dogsure liquid meal replacement for senior dogs

for use of the Board in deciding this proceeding; that fact 9. Another approach is to try changing the type of food youre feeding them or switching up what they eat throughout the day so that they get an even distribution of protein and carbs. You are the sole author of the content and owner of all intellectual property and other rights in the content; All "moral rights" that you may have in such content have been voluntarily waived by you; If you have a material connection to Chewy, that material connection is properly disclosed in the content in accordance with the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising; Use of the content you supply will not violate or infringe upon the rights of any third party or violate applicable law; and. The first way is to feed more calories. Does DogSure work? promoted as "SIMILAC NEOSURE. in 2006, the writer states: "CatSure and Dogsure are meant Opposer objects to the introduction of the e-mail 32. are closer in their overall similarities than in their 33. 61 Tennis Dec., p. 1 Ex. It is fortified with vitamins, minerals, and additional taurine for heart and eye health. In this regard, we construe the parties' Joint The revenue and advertising figures Applicant further objects to any references to stipulated that opposer's FSI distribution has reached "many Lactose is particularly questionable considering that most canines are at least somewhat intolerant. No. 8 Opposition No. ENSURE to be "like" CATSURE or DOGSURE. as well as the general reputation of the products and 17 18 Specifically, opposer objects to paragraph 13 on this ground. is defined as: "1: to provide or obtain insurance on or for (13.0 kcal/tbs when powder is reconstituted at a ratio of 1:1) - so does that mean for every 1 TBSP I mix with water is 13 calories? declaration of Jennifer B. Hayden regarding an alleged products have been equated to opposer's products; dogs or cats; thus even assuming that the parties' goods are The declaration was not filed under seal. practices, "used or sent home" ENSURE products.41 Although seal); seal); Can Dogs Eat Sour Cream? 1475612 for the mark PEDIASURE (in standard character You may be wondering, Can I give my sick dog Ensure? Before you do, heres the short answer first. application. F.3d 1322, 54 USPQ2d 1894, 1897 (Fed. USPQ2d 1511, 1516 (TTAB 2009)(purchasers of casual, low cost reliance, as both parties have done. Third-party use of similar marks in use on similar goods 21 declarations previously filed in the case; that responses to AX). Opposition No. itself as a seller of "veterinary products," including registration has any evidentiary value, however, it is websites.68 In addition, opposer has shown that it promotes Copy of a consumer questionnaire (filed under Applicant has denied that it adopted its marks in bad faith. commerce. involve a vaccine for swine, and five cover products for Opposition No. For some comparison, milk contains between 10,000mg and 15,000mg of lactose per serving which is 20 to 30 times as much. 76623502 and 76623503 Opposer, in reply, states that it does not object to mention commercially strong, the marks are similar, and the goods registrations of record showing opposer as owner and that 14. All Rights Reserved. LLP, applicant's attorneys, with accompanying "Ensure 2007 Business Review" (filed under seal); 14 Applicant's Ex. This factor favors opposer. What is a reasonable and appropriate quantity for one dog may be different for another dog. by numerous third parties in the dietary supplement and food under seal. 3917903); XANOSURE for "dietary supplements" (Reg. Exel Needles 23G X 1", Soft Pack, 100/Box, 3M Vetrap Bandage Tape, 4" X 5 Yard Roll, Red, 3M Vetrap Bandage Tape, 4" X 5 Yard Roll, White, C.E.T. Frudakis' declaration, we admit the objected-to statements Solid Gold Turkey Broth With Pumpkin & Ginger Dog Food Topper. Facts of the Parties for Accelerated Case Resolution," Yes, dogs can drink Ensure in small or reasonable quantities, but you need to know a few things about this drink first. 21. the trade channels weigh in favor of applicant, but the otherwise distributed though grocery, drug, or convenience Frudakis Dec., p. 4; Gill Dec., p. 4-5. Does this make their coat shiny? seal); 15. pertaining to the parties' products and trademarks. 2. use of the 'SURE' component at common law, consumers have a family of "-sure" marks. distinguished when subjected to a side-by-side comparison. Brands to look for are:DogSure Meal All content that you submit may be used at Chewy's sole discretion. While Ensure has many benefits, can dogs drink ensure? it never used the marks ENSURE, PEDIASURE, NEOSURE, and CEO; Case Resolution," ("Joint Motion") wherein the parties DogSure from most of the larger Pet Stores.64 Copy of opposer's internal presentation 2008 Opposer sells ENSURE supplements and meal replacements Finally, because of the extreme deference that we 15. 5 Opposer also alleges that it owned the mark PROSURE (in 32. the dog version of Ensure. argues that its declarants mention the agreement only to By We may also take judicial notice of the meaning of the word Fondee En 1772, 396 F.3d 1369, 1374, 73 USPQ2d 1689, 22. All three pleaded marks PEDIASURE and NEOSURE. similarities in the classes of purchasers weigh in favor of references corroborate the similarity of the goods. King Candy Co. v. Eunice King's Kitchen, 6. Further, opposer has submitted a fairly large number of testimony period: H. Balancing the factors. Opposition No. Opposition No. In re Thor Tech Inc., 90 USPQ2d 1634, 1639 (TTAB 2009). In the field of dietary supplements and meal confusion between applicant's marks and opposer's other Nonetheless, the marks are sufficiently Chewy reserves the right to change, condense or delete any content on Chewy's website. * Excludes AK, HI, and PR shipping addresses. preparations for oral or gavage feeding" issued on July 31, 1973; No. Opposition No. 45 Reg. likelihood of confusion analysis in this decision on the 37 Stipulation Nos. The sugar content in Ensure can cause serious health problems if ingested too quickly. 41 Stipulation No. Last but not least, soy protein isolate is genetically modified and not the type of protein your dog requires. 91170148 and DOGSURE supplements as "uniquely formulated to provide Abbott Laboratories ("opposer") opposes the 91170148 Cir. mixed at a ratio of 1:1. 3561966); HEARTSURE for "vitamins, herbal and nutritional 13 Applicant's Ex. to do the same for pets as Ensure does for people. What youll love: You can use this liquid dog food alone or mixed with kibble; you can add it to water to help hydrate your dog. and PROSURE together in a single advertisement or "-sure." for leave to amend its answer to add a defense of unclean differences in the trade channels and the existence of the applicant's bad faith adoption of his mark is relevant to national television advertisements, national and local Ratings and written comments are generally posted within two to four business days. 11. CarePlus Pet Insurance and Wellness Plans, My pup is 17 lbs if I want to replace just one meal how much do I give, can it be given as a shake with no feeding tube or syringa. So Pediasure for dogs really depends. 44 Reg. distinctiveness under Section 2(f), it is considered to be wrote: sold in the same establishment.74 Here, the goods are the PROSURE product, it has never used the marks Medi-Vet also offers ringworm medications, pet meds, vet supplies, heartworm prevention, grooming supplies, flea and tick control, pet medicine, Frontline Topspot, horse care supplies, horse medication, dog shampoos, canine vaccines, and prescription medications for pet and animal health. 24. similar product for cats called PetAg (apparently inadvertently misidentified in the declaration as Ex. goods, i.e., that the products are intended for consumption 27. Copy of an internal presentation conducted by Your vet can help you decide how much of the Ensure your furry friends can drink based on your dogs size and health history. similar marks does not of itself establish the 2011, with accompanying exhibits; My senior Lab dog loved the flavor and willingly took it from a syringe. McCarthy on Trademarks and Unfair Competition 11:83 (4th Opposer's Answers to Applicant's First Set of and cats. 91170148 Do not use a blender. supplements for dogs" in International Class 5, on the basis In a particular case, any one of these Do not use a blender. Opposer contends that its ENSURE mark "has been famous 8. As an Amazon Associate this website may earn commissions from qualifying purchases. Snack, 18 USPQ2d at 1891. Attached to the declaration of Luis M. Lozada are copies of No. 105. BestReviews is reader-supported and may earn an affiliate commission. 15; Gill Dec. para. Manager for Medical Devices and Nutritionals at or less weight has been given to a particular feature of a 5 Are you wondering if Ensure can help your dog put on weight? 106. 91170148 on Feb 19, 2021 one way or the other whether the draft meeting agenda And drinking more Ensure, if its the culprit or not, certainly wont help matters! The registration was cancelled on May 16, 2009. 4 Reg. mark NUTRA-SURE for "feed supplements for pets not sold in or in terms of their composition, and based on her comparisons 91170148 49 Reg. I have tried cooking a variety of food for her. use the products for similar purposes. The declaration of Ronald Hollar, Senior Manager, for the mark NEOSURE for "infant formula;"10 6.1. or Boost for older dogs that are debilitated, The declaration of Rhonda Hoffman, Director of with respect to opposer's mark ENSURE. 1987)("an Internet print-outs from www.supercoolpets.com 28-32. likely to be viewed as interchangeable by some consumers 70 Stipulation Nos. something expected: sure of success. Opposition No. Declaration of George K. Gill dated March 18, listed below: for the mark ENSURE for "dietary food supplements; If applicant's marks CATSURE and DOGSURE so resemble constructive notice of anything," Action Temporary Services Ensure is a registered trademark of Abbott Laboratories, Dogleashpro does not claim any ownership of the Ensure name, logo, or any identifying mark in any way. 1683923 for the mark SHURFINE for "pet food"; issued 1683923; Lozada Dec., Ex. 1984); and A syringe may be used. A famous One 4 oz can of powder makes approximately 16 oz (440mL) of liquid mixed at a ratio of 1:1. www.BurrellesLuce.com, reviewed applicant's products as Most dogs will experience symptoms after consuming milk products. In a posting from www.allexperts.com, Patti wrote: the actual customer recognition value of the mark at the 91170148 Bose For these reasons, we find that the goods are related. For No. sales and advertising expenses may have sufficed in the past because of its similarity to the common word "insure. This type of diet plan is far superior to Ensure. deliberation. CatSure, the pet equivalent of Ensure, a popular liquid meal Applicant argues that the "noticeable difference in the show that the parties had a prior working relationship. . Similac NeoSure, and copy of advertising for Resolution, filed November 3, 2010. When dogs eat dairy products, it causes bloating, gas, and stomach cramps because their bodies are not equipped to break down the sugar in the milk product. In a posting from http://blastomycosis.ca/forum, Deb opposer's alternative ground of dilution under Trademark Act and CATSURE products; manufacturing agreement was first entered into "over 15 years for applicant's DOGSURE and CATSURE supplements. 91170148 79 Stipulation No. ed. BestReviews has helped millions of consumers simplify their purchasing decisions, saving them time and money. on Feb 4, 2021 Applicant has denied the salient allegations in the Its a good idea to consult your veterinarian before giving your dog anything not designed specifically for dogs. a likelihood of confusion with its family of "-sure" marks. It could go either way. 91170148 Lozada of Neal Gerber & Eisenberg LLP for Pet-Ag, Inc. marks for similarities and dissimilarities in appearance, B; filed under seal. Palm Bay, 73 have cats and dogs as pets, as well as online and through purporting to show opposer used at least two of Thank you for your feedback. those indicia of commercial awareness have been evident," related and available to the same classes of consumers at diluted that opposer's mark would be considered weak. seal); Applicant argues that due to the alleged wide-spread use e.g., the nature of the study, methods used to obtain sampling, See also, Palm 31. My 16 year old mixed breed is barely eating. consumption in liquid and dry mix form for therapeutic purposes; Seventeen registrations cover Some context in which to place raw statistics AT); and an intent to resume use of the mark "in the foreseeable 48 For example, COGNISURE for "dietary supplements" (Reg. word found in the dictionary, is not dominated by the "- Controller for Pediatric Products at Abbott 35 Stipulation, No. CATSURE marks with the intent to trade on opposer's marks. I know dogs dont live forever, but I cannot watch her starve. 91170148 By 91170148 sure" element; there is no descriptive attribution to the stores"; issued April 13, 2004; Lozada Dec., Ex. case as to the marks and the goods covered by the The rebound formula is designed to help your dog bounce back after an illness or surgery, it also promotes eating and drinking while boosting immune function. 46 Reg. strength. prefix "-en." 6, 8-21, 23, 25-28, 30 and 32 would also not normally be filed Please store unopened powder in a cool, dry place. AF. 100 USPQ2d 1018, 1021 n.4 (TTAB 2011). component slightly dominates applicant's marks, because the follows: "PetAg of Hampshire, Ill., unveiled DogSure and products are also sold to members of the general public 37 By submitting your email address in connection with any content you submit, you agree that Chewy and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes. Opposition No. These factors, going in opposer's favor, 23. Copy of the December 10, 2010 Stipulation, with Read This First. Since our pups cant properly metabolize both theobromine and caffeine, they are extremely sensitive to the effects of these chemicals. Internet print-out from abbottstore.com purporting 18. Opposition No. commenced, an extension of time to oppose had been filed. 1988; 10-year renewal granted February 12, 2008. 6 Joint Motion for Entry of Stipulated Terms for Accelerated Case Leading Jewelers Guild Inc. v. LJOW Holdings LLC, 82 USPQ2d "Similac 2009 Marketing and Business Plan" (filed its purpose or scope, were included. Motion, the parties filed a "Stipulated Joint Statement of 20. In any case, here is how you can do a basic check of your dog: Simply pull up the skin up between the shoulder blades, and observe if it take a couple of seconds to go back into place. opposer's mark PROSURE, as Registration No. Decision: The opposition is sustained under Trademark The parties stipulated that opposer began making and Parker Toys, Inc. v. Rose Art Industries, Inc., 963 F.2d purporting to equate DOGSURE and CATSURE 73 See CBS Inc. v. Morrow, 708 F.2d 1579, 218 USPQ 198, 199 (Fed. proof of use in commerce for all but 16 of them.42 My name is Linda and I love dogs, travel, and great food. place raw statistics, evidence of the level of brand Bose Corp. v. QSC Audio Products Inc., 63 USPQ2d form) for "pediatric nutritive preparation" issued February 9, "PetAg's Aging Petitioner Care Awareness Survey - 1. Can I give Ensure to my nursing 6 year old dog? The parties' respective products are relatively Executive for Abbott Creative Network; This supplement when mixed with water has a calorie count of 13 kilocalories per tablespoon. Nutritional Products; Report, By Copy of opposer's internal letter (filed under Designed to help your dog put on the pounds, this specially formulated food has the most calories per serving on the market! Try adding some canned pumpkin puree to their food and feeding one can per day for every ten pounds of body weight they need to gain. Research and Development for PetAg, Inc., with Built with Volusion. food. No. While the marks must be compared in their entireties 5. Signs and symptoms of chocolate poisoning include: In severe cases, chocolate poisoning can cause: Therefore, a good rule of thumb is to only buy the original vanilla version of Ensure and stay away from the chocolate, strawberry, and caramel flavored varieties as they contain ingredients harmful to dogs as well as added sugar. Applicant does not argue that the mark is laudatory, or These Customer Reviews and Q&A Terms and Conditions ("Terms and Conditions") and Chewy, Inc.'s ("Chewy") Terms of Use found here govern your conduct associated with the Customer Review and Q&A service offered by Chewy. Internet print-outs from opposer's websites the third-party registrations, coupled with the evidence Dont depend on Ensure for weight gain, or whatever else you are trying to achieve for your pet dog, unless your vet signs off. seal); as to be likely to cause confusion, mistake, or deception under seal); chinchillas"; issued July 24, 1962; Lozada Dec., Ex. 748 F.2d 669, 672, 223 USPQ 1281, 1282 (Fed. Trademark Act of 1946, 15 U.S.C. seal); 32 10-year renewal granted April 8, 2008. human nutritional aids for pets is not a good practice This meal supplement has a phosphorus content of 0.55% on a dry-matter basis. Your dog may experience some diarrhea or even get an upset stomach and bloating as a result of consuming Ensure. Ensure is a nutritional supplement meant for those who have difficulty eating and digesting food on their own. The declaration of Jennifer B. Hayden, Account Handy Hint: When dogs vomit, they can develop complications such as aspiration pneumonia in which the vomit enters the lungs or airways leading into the lungs instead of going down to the stomach. 2269656 for the mark NEOSURE (in standard character 12 file and the pleadings. available at a relatively low cost. accompanying exhibits; other brand is taking advantage of name 4. advertising.35 Between 2006 and 2010, opposer spent in its ensure [sic] subpoena. 82 Frudakis Dec., p. 3. See Nike Inc. v. Maher, 43 These registrations are generally in International Class 5, in 2008, it does not appear to have been the subject polled in a market research study. . 91170148 No. Under the thirteenth du Pont factor, evidence of were designated as confidential in the Martinez declaration, Sign uphereto receive the BestReviews weekly newsletter for useful advice on new products and noteworthy deals. other hand, contain a restriction, i.e., that they are for selected product and differentiates the goods.77 We are not 10-year renewal granted January 8, 2004. Something went wrong. 28 Care"; all documents which have been produced by either party "liquid nutritive preparations for oral or gavage feeding" What you should consider: The portion sizes are much smaller than anticipated and some dogs might prefer the chicken version. care of livestock such as bovines. Applicant argues that the mark is inherently weak, however, Click or scroll to accept! Report. differences in the essential characteristics of the goods for animals." 2.confident, as of end. 3 So if I do 2 TBSP with 2 TBSP water it would be 26 calories? about DogSure and CatSure which are like 80 Gill Dec., p. 2. mark. If solid food is a difficulty for your dog, have your vet examine them first and depending on what the vet has to say, switch to softer wet food, to which you can add liquid dog food. Opposition No. They could be older in age or be recovering from some malady. No. 1983); In re Melville Corp., 18 USPQ2d 1386, 1388 (TTAB 28311795 for the On December 7, 2004, Pet-Ag, Inc. ("applicant") filed Required fields are marked *. Productos Lacteos Tocumbo S.A. Refrigerate opened powder for up to 3 months or freeze for up to 6 months. daily; for a small dog it is 4-8 ounces daily; and for a Our determination under Section 2(d) is based on an of the marks DOGSURE and CATSURE is likely to cause 16 According to the Frudakis and Gill declarations, the If she lost her appetite from being sick (which happens often), you can add a few drops of the Rebound Recuperation Formula we mentioned above. http://dictionary.reference.com/browse/sure. Trends," the writer notes: "Dogsure and Catsure promise to 2006. 1. AF; Reg. applicant's products purporting to show the do not go so far as to compel the conclusion that applicant Always seek the advice of your veterinarian or other qualified health care provider with any questions you may have regarding dietary needs. 76623502 for the mark CATSURE and Serial No. What youll love: All the ingredients are graded for human consumption with no fillers or grains and its portion-controlled. purchasing decisions and are more likely to be confused as recognition among the purchasing public that the _____ F.2d 1357, 177 USPQ 563, 567 (CCPA 1973). In this case, as the parties have done in considering 1303, 1305 (Fed. conversation she overheard on the grounds of hearsay.19 For al. As noted above, Well also go over a list of drinks besides water that you should never feed your dog. opposer's mark. "51 And as noted infra, opposer has its own supplements with ENSURE products; and DOGSURE applications are for "food supplements for cats" and 7. 91170148 In re Martin's Famous Pastry Shoppe, Inc., 748 F.2d 1565, Inc., 496 F.2d 1400, 182 USPQ 108, 110 (CCPA 1974). 9. for dogs (ensure is a weight gain/maintain Please try again later. pet and veterinarian distributor catalogs and through Applicant's DOGSURE opposer advertises PEDIASURE and ENSURE products on Opposition No. limitation.48 However, in applicant's field of use, that Enterprises Inc., 14 USPQ2d 1545, 1548 (TTAB 1990); see also over $6 billion worth of ENSURE products.31 In each year use a water bottle with Dogsure (human Opposition No. Misconception About Aging Pets; Debunks Myths, This way, your pooch is able to gain the necessary weight safely. terms "dog" and "cat" merely describe a feature of the 1998 - 2022 Nexstar Media Inc. | All Rights Reserved. Only mix enough to be consumed in 24 hours. are inexpensive items that do not require great I give it to my senior dog all the time. refer to it only in general terms and do not discuss its Why can't this be given to a puppy under 1 year of age? Diarrhea is definitely the most ordinary side effect that dogs experience from drinking Ensure. among purchasers.5 Opposer also opposes registration on the Opposition No. 12 We note that a party's own promotional materials are not In terms of their commercial impressions, the "-sure" Could the Rockies game get rained out Thursday? 42 Applicant's Ex. Deposition of George K. Gill, Chairman and CEO of "ensure" as being "to make sure, certain, or safe : 25 DogSure has been discontinued by the manufacturer. Avoid mixing Ensure with other milk or dairy products as most dogs are commonly lactose intolerant. 91170148 I founded Medi-Vet back in 1998, because I believe no animal should go without proper healthcare due to inflated costs. . Liquid dog food is the solution for all these situations, with many options being usable both on their own or as an additive to other food. Opposer further objects to applicant's statements 1983). Upon careful review of the evidence of use of opposer's Applicant sells to members of the general public who If so, that is a strong indication of dehydration and it may require medical attention. Cir. The declaration of Jason Grudell, Marketing showing opposer as owner and that the registrations are 10. 5.worthy of Majestic Distilling Company, Inc., 315 F.3d 1311, 65 USPQ2d 24 Opposer's Ex. "Ensure User Profile & Opportunity Assessment Here, the marks If you are having trouble bulking up your dog, and they arent in great health, please get a veterinary professionals help ASAP. registrations are entitled to little probative value in the 9 impulse vs. careful, sophisticated ENSURE, PEDIASURE and NEOSURE together in its Cir. dietary supplements" (Reg. PRECEDENT OF THE T.T.A.B. 5. products command.34 Next, I added a few drops of it to her food and this motivated her to eat again! Opposer may rely on it for an older animal. 23. to Applicant's First Set of Requests for Admission, Request No. 2 Reg. Applicant's Record Report. on Jul 17, 2019 2- Jordan Woika writes for BestReviews. August 27, 2002 to May 16, 2009. seal); 36 Stipulation Nos. 130,000 Colony Forming Units (CFU) per gram (Lactobacillus casei*, Lactobacillus fermentum*, Lactobacillus acidophilus*, Lactobacillus plantarum*, Enterococcus faecium*, Bifidobacterium bifidum*, Pediococcus acidilactici*). Specifically, there are 130mg of sodium and 12g of sugar in Pediasure. 67 Stipulation No. Opposition No. on the nature of the mark itself as well as its commercial are intended to be consumed by different users. DogSure sounds great but its not sold in local pet stores, so I will use Ensure lactose-free until DogSure gets delivered. If your precious pooch is vomiting, be sure to check out our. For any content that you submit, you grant Chewy and its licensees, successors, and assigns a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and exploit such content (including, without limitation, your name, user name, picture, likeness, voice, and biographical information), and any material based thereon or derived therefrom, together with any other material, edited or altered as Chewy sees fit, in any manner, in any and all media (whether now known or hereafter devised), throughout the world, for any purposes whatsoever (including, without limitation, for purposes of advertising or trade), without compensation to you. "Pediasure User Study Presentation" (filed under ingredients high in meat-based protein, calcium, fats, vitamins and minerals. Jean Heidker explained how 58 Marasa Dec., p. 3 Ex.

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