16)
Break thru low sugar cookie | Biscuit Business (pub. 22Sep05)
Small Bites Goodies for gourmets | NZ House & Garden | by Sally Butters (pub. 2005 p197)
A Special Interview with Rebecca Douglas of Eat Right Foods Ltd | Biscuit Business (pub. 30Sep05)
Extra-Special Cookies | Shopping day | What’s Hot in Store | Women’s Day (pub. 2005 p130)
Win cookies! | Urban Organics Notice Board | Organic NZ (pub. Nov/Dec05 p42)
Eatright’s Choc-holics Cookie | Taste | Café magazine (pub. p39)
Licensees’ Product Promotion | OCNZ…IFOAM conference, Adelaide, Australia (pub. 2005 p2)
Shop Here | New Zealand Food and Drink | (pub. 20Dec05)
Guilt-Free Cookie | Shopping Day | What’s Hot in Store | Women’s Day (pub. 2005)
Viva the choc-holic revolution | New Zealand Now | NZTE | Issue 01 (pub. Jan06)
Sweet Success : First Cookies To Be Tick-Approved | NewsWire (pub. 8Mar06)
FreeBie Cookie Gets The Tick | Lifestyles: Food & Drink | XtraMSN (pub. 13Mar06)
Healthy first for Nelson cookie | The Nelson Mail (pub. 14Mar06 p1,3)
C s for cookie | Small Bites | The Press | by Vicki Anderson (pub. 2006)
Sweet Biscuits | Pick the Tick | The Tick Shopping List | Heart Foundation Tick Program (pub 31Mar06)
At Last! A guilt-Free Cookie | Shopping Day | ACP Media (pub. 2006)
On the shelf | Nutrition Notebook | SHE Magazine (pub. 2006 p116)
Treat Right | Spotlight | Healthy Food Guide | (pub. May06 p8)
I only look naughty! | News | Allergy Today Spring | (pub. 2006 p5)
Recycled fashions Ecofest hit | The Nelson Mail | by Beth Catley (pub. 2006 &p11)
5 hoorays | bits&bytes | Healthy Options Magazine (pub. Sep06 p15)
Recipe for business success | Profile | NZ Business (pub. Sep06 p45)
Notice of Motion | House of NZ Representatives (pub. 13Sep06)
Eat Right Recycled Fashion | Rainbow News (pub. October/November 2006 p9)
Yummy Arts | Healthy Options Magazine (pub. October 06 p16)
Let them eat cake | specific publication n/a | (pub. 2006 p5)
Huge cookie deal made | The Leader | by Phil Barnes (pub. 30Nov06, p1)
Selling Cookies to the King of Cookies | HER Business | (pub. Feb07 p90)
Grants to help exporters | The Nelson Mail (pub. 17Mar07)
Exporting Essentials for Entrepreneurs | Export Year 07 | NZTE VAN Seminar (pub. 2007)
Allergy Foods lead the world | New Zealand Trade & Enterprise | (pub. 15Jun07)
Speaker engagement | Aspire 07 | Nelson Tasman Chamber of Commerce (pub. 25Jul07)
Healthy Choices | Agribusiness | Canterbury & Southern Today (pub. Jul/Aug07 p57)
Matt fronts TV show about Richmond business | The Leader | by Nigel Costley (pub. 26Jul07 p1)
Matt fronts TV business show | The [Nelson City] Leader | by Nigel Costley (pub. 2Aug07 p26)
‘Eatright’ – NZ Cookie Exporter | OneNews | TVNZ Ltd (pub. 9Aug07)
Allergy Foods lead the world | Food Technology (pub. Jun/Jul07)
Gourmet Growth | Bright | by Amanda Cropp (pub. Sep/Oct07 p36,40)
Doctor Gluten Project | New Zealand and Australia | “novel idea…point of difference; …good engineering" (15Sep07…11Jun08)
Tennille "pockets" photo | Great Gluten Debate - Gluten Syndrome | "tissue damage" & "symptoms" (17Sep07)
[doctors only taking notice of "biopsies"; "happy to hand out" cookies at speaking events "LA, San Diego and Salt Lake City", Yale?, "UCLA"]
[ref: Def's 1st DSCY to PL RFA No. 11; 2:13-cv-02174-RSM]
Gluten Free Food & Allergy | Brisbane [Gold Coast], Australia exhibitor list | (pub. 15Nov07)
BioFach 2008 et al | BioGro New Zealand exhibit (pub. 2008)
Highly Commended 273 | Pride in Print | Awards Annual (pub. 2008 p41)
Pair conquering ignorance | The Nelson Mail | by Tom Hunt (pub. Jun08)
Flying Solo | Zest | The Press | by Kate Fraser (pub. 21Aug08)
AGM Report | Coeliac Link | (pub. Spring 2008 p8)
GE Free Food Guide 6th edition | Greenpeace (pub. 18Sep08)
NZ Wellness Tourism Symposium | Nelson (pub. 18-19Sep08)
Eat/Shop | Organic Explorer (pub. 2008 p188)
Cookie time | Products | Organic NZ (pub. Sep/Oct08 p54)
A Healthy Business | Food Heroes | NZ Life & Leisure |by Kate Coughlan (pub. Oct08 p107,p117-120)
[c/- bottom of p120 advert for Kikkoman c/- Kikkoman (ref: 2:13-cv-02174-RSM dkt 27-10 [plus demo fees] photo p3)
True Food ["actively avoid ingredients from GE crops"] Guide | Greenpeace Australia Pacific | 2009 ed. (pub. Nov08)
track down some Eat Right…Fiona Miller, Berkeley | Letters Online | NZ Life and Leisure (pub. Dec08)
Business Development Opportunities | Venture Accelerator Network | (pub. Jan09 p47)
When the bank’s money doesn’t go far enough | The Independent | by Helen Hayes (pub. Apr09)
Go cracking | healthbits&bytes | Healthy Options Magazine (pub. May09 p18)
Interview with Crimpy | Radio Network (pub. 27May09 at 11.45am)
Celiac Disease and Gluten-Free Forum (pub. 19Sep09)
Cracker photo [w/o brand credit] | Eating In | Healthy Food Guide (pub. Nov09 p70)
Cracker photo [w/o brand credit] | Eating In | ISBN 978-0-9864513-2-4 (pub. '09 p15; now "ARE Media Pty Ltd")
Appetite | Homestyle Magazine (pub. Jan10)
Thanks! | Feedback | Healthy Options Magazine (pub. Mar10)
How to visit EatRight Foods in New Zealand | Organic Living TV (pub. 1Jun10)
“…every bit” | Life in New Zealand | Listener (pub. 24Jul10)
Gluten Free Biscuit Review Eatright Yogi Cookie | GlutenFreeKiwi (pub. 20Aug10)
Product photo Time for coffee? | Waimea Weekly (pub. 4Aug10)
Choc-holics cookie tub in hand photo | Family Health Crisis | New Idea (pub. 2010 p94)
EATRIGHT Exciting SlowDried | FoodNews (pub. 4Sep10)
Listing request | Celiac Sprue Association (pub. 7Sep10)
Businesses spread the Nelson sunshine south | The Nelson Mail by Alice Cowdrey (pub. 10Sep10)
Tasman residents, businesses rally to help | This Week (pub. 15Sep10 p8)
Food / escape | Sunday Star Times by Toni Lambert (pub. 3Oct10 p15)
Food boundaries blurring | InfoNews | (pub. 28Oct10)
Goods and services directory | Organic NZ (pub. Nov/Dec10 p7, 68)
Cookie could be best medicine | The Nelson Mail | by Sally Kidson (pub. 11Dec10, p11)
Development of the “medicinal food product” | InfoNews (pub. 13Jan11)
Development of the “medicinal food product” | FMCG (pub. 17Jan11)
Photo of product | Three red sticks holding up business | The Press by Tamlyn Stewart (pub. 16Mar11)
Business Directory listing | Raw New Zealand (pub. 7Mar11)
Eat Right Foods | New product digest | Scottsdale Examiner by Nicole Thomas (pub. 6Apr11)
US Expansion Opportunities for EATRIGHT® | InfoNews (pub. 13Apr11)
US Expansion Opportunities for EATRIGHT® | Business to Business (pub. 17May11)
Eat Right Foods introduces EATRIGHT products to more stores | NewHope 360 (pub. 17May11)
“VIP” EATRIGHT Products at WorldFest | InfoNews (pub. 26May11)
“VIP” EATRIGHT Products at WorldFest | Silobreaker (pub. 26May11)
“VIP” EATRIGHT Products at WorldFest | Indiatimes (pub. 27May11)
“VIP” EATRIGHT Products at WorldFest | Dallas Morning News (pub. 27May11)
“VIP” EATRIGHT Products at WorldFest | Australia Agricultural Technology | EIN News (27May11)
“VIP” EATRIGHT Products at WorldFest | Foodnews (pub. 26May11)
NZ Food and Drink Shopping Sites | ShopHere (pub. 9Jun11)
Company Innovation Continues | Nelson Regional Economic Development Agency (pub. Jul11)
Eat Right Foods | Feature | FMCG (pub. Jul11 p34)
How to live gluten free workshop | EcoFest (pub. 21Aug11)
Eat Right Foods Ltd | Hello Trade (pub. 1Sep11)
World Media Publicity for EATRIGHT® | InfoNews (pub. 7Sep11)
World Media Publicity for EATRIGHT® | Hotfrog (pub. 12Sep11)

NB. The ability to proof read and/or correct free publicity was not typically available.

Some of the publicity quotes included in the "A5 flyers". The A5 flyer pads part of EATRIGHT® in-WFM-store "demo" kits, foodshow handouts and, at certain times, included product shipments (ie in shipped cases and online orders).

Where "advertising is the price you pay for having an unremarkable product or service", "defensive, not offensive" and "P&G [386 U.S. 568 (1967)]" strategies (ref: Marketing Week by Mark Ritson (pub. 18Dec20)). "Advertising overpromises benefits [p81]…[WFMI] not very good at product innovation…need a strong, innovative supplier network [p112]…if suppliers are squeezed and bullied to give discounts [instore demo "take-overs" with added "fees"] beyond what they can financially absorb or believe to be fair, they may acquiesce [p115]" (ref: 2:13-cv-02174-RSM dkt 111-12 p5; dkt 9 [Rule 9], (redacted) "acquiescence" dkt 64-3 p11). With big tech "corporations manufactur[ing] and maintain[ing] scarcity" (ref: Promarket by Jen Howard pub. 9Jun25) using subscription lock-ins and ad-prey-dict-ability. However, an "offensive" TOOL is available…

Whole Foods Hit With Suit Over ‘Eat Right’ Trademarks | Law 360 | by Stephanie Russell-Kraft (pub. 5Dec13) [Case "3:13-cv-06032"]
Whole Foods Seeks To Boot ‘EatRight’ Trademark Suit | Law360 | by John Kennedy (pub. 6Mar15) [Case: "2:13-cv-02174"]
[2:13-cv-02174-RSM dkt 55-1 [id] 3.7(g)(ii)(F) "rights in discoveries"…[id] 9.7 "Assignment…subject to the preceding sentence[s]" (ref: 548 F.3d 1028 (2008); USPTO TTAB 91202219 dkt 97 footnote: [no] proof of service). And "A. Estoppel…obligated to disclose…failed to disclose" (ref: 3:13-cv-06032 dkt 35)]
Whole Foods Shuts Down ‘EatRight’ Trademark Suit | Law360 | by Bill Donahue (pub. 14May15)
Whole Foods Wants Atty Fees in ‘EatRight’ Trademark Suit | Law360 | by Dani Meyer (pub. 8Jul15)
Whole Foods Can’t Win Fees In ‘EatRight’ Trademark Suit | Law360 | by Vin Gurrieri (pub. 29Jul15)
Whole Foods Infringed TM, Health Food Co. Tells 9th Circ. | Law360 | by Bonnie Eslinger (pub. 4Dec17)
The Top Ten Trademark Decisions of 2017-2018 | by Timothy Sitzmann (p7-141-3 id J)
A Re-Examination of the Defense of Laches After 18 Years of the UDRP |CircleID | by Internet Commerce Association (pub. 15Jan18)
CircleID correction as footnote [4] (pub. 18Jan18) [UDRP (uniform domain name dispute resolution) c/- UPR (unified pricing rules)]
A Re-Examination of the Defense of Laches After 18 Years of the UDRP | CircleID | Interceder (pub. 18Jan18)
Laches, acquiescence findings over Whole Foods’ use | DailyReportingSuite | by Thomas Long (pub. 30Jan18)
Blow to Whole Foods as Ninth Circuit Reverses Win | WorkTrademark Review | by Adam Houldsworth (pub. 30Jan18)
9th Circuit revives ‘Eat Right’ trademark case against Whole Foods | Reuters | by Jan Wolfe (pub. 30Jan18)
#Court: Eat Right Foods’s trademark infringement case against its former customer | Legal.com | (pub. 30Jan18)
9th Cir. Reverses Whole Foods Win In ‘EatRight’ TM Row | Law360 | by RJ Vogt (pub. 30Jan18)
Whole Foods loses EatRight Foods Cookie Appeal | FindLaw | by George Khoury Esq (pub. 31Jan18)
Whole Foods Victory in Trademark Case Vacated on Appeal | Big Law Business | (pub. 31Jan18)
Ninth Circuit Finds That Disputed Material Facts… | Lexology | by Shayda Shahbazi (pub. 5Feb18)
[“appellate courts can and should forbid [collusive vacatur]…pricing out smaller competitors, hiding valuable information, or changing the law to make entry more difficult, anticompetitive acquiescence brings with it…entrenched corporate power” (ref: SSRN 5320353 pub. 20Jun25)]
To EatRight, It May Be Too Late | TheTMCA | by Bryan McGarry (pub. 15Feb18)
Judicial: Includes food labelling, CWA, urb & ag, and food safety issues | National Agricultural Law Center | (pub. 19Feb18)
Eat Right Foods Ltd v. Whole Foods Market | Opus IP | (pub. 13Apr18)
Ninth Circuit Vacates Summary Judgement… | IntaBulletin | Connie Limperis (pub. 15May18)
[US FTC gets sanctions against Amazon for withholding documents in 'dark patterns' case [2:23-cv-01495] (ref: MLex pub. 23Jun25)]

predictable (adj.) foreseeable, expectable, expected, likely, probable, liable, anticipated, sure, certain, unsurprising, unoriginal, banal, trite, obvious, stale, tired, hackneyed, conventional, boring, humdrum, knowable, inevitable, unavoidable, unpredictable (antonym) (ref: Thesaurus). Where various degrees of predict-ability and unpredict-ability in global crises (financial, COVID), earthquake "fault lines" (Canterbury, Christchurch, Kaikoura) [SSRN 3736613 table p45 Sales Platform Acquired Complement Whole Foods], volcanic eruption (Whakaari/White Island), mine explosion (Pike River), CD emergencies: cyclone-flooding (Nelson, Hawkes Bay).

archetype (ref: IPONZ RN 1238666 30May23 IC30, IC35), archetypal, archipelago, architrave [ARCH-, Gk pelagos sea, L trabs beam]

wondrous adj. [E, = portent (n. thing of grave significance, a prodigy [L prodigium]] (ref: OED ed4)

ONLINE SHOP Secure payment, 1-2 day delivery (NZ), no minimums, FREE shipping on orders over $49, satisfaction guarantee

Product Standards

Gut : Gluten Sensitive

No ADded Nasties

Freeze | Slow™Dried

Re Loved | Foodarmacy™

NEW Research | Material Treatment