1 - Complaint

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BLANK ROME, LLP

A Pennsylvania LLP
Stephen M. Orlofsky
Jonathan M. Korn
New Jersey Resident Partners
301 Carnegie Center
3
rd
Floor
Princeton, NJ 08540
Phone: 609-750-7700
Facsimile: 609-750-7701

GOODWIN PROCTER LLP
Ira Jay Levy (Pro Hac Vice pending)
The New York Times Building
620 8
th
Avenue
New York, New York 10018
Phone: 212-813-8800
Facsimile: 212-353-3555

Attorneys for Plaintiffs CSC Brands LP,
and Campbell Soup Company

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
-------------------------------------------------------
CSC BRANDS LP, and :
CAMPBELL SOUP COMPANY : Civil Action No.:
:
Plaintiffs, :
:
v. : COMPLAINT AND
: DEMAND FOR JURY TRIAL
CHICKEN SOUP FOR THE SOUL :
PUBLISHING, LLC, CHICKEN SOUP :
FOR THE SOUL FOODS LLC, and :
DAYMON WORLDWIDE INC. :
:
Defendant. :
:
-------------------------------------------------------

Case 1:12-cv-06569-JEI-KMW Document 1 Filed 10/17/12 Page 1 of 37 PageID: 1

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Plaintiffs CSC Brands LP (CSC Brands) and Campbell Soup Company (CSC)
(collectively Campbell Soup), for their Complaint against Defendants Chicken Soup for
the Soul Publishing, LLC (CSFTS), Chicken Soup for the Soul Foods LLC (CSFTSF)
and Daymon Worldwide Inc. (Daymon) (collectively CSFTS, CSFTSF and Daymon
referred to as Defendants), respectfully allege as follows:
1. This is an action for preliminary and permanent injunctive relief, damages,
and attorneys fees for Defendants willful trademark and trade dress infringement, false
designation of origin, trade dress dilution, deceptive acts and practices, and unfair
competition, under Federal and state law. This action arises out of the offering for sale
and/or announced intention of offering for sale by Defendants of chicken noodle soup and
related soups and simple meals in a package bearing label brand elements that are strikingly
and confusingly similar to the label brand elements employed by Campbell Soup for its
soup and related products, some of which elements have been used in combination by
Campbell Soup for over 100 years, all in violation of Campbell Soups trademark and trade
dress rights.
2. Defendants have recently announced their intention to offer for sale a line of
soup products, and other simple meal products, in packaging and bearing a label trade dress
extremely and confusingly similar to that offered by Campbell Soup (the Infringing Label
Design). Defendants have embarked on an unlawful campaign to lure consumers into
purchasing their chicken noodle soup and related goods (the Defendants Products) under
the mistaken belief that such products come from, are sponsored by, or are associated or
affiliated with, Campbell Soup. At the heart of Defendants campaign of deception is the
deliberate use of a trademark and trade dress strikingly similar to Campbell Soups iconic
script typeface and distinctive label lay-out for use in connection with the sale of food

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products for human consumption. Defendants improper design of the labels for
Defendants Products appears intentionally to mimic the distinctive trade dress of
Campbell Soups famous soup and related products and the distinctive CAMPBELLS
mark in highly recognizable script (the Campbells Mark), such that consumer confusion
and dilution is not only likely, but inevitable. Defendants have publicly disclosed two
versions of the trade dress for Defendants Products. The first trade dress, which was part
of the original press release disclosing Defendants Products, and is still available on the
Chicken Soup for the Soul Facebook page as of the date of filing of this Complaint, is
shown below:

A second form of the trade dress for Defendants Products, which was first
published on or about September 24, 2012, is shown below:

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THE PARTIES
3. Plaintiff CSC Brands LP is a Delaware Limited Partnership having a place
of business at One Campbell Place, Camden NJ 08103.
4. Plaintiff Campbell Soup Company, a company related to CSC Brands, is a
New Jersey Corporation with a place of business at One Campbell Place, Camden, NJ
08103.
5. On information and belief, Defendant Chicken Soup for the Soul Publishing,
LLC is a Connecticut Limited Liability Corporation with a principal place of business at
120-142 East Putnam Avenue, Cos Cob, CT 06807.
6. On information and belief, Defendant Daymon Worldwide, Inc. is a
Delaware Corporation with a principal place of business at 700 Fairfield Avenue,
Stamford, CT 06902.

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7. On information and belief, Defendant Chicken Soup for the Soul Foods,
LLC is a Delaware Limited Liability Company. On information and belief, Chicken Soup
for the Soul Foods, LLC is a partnership between Defendants Chicken Soup for the Soul
Publishing, LLC and Daymon Worldwide, Inc.
JURISDICTION AND VENUE
8. This action arises under the Lanham Act, 15 U.S.C. 1051 et. seq. This
Court has subject matter jurisdiction over this action pursuant to 15 U.S.C. 1121 and 28
U.S.C. 1331, and 1338 and has supplemental jurisdiction pursuant to 28 U.S.C. 1367.
9. This Court has personal jurisdiction over Defendants pursuant to N.J. Rule
4:4-4. Upon information and belief, Defendants regularly have placed their products into
the stream of interstate commerce with the knowledge and intent that some products
would be sold in the State of New Jersey, have solicited business in the State of New
Jersey, have transacted and done business in the State of New Jersey, have wrongfully
caused injury to Campbell Soup in the State of New Jersey, such injury being reasonably
foreseeable, and derive substantial revenue from interstate commerce.
10. On information and belief, venue is proper in this District pursuant to 28
U.S.C. 1391(b) because a substantial part of the events giving rise to this action occurred
in this District. Venue also is proper in this District pursuant to 28 U.S.C. 1391(c)
because Defendants are deemed to reside in this District.
FACTS COMMON TO ALL CLAIMS FOR RELIEF
Campbell Soup, the Campbell Trade Dress, and the Campbells Mark
11. Campbell Soup, through its affiliates, is the worlds leading manufacturer of
soup. Campbell Soup has built a large and profitable business as a result of the high
quality of its soup products, and its worldwide soup sales currently exceed $1.5 billion per

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year, with well over $1 billion in sales per year in the United States. Campbell Soup spends
hundreds of millions of dollars per year advertising and promoting the CAMPBELLS

brand in the United States. Campbell Soup makes substantial sales and spends substantial
sums advertising and promoting its products in this State.
12. Since at least as early as 1898, Campbell Soup has used, and to this day
continues to use, a number of distinctive trade dresses, and the famous Campbells Mark,
on and in connection with its business, and in connection with its soup and related
products.
13. Campbell Soup is the owner of the distinctive and famous Campbell Trade
Dress. Elements of the Campbell Trade Dress have adorned cans of CAMPBELLS

brand soup since 1898. While the specific execution of the Campbell Trade Dress has
evolved and modernized over the years, from the time of its adoption in the late 1800s, it
has consistently included prominent use of a two-color layout, primarily red and white, in
separate, horizontally articulated sections of the label and text, including a distinctive upper
case C as the first letter of the brand name in the distinctive Campbell Soup script font in
the upper the portion of the can.
14. In the case of the Icon Campbell Trade Dress the border of the red and white
portions of the label is a straight line. The Icon Campbell Trade Dress is shown on the far
right in the picture below. This Icon Campbell Trade Dress is currently in use and has been
in use since 1898. In the case of the Campbell Wave Trade Dress, such dress incorporates
a gold-bordered wave element to horizontally separate the articulated red and white
sections of the label. The Campbell Wave Trade Dress, shown below on the left, has been
in use since June 2010.

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Unless otherwise apparent from the context, the Icon Campbell Trade Dress and the
Campbell Wave Trade Dress shall be collectively referred to as the Campbell Trade Dress.
15. In addition to the rights that exist by virtue of Campbell Soups extensive
use in commerce of the Campbell Trade Dress, CSC Brands is also the owner of a number
of Federal Trademark Registrations for marks that incorporate, in whole or in part, the
Campbell Trade Dress, many of which are incontestable.
16. For example, CSC Brands is the owner of the following U.S. Trademark
Registrations on the Principal Register in the United States Patent and Trademark Office
for the trademark CAMPBELLS, the mark indicating that it appears in script, and that the
background that forms part of the mark prominently features the colors red and white with
a straight border between the colors, (i.e., the Icon Campbell Trade Dress). All of these
registrations are valid and subsisting registrations and several are incontestable. Copies of
these Certificates of Registration are attached as Exhibit A.

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Mark Reg. No. Reg. Date Goods/Services

48,664 Jan. 9, 1906 Condensed Soup in
Intl Class 29

47,154 Oct. 31, 1905 Baked Beans in
Intl Class 29
[Drawing lined for color Red]
1,544,679 Jun. 20, 1989 Ready to serve
soups in Intl Class
29

[Drawing lined for color Red]
1,925,751 Oct. 10, 1995 Tomato juice used
as a beverage in
Intl Class 32

2,066,673 Jun. 3, 1997 Soups in Intl
Class 29

17. The Icon Campbell Trade Dress is currently prominently displayed on the
Icon line of Campbell Soups condensed soup products, Chicken Noodle, Cream of
Mushroom, and Tomato soups, shown below:

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18. The Campbell Wave Trade Dress is prominently displayed on numerous
varieties of its soup products which, like the familiar Icon variety, are sold nationwide in
nearly all U.S. retail outlets where shelf stable food products are sold. The following are
examples of products sold under the Campbell Wave Trade Dress:

19. The consistent elements across the Icon Campbell Trade Dress and the
Campbell Wave Trade Dress define a consistent family look that conveys a single and
continuing commercial expression, renders members of the family identifiable as
emanating from a single source, and represents a source of consistent high quality goods to
consumers. This goodwill is a valuable asset of Campbell Soup.

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20. CSC Brands is also the owner of the following U.S. Trademark Registration
on the Principal Register in the United States Patent and Trademark Office for
CAMPBELLS, the mark indicating that it appears in script, and that the background that
forms part of the mark prominently features a dark portion and a light portion with a wave
shape forming the border between the dark and light portions. (i.e., the Campbell Wave
Trade Dress.) A Copy of this Certificate of Registration is attached as Exhibit B.

3,984,648 Jun. 27, 2011 Broth; soups in Intl
Class 29

21. In addition to the rights that exist by virtue of Campbell Soups extensive
use in commerce of the Campbells Mark, CSC Brands owns a number of additional U.S.
Trademark Registrations on the Principal Register in the United States Patent and
Trademark Office for CAMPBELLS in distinct script for use in connection with soups and
simple meals. All of these registrations are valid and subsisting registrations and several
are incontestable. Copies of these Certificates of Registration are attached as Exhibit C.

48,461 Jan. 2, 1906 Condensed Soup in
Intl Class 29

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195,293 Feb, 24, 1925 Beans in Intl
Class 29

299,495 Dec. 6, 1932 Canned tomato
juice in Intl Class
32

600,459 Jan. 4, 1955 Pork & beans in
Intl Class 29

698,271 May 24, 1960 Chili con carne,
beans and
frankfurters, in
Intl Class 29

804,371 Feb. 22, 1966 Canned ready-to-
serve soups in Intl
Class 29

3,215,181 Mar. 6, 2007 Chili; soups in Intl
Class 29

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3,215,182 Mar. 6, 2007 Tomato juice, in
Intl Class 32

3,215,183 Mar. 6, 2007 Gravies; prepared
pasta; package
meals consisting
primarily of pasta
or rice in Intl
Class 30

22. Campbell Soup has acquired common law trademark rights in the Campbell
Trade Dress and the Campbells Mark.
23. Campbell Soup uses the Campbell Trade Dress and the Campbells Mark as
a designation of source and quality for its goods and services. Campbell Soup uses the
registration symbol on its packaging for its goods and in connection with the advertising
of products sold under the Campbell Trade Dress and Campbells Mark.
24. Campbell Soup has invested billions of dollars and substantial amounts of
time and effort in developing, establishing, and promoting the Campbell Trade Dress and
Campbells Mark in various media (including, without limitation, local and national
television and print media).
25. As a result, the Campbell Trade Dress and Campbells Mark have become
widely known among consumers, as well as the general public, as identifying high quality
goods emanating from Campbell Soup.

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26. The substantial goodwill of the business connected with the use of, and
symbolized by, the Campbell Trade Dress and Campbells Mark is an extremely valuable
asset of Campbell Soup.
27. Due to Campbell Soups marketing efforts and the extraordinary sales of
goods bearing the Campbell Trade Dress, the Campbell Trade Dress has become famous.
28. Due to Campbell Soups marketing efforts and the extraordinary sales of
goods bearing the Campbells Mark, the Campbells Mark has become famous.
29. The success of CAMPBELLS
brand soup has been based, in part, on its

distinctive and iconic labeling, or its trade dress. Most critically, the Campbell Trade
Dress and the Campbells Mark are each distinctive in the soup category, and immediately
communicate that the product is part of the CAMPBELLS
brand offerings. Consumers

easily can differentiate CAMPBELLS
soups from other soups thanks to the distinctive

Campbell Trade Dress and due to the distinctive Campbells Mark. The Campbell Trade
Dress and the Campbells Mark are each among Campbell Soups most valuable assets.
30. Campbell Soup has invested substantially in promoting and advertising its
CAMPBELLS

brand with a strategy that focuses heavily on the Campbell Trade Dress
and on the Campbells Mark. Campbell Soup devotes a great deal of marketing resources
to ensuring that its CAMPBELLS

brand products are easily visible and prominently
displayed where sold.
31. In addition, Campbell Soup prominently features in its advertisements the
Campbell Trade Dress and the Campbells Mark. In fiscal year 2011, for example,
Campbell Soup spent more than $750 million advertising and promoting the
CAMPBELLS

brand in the U.S. Virtually all of these ads feature images of the

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Campbell Trade Dress and the Campbells Mark. Campbell Soups advertising
expenditures have been within the same range over the past few years.
32. During fiscal year 2012, sales of product bearing the distinctive Campbell
Trade Dress exceeded $1 billion in the United States, representing the sale of more than 1
billion units, all bearing the Campbell Trade Dress. In the same time period, sales of
products bearing the distinctive Campbells Mark exceeded $1.5 billion in the United States,
representing the sale of more than 1.5 billion units.
Defendants Unlawful Use of the Campbell Trade Dress and the Campbells Mark
33. Upon information and belief, for a number of years, CSFTS focused its
efforts on the publishing of books. On information and belief, CSFTS recently licensed the
Chicken Soup for the Soul name for use on a line of pet foods sold exclusively in
specialty pet stores. It has recently come to the attention of Campbell Soup that
Defendants intend to offer a line of soup and other simple meal products through
channels of trade including grocery channels. Based upon the imagery that accompanied
Defendants press releases announcing its decision to enter the human food category,
Defendants intend to enter the market in trade dress that bears a striking resemblance to the
famous Campbell Trade Dress and the Campbells Mark, and because of their actions,
compete unfairly in the marketplace.
34. Defendants issued a press release on August 23, 2012 announcing that they
will launch a national line of comfort foods in early 2013, beginning with soups. A copy
of the press release is attached hereto as Exhibit D.
35. The August 23, 2012 press release depicted a jar of chicken noodle soup
bearing a label with a red and white design with the colors separated by a gold wave, just as
in Campbell Soups Campbell Trade Dress, and with the initial C in Chicken and

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initial S in Soup and Soul written in the same distinctive font as in the Campbell
Trade Dress and in the Campbells Mark. A copy of the image is reproduced below:

36. According to Defendants August 23 press release, the full range of its
products will include more than 100 comfort food products in a variety of different
categories. Defendants press release further notes that it will launch the line with seven
soups lead by iconic Chicken Noodle with other varieties including Country Style
Squash, Sweet Corn and Chipotle, and Hearty Black Bean. Campbell Soup offers
Chicken Noodle Soup under the Campbells Mark and both the Icon Campbell Trade Dress
and the Campbell Wave Trade Dress and offers similar varieties, such as Chicken with
Rice and Chicken with Vegetables under the Campbell Wave Trade Dress and the
Campbells Mark. Further, Campbell Soup offers a Southwest-Style Chicken Chili with
Black Beans & Sweet Corn, a Butternut Squash Bisque, and a Chipotle Chicken and Corn
Chowder under the Campbells Mark.

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37. That Defendants intent was to trade on the fame and goodwill of the
Campbells Mark and Campbell Trade Dress is evident from a simple visual review of the
packaging. Defendants were aware of Campbell Soup, the Campbells Mark, and the
Campbell Trade Dress long before they adopted the Infringing Label Design. Upon
information and belief, Defendants directly copied the script C and red coloring used as
part of the Infringing Label Design from Campbell Soup.
38. The depiction of Defendants products in the August 23 press release almost
immediately, and not surprisingly, caused confusion. A reporter for a major news
organization, after viewing the August 23 press release, contacted Campbell Soup to get a
photo of your [Campbells] new Chicken Soup for the Soul soup line.
39. After Campbell Soup became aware of the August 23 press release,
Campbell Soup contacted Defendants to discuss Defendants infringement of its
trademarks and trade dress. Campbell Soup expressed particular concern with, inter alia,
the prominent use of the letters C and S in a virtually identical font to the distinctive script
of the Campbells Mark, the overwhelming similarity between the Campbell Trade Dress
and the trade dress set forth in the press release, and the actual confusion that the
Defendants infringement caused with members of the public.
40. Subsequently Campbell Soup and Defendants agreed to a short standstill
during which Campbell Soup would refrain from filing a complaint in Federal District
Court and Defendants represented that they would develop a potential alternate, non-
infringing design for their upcoming soup products.
41. On or about September 23, 2012, Defendants updated the image associated
with the press release on their websites and replaced the original package label with the
image of Defendants Products bearing the Infringing Label Design, reproduced below:

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42. Defendants merely substituted orange, brown or a darker shade of red for
the red element of the design and changed the gold line to a lighter shade of the orange,
brown, or red color, and made extremely minor changes to the font of the letters C and S in
the Chicken Soup for the Soul name. Other elements remained unchanged. For example,
the new designs retained (1) the word mark and word element of the trade dress, located
such that the letter C in nearly the same distinctive script font appears in the upper left
hand corner of the principal display panel; (2) the word mark and the word element in the
colors white and the distinctive Campbell red; (3) prominent use of a two-color layout,
consisting of white and another color in separate horizontally articulated sections of the
label, with one of the designs retaining a red color just as in the Campbell Trade Dress; (4)
a wave shape separating the upper and lower portion of the horizontally articulated sections
of the label; and (5) a line of a different color separating the upper and lower sections. In
addition, the first version of the Infringing Label Design for Defendants products remains
available on their Facebook page at

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http://www.facebook.com/ChickenSoupfortheSoul?fref=ts, last visited on October 17,
2012.
43. That Defendants intend to trade or free ride on the goodwill of the Campbell
Trade Dress and the Campbells Mark is obvious as they have incorporated Campbell
Soups world-famous design as the main design element for the Infringing Label Design
for Defendants Products, including their soup labels.
44. Defendants were and are, at all relevant times, at least constructively aware
of Campbell Soups prior use, ownership, and registration of the Campbell Trade Dress and
the Campbells Mark.
45. Campbell Soup has never authorized or licensed Defendants to use the
Campbell Trade Dress or the Campbells Mark on or in connection with Defendants
Products being offered under the Infringing Label Design.
46. The similarities between the Infringing Label Design and the Campbell
Trade Dress and between Defendants script mark and the Campbells Mark reflect a
deliberate attempt by Defendants to make their soup offerings look as if they originate from
Campbell Soup, to give their soup offerings an instant credibility that is not otherwise
warranted, and to confuse the unsuspecting consumer.
47. Defendants Infringing Label Design is likely to cause confusion or mistake,
or deceive purchasers, potential purchasers, and the relevant public and trade as to the
source or sponsorship or approval of Defendants Products, and/or as to its affiliation with
Campbell Soup, and are thereby causing harm to Campbell Soups reputation and goodwill.
Indeed, as set forth above Defendants use of the first version of the Infringing Label
Design has already caused actual confusion.

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48. Defendants Infringing Label Design as described above for use on and in
connection with Defendants Products has diluted the distinctive quality of the Campbell
Trade Dress and Campbells Mark, thereby causing harm to Campbell Soups reputation
and goodwill.
connection with Defendants Products has diluted the Campbell Trade Dress and
Campbells Mark by tarnishment. On information and belief, products in CSFTSs pet
food line, which bear a mark and trade dress in some fashion similar to that of the
Infringing Label Design, were recalled by CSFTS due to Salmonella contamination.
Consumers are likely to connect the CSFTS pet food line with its line of food for human
consumptioni.e., Defendants Products bearing the Infringing Label Designand
thereby connect the pet food line with Campbell Soups CAMPBELLS
branded soup
products. Such a connection to an unsafe product would be to the great harm and detriment
of the goodwill in the Campbell Trade Dress and Campbells Mark built up by Campbell
Soup over many years.
connection with Defendants Products is likely to cause initial interest confusion or
mistake, or initially deceive purchasers, potential purchasers, and the relevant public and
trade as to the source or sponsorship or approval of the Defendants Products sold under the
Infringing Label Design and/or as to its affiliation with Campbell Soup, thereby causing
harm to Campbell Soups reputation and goodwill. Indeed, as set forth above, Defendants
actions have already caused actual confusion.
51. Defendants unlawful conduct is causing and will continue to cause harm to
Campbell Soup. In particular, consumers seeing Defendants Products sold under the

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Infringing Label Design will believe that the Defendants Products are associated with
Campbell Soup or its famous CAMPBELLS
brand soup products. This conduct, if not

enjoined, will undermine the goodwill that Campbell Soup and its predecessors in interest
have spent over 100 years carefully cultivating for the CAMPBELLS

soup brand.
COUNT I
(Trademark Infringement15 U.S.C. 1114)
52. Campbell Soup repeats and realleges the allegations contained in paragraphs
1 through 51 above as if fully set forth herein.
53. Defendants have violated 15 U.S.C. 1114(1)(a) in that they have used in
commerce a reproduction, counterfeit, copy, or colorable imitation of the Campbell Trade
Dress in connection with the sale, offering for sale, distribution or advertising of
Defendants Products sold under the Infringing Label Design, without the consent of
Campbell Soup.
54. Defendants have also violated 15 U.S.C. 1114(1)(b) in that they have
applied a reproduction, counterfeit, copy, or colorable imitation of the Campbell Trade
Dress to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended
to be used in commerce upon or in connection with the sale, offering for sale, distribution,
or advertising of Defendants Products, without the consent of Campbell Soup.
55. Defendants use of the Infringing Label Design or other trade dress
confusingly similar to the Campbell Trade Dress is likely to cause confusion, mistake,
and/or deception among consumers and the public.
confusingly similar to the Campbell Trade Dress will cause loss of goodwill and profits to
Campbell Soup, unjustly enrich Defendant, damage the reputation of genuine

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CAMPBELLS branded goods, and injure the public by causing confusion, mistake
and/or deception.
57. Campbell Soup is entitled to preliminary and permanent injunctive relief to
prevent Defendants continued use of the Infringing Label Design or other trade dress
confusingly similar to the Campbell Trade Dress. Campbell Soup has no adequate remedy
at law. The conduct described above has caused and, if not enjoined, will continue to cause
irreparable damage to the rights of Campbell Soup in the Campbell Trade Dress and in its
business, reputation, and goodwill.
58. Campbell Soup is entitled to damages for Defendants use of the Infringing
Label Design or other trade dress confusingly similar to the Campbell Trade Dress, an
accounting of profits made by Defendant, and recovery of Campbell Soups costs of this
action.
59. Defendants are and were at all relevant times at least constructively aware of
Campbell Soups prior use, ownership, and registration of the Campbell Trade Dress, and
Defendants conduct is therefore willful and intentional. The intentional use of the
Infringing Label Design or other trade dress confusingly similar to Campbell Soups
trademarks by Defendants makes this an exceptional case entitling Campbell Soup to an
award of three times its actual damages and recovery of its reasonable attorneys fees.
COUNT II
(Trademark Infringement15 U.S.C. 1114)
61. Defendants violated 15 U.S.C. 1114(1)(a) in that they have used in
commerce a reproduction, counterfeit, copy, or colorable imitation of the Campbells Mark,

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in connection with the sale, offering for sale, distribution or advertising of Defendants
Products under the Infringing Label Design, without the consent of Campbell Soup.
62. Defendants also violated 15 U.S.C. 1114(1)(b) in that they have applied a
reproduction, counterfeit, copy, or colorable imitation of the Campbells Mark to labels,
signs, prints, packages, wrappers, receptacles, or advertisements intended to be used in
commerce upon or in connection with the sale, offering for sale, distribution, or advertising
of Defendants Products, without the consent of Campbell Soup.
63. Defendants use of a mark confusingly similar to the Campbells Mark is
likely to cause confusion, mistake, and/or deception among consumers and the public.
64. Defendants use of a mark confusingly similar to the Campbells Mark will
cause loss of goodwill and profits to Campbell Soup, unjustly enrich Defendant, damage
the reputation of genuine CAMPBELLS branded goods, and injure the public by causing
confusion, mistake and/or deception.
65. Campbell Soup is entitled to preliminary and permanent injunctive relief to
prevent Defendants continued use of a mark confusingly similar to the Campbells Mark.
Campbell Soup has no adequate remedy at law. The conduct described above has caused
and, if not enjoined, will continue to cause irreparable damage to the rights of Campbell
Soup in the Campbells Mark and in its business, reputation, and goodwill.
66. Campbell Soup is entitled to damages for Defendants use of a mark
confusingly similar to the Campbells Mark, an accounting of profits made by Defendant,
and recovery of Campbell Soups costs of this action.
Campbell Soups prior use, ownership, and registration of the Campbells Mark and
Defendants conduct is therefore willful and intentional. The intentional use of a mark

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confusingly similar to the Campbells Mark by Defendants makes this an exceptional case
entitling Campbell Soup to an award of three times its actual damages and recovery of its
reasonable attorneys fees.
COUNT III
(Federal False Designation of Origin15 U.S.C. 1125(a))
confusingly similar to the Campbell Trade Dress in commerce, as described above,
constitutes unfair competition and false designation of origin in violation of 15 U.S.C.
1125(a)(1)(A) in that it is likely to cause confusion, to cause mistake, or to deceive as to the
affiliation, connection, or association of the Defendants Products with Campbell Soup
and/or as to the origin, sponsorship, or approval by Campbell Soup of the Defendants
Products.
confusingly similar to the Campbell Trade Dress will cause loss of goodwill and profits to
Campbell Soup, unjustly enrich Defendants, damage the reputation of genuine
and/or deception.
71. Pursuant to 15 U.S.C. 1116(a), Campbell Soup is entitled to preliminary
and permanent injunctive relief to prevent Defendants continued use of the Infringing
Label Design or other trade dress confusingly similar to the Campbell Trade Dress.
72. Campbell Soup has no adequate remedy at law. The conduct described
above has caused and, if not enjoined, will continue to cause irreparable damage to the

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rights of Campbell Soup in the Campbell Trade Dress and in its business, reputation, and
goodwill.
73. Pursuant to 15 U.S.C. 1117(a), Campbell Soup is entitled to damages for
Defendants use of the Infringing Label Design or other trade dress confusingly similar to
the Campbell Trade Dress, an accounting of profits made by Defendants, and recovery of
Campbell Soups costs of this action.
Defendants conduct is therefore willful and intentional. The intentional use of the
Infringing Label Design or other trade dress confusingly similar to the Campbell Trade
Dress by Defendants makes this an exceptional case entitling Campbell Soup to an award
of three times its actual damages and recovery of its reasonable attorneys fees.
COUNT IV
(Federal False Designation of Origin15 U.S.C. 1125(a))
76. Defendants use, as part of the Infringing Label Design, of a mark
confusingly similar to the Campbells Mark in commerce, as described above, constitutes
unfair competition and false designation of origin in violation of 15 U.S.C. 1125(a)(1)(A)
in that it is likely to cause confusion, to cause mistake, or to deceive as to the affiliation,
connection, or association of Defendants Products with Campbell Soup and/or as to the
origin, sponsorship, or approval by Campbell Soup of Defendants Products.
77. Defendants use, as part of the Infringing Label Design, of a mark
confusingly similar to the Campbells Mark will cause loss of goodwill and profits to

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Campbell Soup, unjustly enrich Defendants, damage the reputation of genuine
and/or deception.
78. Pursuant to 15 U.S.C. 1116(a), Campbell Soup is entitled to preliminary
and permanent injunctive relief to prevent Defendants continued use of a mark
confusingly similar to the Campbells Mark.
rights of Campbell Soup in the Campbells Mark and in its business, reputation, and
goodwill.
80. Pursuant to 15 U.S.C. 1117(a), Campbell Soup is entitled to damages for
Defendants use of a mark confusingly similar to the Campbells Mark, an accounting of
profits made by Defendants, and recovery of Campbell Soups costs of this action.
Campbell Soups prior use, ownership, and registration of the Campbells Mark, and
Defendants conduct is therefore willful and intentional. The intentional use of a mark
confusingly similar to the Campbells Mark by Defendants makes this an exceptional case
entitling Campbell Soup to an award of three times its actual damages and recovery of its
reasonable attorneys fees.
COUNT V
(Federal Trademark Dilution15 U.S.C. 1125(c))
83. Campbell Soups Campbell Trade Dress is distinctive.

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84. Campbell Soups Campbell Trade Dress is famous.
85. Campbell Soups Campbell Trade Dress attained fame long prior to
Defendants first use of the Infringing Label Design on and in connection with Defendants
Products.
86. Defendants commercial use in commerce of the Infringing Label Design as
described above on and in connection with Defendants Products has diluted the distinctive
quality of Campbell Soups Campbell Trade Dress.
87. Defendants conduct described above has eroded or diminished and is likely
to continue to erode or diminish the distinctive quality and goodwill associated with the
Campbell Trade Dress, causing irreparable damage to Campbell Soup in violation of 15
U.S.C. 1125(c).
88. Defendants conduct described above has tarnished and is likely to continue
to tarnish the distinctive quality and goodwill associated with the Campbell Trade Dress,
causing irreparable damage to Campbell Soup in violation of 15 U.S.C. 1125(c).
goodwill.
Defendants conduct is therefore willful and intentional. Pursuant to 15 U.S.C. 1125(c)
and 1117(a), the intentional trading on Campbell Soups reputation in the Campbell Trade
Dress and intentional dilution of the Campbell Trade dress entitles Campbell Soup to

27
damages, an accounting of profits made by Defendants, and recovery of Campbell Soups
costs of this action.
COUNT VI
(Federal Trademark Dilution15 U.S.C. 1125(c))
92. The Campbells Mark is distinctive.
93. The Campbells Mark is famous.
94. The Campbells Mark attained fame long prior to Defendants first use of
the mark described above as part of the Infringing Label Design on and in connection with
the Defendants Products.
95. Defendants commercial use in commerce of the mark described above as
part of the Infringing Label Design on and in connection with the Defendants Products has
diluted the distinctive quality of the Campbells Mark.
Campbells Mark, causing irreparable damage to Campbell Soup in violation of 15 U.S.C.
1125(c).
97. Defendants conduct described above has tarnished and is likely to continue
to tarnish the distinctive quality and goodwill associated with the Campbells Mark,
causing irreparable damage to Campbell Soup in violation of 15 U.S.C. 1125(c).

28
goodwill.
Defendants conduct is therefore willful and intentional. Pursuant to 15 U.S.C. 1125(c)
and 1117(a), the intentional trading on Campbell Soups reputation in the Campbells
Mark and intentional dilution of the Campbells Mark entitles Campbell Soup to damages,
an accounting of profits made by Defendants, and recovery of Campbell Soups costs of
this action.
COUNT VII
(Unfair CompetitionN.J.S.A. 56:4-1 et seq.)
101. Defendants acts complained of herein constitute unfair competition in
violation of N.J.S.A. 56:4-1 et seq.
102. Defendants use of the Infringing Label Design or other trade dress that is
otherwise confusingly similar to Campbell Soups Campbell Trade Dress, is causing and is
likely to continue to cause confusion, mistake, or deception as to the origin, sponsorship, or
approval of Defendants Products by Campbell Soup.
103. The aforesaid infringement by Defendants was committed willfully,
knowingly, maliciously, and in conscious disregard of Campbell Soups rights.
104. On information and belief, Defendants will continue to infringe upon
Campbell Soups rights under N.J.S.A. 56:4-1 et seq., and Campbell Soup has been and
is likely to continue to be injured unless Defendants are enjoined by this Court.

29
105. On information and belief, as a result of such unfair competition, consumers
are likely to purchase the Defendants Products under the mistaken belief that the
Defendants Products emanate from Campbell Soup.
106. As a result of Defendants unfair competition, Campbell Soup has been and
is likely to continue to be injured by the diversion of sales from Campbell Soup to
Defendants and by the decrease in the goodwill Campbell Soups products enjoy with
consumers. The injuries to Campbell Soup are irreparable and it is without an adequate
remedy at law.
COUNT VIII
(Unfair CompetitionN.J.S.A. 56:4-1 et seq.)
108. Defendants acts complained of herein constitute unfair competition in
violation of N.J.S.A. 56:4-1 et seq.
109. Defendants use of a mark on the Infringing Label Design for Defendants
Products that is confusingly similar to the Campbells Mark, is causing and is likely to
continue to cause confusion, mistake, or deception as to the origin, sponsorship, or
approval of Defendants Products by Campbell Soup.
110. The aforesaid infringement by Defendants was committed willfully,
knowingly, maliciously, and in conscious disregard of Campbell Soups rights.
111. On information and belief, Defendants will continue to infringe upon
Campbell Soups rights under N.J.S.A. 56:4-1 et seq., and Campbell Soup has been and
is likely to continue to be injured unless Defendants are enjoined by this Court.

30
112. On information and belief, as a result of such unfair competition, consumers
are likely to purchase Defendants Products under the mistaken belief that Defendants
Products emanate from Campbell Soup.
113. As a result of Defendants unfair competition, Campbell Soup has been and
is likely to continue to be injured by the diversion of sales from Campbell Soup to
Defendants and by the decrease in the goodwill Campbell Soups products enjoy with
consumers. The injuries to Campbell Soup are irreparable and it is without an adequate
remedy at law.
COUNT IX
(Trademark Dilution N.J.S.A. 56:3-13 et seq.)
115. The aforementioned acts of Defendants constitute willful trademark dilution
in violation of N.J.S.A. 56.3-13 et seq.
116. Campbell Soups Campbell Trade Dress is distinctive.
117. Campbell Soups Campbell Trade Dress is famous internationally,
nationally and in this State.
118. Campbell Soups Campbell Trade Dress attained fame long prior to
Defendants first use of the Infringing Label Design on and in connection with Defendants
Products.
119. Defendants commercial use in commerce of the Infringing Label Design on
and in connection with Defendants Products has diluted the distinctive quality of
Campbell Soups Campbell Trade Dress.

31
Campbell Trade Dress, causing irreparable damage to Campbell Soup.
goodwill.
Defendants conduct is therefore willful and intentional. The intentional trading on
Campbell Soups reputation in the Campbell Trade Dress and intentional dilution of the
Campbell Trade Dress entitles Campbell Soup to damages, an accounting of profits made
by Defendants, recovery of Campbell Soups costs of this action, and any other remedies
set forth under N.J.S.A. 56-3 et seq.
COUNT X
(Trademark Dilution N.J.S.A. 56:3-13 et seq.)
124. The aforementioned acts of Defendants constitute willful trademark dilution
in violation of N.J.S.A. 56.3-13 et seq.
125. The Campbells Mark is distinctive.
126. The Campbells Mark is famous internationally, nationally and in this State.

32
127. The Campbells Mark attained fame long prior to Defendants first use of
the above described mark on and in connection with the Infringing Label Design as used on
Defendants Products.
128. Defendants commercial use in commerce of the mark described above as
part of the Infringing Label Design on and in connection with the Defendants Products has
diluted the distinctive quality of the Campbells Mark.
Campbells Mark, causing irreparable damage to Campbell Soup.
goodwill.
Defendants conduct is therefore willful and intentional. The intentional trading on
Campbell Soups reputation in the Campbells Mark and intentional dilution of the
Campbells Mark entitles Campbell Soup to damages, an accounting of profits made by
Defendants, and recovery of Campbell Soups costs of this action, and any other remedies
set forth under N.J.S.A. 56-3 et seq.
COUNT XI
(Trademark Infringement and Unfair Competition in Violation of New Jersey
Common Law)

33
133. Defendants acts complained of herein constitute trademark infringement of
the Campbell Trade Dress and unfair competition in violation of the common law of New
Jersey, as they are likely to cause confusion, mistake, or deception as to the affiliation,
connection, or association of Defendants or as to the origin, sponsorship or approval of
Defendants Products, services or commercial activities in violation of Campbell Soups
rights.
134. Defendants have willfully engaged in acts of trademark infringement and
unfair competition.
135. Defendants acts of trademark infringement and unfair competition have
caused, and if not restrained by this Court, will continue to cause Campbell Soup serious
and irreparable injury for which Campbell Soup has no adequate remedy at law.
COUNT XII
(Trademark Infringement and Unfair Competition in Violation of New Jersey
Common Law)
137. Defendants acts complained of herein constitute trademark infringement of
the Campbells Mark and unfair competition in violation of the common law of New
Jersey, as they are likely to cause confusion, mistake, or deception as to the affiliation,
connection, or association of Defendants or as to the origin, sponsorship or approval of
Defendants Products, services or commercial activities in violation of Campbell Soups
rights.
138. Defendants have willfully engaged in acts of trademark infringement and
unfair competition.

34
139. Defendants acts of trademark infringement and unfair competition have
caused, and if not restrained by this Court, will continue to cause Campbell Soup serious
and irreparable injury for which Campbell Soup has no adequate remedy at law.
JURY DEMAND
140. Campbell Soup hereby demands a trial by jury.
CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, Campbell Soup demands judgment as follows:
A. Preliminarily and permanently enjoining Defendants, their employees, agents,
officers, directors, attorneys, successors, servants, assigns, and all in privity,
active concert and participation with Defendants from:
1. Manufacturing, selling, distributing, advertising, promoting, offering for
sale, or authorizing any third party to manufacture, sell, distribute, advertise,
promote or offer for sale product using the Infringing Label Design, the
Campbell Trade Dress and/or Campbells Mark, or any derivative thereof or
any designation similar thereto,
2. Making or displaying or publishing any statement or representation that is
likely to lead the public, media or trade to believe that Defendants Products
are in any manner associated or affiliated with or approved, endorsed,
licensed, sponsored, authorized or franchised by or are otherwise connected
with Campbell Soup,
3. Using, or authorizing any third party to use in connection with the
rendering, offering, advertising, or promotion of any business, goods or
services, any false description, false representation, or false designation of
origin of any marks, names, words, symbols, devices or trade dress which

35
falsely associate such business, goods and/or services with Campbell Soup
or tend to do so,
4. Diluting the distinctive quality of the marks, items or elements comprising
the Campbell Trade Dress or Campbells Mark, and
5. Engaging in any other activity constituting unfair competition with
Campbell Soup, or constituting an infringement of the Campbell Trade
Dress or Campbells Mark
B. Directing Defendants pursuant to 15 U.S.C. 1116(a) or otherwise, to file with
the Court and serve on Campbell Soup within thirty (30) days of the entry of
any injunction, or such other time period as directed by the Court, a report in
writing and under oath setting forth in detail the manner and form in which
Defendants have complied with the injunction.
C. Ordering the recall and destruction of any marketing materials, packaging,
advertisements, receptacles, displays and products of Defendants, the
manufacture or sale of which is enjoined pursuant to any injunction ordered by
the Court, or that violate 15 U.S.C. 1125(a) or 1125(c) or any other
applicable statute.
D. Awarding Campbell Soup all damages Campbell Soup has suffered by reason of
Defendants unlawful acts, together with legal interest from the date of accrual
thereof, and trebling such damages due to Defendants willful actions.
E. Awarding Campbell Soup all profits wrongfully derived by Defendants through
their unlawful acts set forth herein, together with legal interest from the date of
accrual thereof, and trebling such damages due to Defendants willful actions.
F. Awarding Campbell Soup punitive damages in an amount to be determined at

36
trial.
G. Awarding Campbell Soup their reasonable attorneys fees and costs.
H. That this Court award Campbell Soup such other and further relief that this
Court deems just and proper.
Respectfully submitted,

By: s/ Jonathan M. Korn
BLANK ROME, LLP
A Pennsylvania LLP
Stephen M. Orlofsky
Jonathan M. Korn
301 Carnegie Center
3
rd
Floor
Princeton, NJ 08540
Phone: 609-750-7700
Facsimile: 609-750-7701

GOODWIN PROCTER LLP
Ira Jay Levy (Pro Hac Vice pending)
The New York Times Building
620 8
th
Avenue
New York, New York 10018
Phone: 212-813-8800
Facsimile: 212-353-3555

ATTORNEYS FOR
PLAINTIFFS CSC BRANDS LP
AND CAMPBELL SOUP
COMPANY
Dated: October 17, 2012


37
LOCAL CIVIL RULE 11.2 CERTIFICATION

Plaintiffs know of no other arbitration or lawsuit involving this matter, nor is any to
Plaintiffs knowledge contemplated, and Plaintiffs know of no other person who should be
joined at this time.

s/ Jonathan M. Korn
BLANK ROME, LLP
A Pennsylvania LLP
Stephen M. Orlofsky
Jonathan M. Korn
301 Carnegie Center
3
rd
Floor
Princeton, NJ 08540
Phone: 609-750-7700
Facsimile: 609-750-7701

JS 44 (Rev. 09/11)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the inIormation contained herein neither replace nor supplement the Iiling and service oI pleadings or other papers as required by law, except as provided
by local rules oI court. This Iorm, approved by the Judicial ConIerence oI the United States in September 1974, is required Ior the use oI the Clerk oI Court Ior the purpose oI initiating
the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County oI Residence oI First Listed PlaintiII County oI Residence oI First Listed DeIendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Aaaress, Telephone Number, ana Email Aaaress) Attorneys (If Known)
II. BASIS OF 1URISDICTION (Place an 'X` in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an 'X` in One Box for Plaintiff)
(For Diversity Cases Only) ana One Box for Defenaant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
PlaintiII (U.S. Government Not a Party) Citizen oI This State u 1 u 1 Incorporated or Principal Place u 4 u 4
oI Business In This State
u 2 U.S. Government u 4 Diversity Citizen oI Another State u 2 u 2 Incorporated ana Principal Place u 5 u 5
DeIendant (Inaicate Citi:enship of Parties in Item III) oI Business In Another State
Citizen or Subject oI a u 3 u 3 Foreign Nation u 6 u 6
Foreign Country
IV. NATURE OF SUIT (Place an 'X` in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL IN1URY PERSONAL IN1URY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - oI Property 21 USC 881 u 423 Withdrawal u 400 State Reapportionment
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 u 410 Antitrust
u 140 Negotiable Instrument Liability u 367 Health Care/ u 430 Banks and Banking
u 150 Recovery oI Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 450 Commerce
& EnIorcement oI Judgment Slander Personal Injury u 820 Copyrights u 460 Deportation
u 151 Medicare Act u 330 Federal Employers` Product Liability u 830 Patent u 470 Racketeer InIluenced and
u 152 Recovery oI DeIaulted Liability u 368 Asbestos Personal u 840 Trademark Corrupt Organizations
Student Loans u 340 Marine Injury Product u 480 Consumer Credit
(Excl. Veterans) u 345 Marine Product Liability LABOR SOCIAL SECURITY u 490 Cable/Sat TV
u 153 Recovery oI Overpayment Liability PERSONAL PROPERTY u 710 Fair Labor Standards u 861 HIA (1395II) u 850 Securities/Commodities/
oI Veteran`s BeneIits u 350 Motor Vehicle u 370 Other Fraud Act u 862 Black Lung (923) Exchange
u 160 Stockholders` Suits u 355 Motor Vehicle u 371 Truth in Lending u 720 Labor/Mgmt. Relations u 863 DIWC/DIWW (405(g)) u 890 Other Statutory Actions
u 190 Other Contract Product Liability u 380 Other Personal u 740 Railway Labor Act u 864 SSID Title XVI u 891 Agricultural Acts
u 195 Contract Product Liability u 360 Other Personal Property Damage u 751 Family and Medical u 865 RSI (405(g)) u 893 Environmental Matters
u 196 Franchise Injury u 385 Property Damage Leave Act u 895 Freedom oI InIormation
u 362 Personal Injury - Product Liability u 790 Other Labor Litigation Act
Med. Malpractice u 791 Empl. Ret. Inc. u 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS u 899 Administrative Procedure
u 210 Land Condemnation u 440 Other Civil Rights u 510 Motions to Vacate u 870 Taxes (U.S. PlaintiII Act/Review or Appeal oI
u 220 Foreclosure u 441 Voting Sentence or DeIendant) Agency Decision
u 230 Rent Lease & Ejectment u 442 Employment Habeas Corpus: u 871 IRSThird Party u 950 Constitutionality oI
u 240 Torts to Land u 443 Housing/ u 530 General 26 USC 7609 State Statutes
u 245 Tort Product Liability Accommodations u 535 Death Penalty IMMIGRATION
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 540 Mandamus & Other u 462 Naturalization Application
Employment u 550 Civil Rights u 463 Habeas Corpus -
u 446 Amer. w/Disabilities - u 555 Prison Condition Alien Detainee
Other u 560 Civil Detainee - (Prisoner Petition)
u 448 Education Conditions oI u 465 Other Immigration
ConIinement Actions
V. ORIGIN
TransIerred Irom
another district
(specify)
(Place an 'X` in One Box Only)
u 1 Original
Proceeding
u 2 Removed Irom
State Court
u 3 Remanded Irom
Appellate Court
u 4 Reinstated or
Reopened
u 5 u 6 Multidistrict
Litigation
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are Iiling (Do not cite jurisdictional statutes unless diversity):

BrieI description oI cause:
VII. REQUESTED IN
COMPLAINT:
u CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23
DEMAND $ CHECK YES only iI demanded in complaint:
1URY DEMAND: u Yes u No
VIII. RELATED CASE(S)
IF ANY
(See instructions).
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
CSC Brands, LP and Campbell Soup Company
Camden County
Stephen M. Orlofsky, Jonathan M. Korn, BLANK ROME, LLP 301
Carnegie Center, 3rd Floor, Princeton, NJ 08540
Chicken Soup for the Soul Publishing, LLC, Chicken Soup for the Soul
Foods LLC and Daymon Worldwide, Inc.
15 USC 1051 et. seq.
Trademark and trade dress infringement, unfair competition
10/17/2012 /s/ Jonathan M. Korn
Case 1:12-cv-06569-JEI-KMW Document 1-1 Filed 10/17/12 Page 1 of 2 PageID: 38
JS 44 Reverse (Rev. 09/11)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM 1S 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the inIormation contained herein neither replaces nor supplements the Iilings and service oI pl eading or other papers as required
by law, except as provided by local rules oI court. This Iorm, approved by the Judicial ConIerence oI the United States in September 1974, is required Ior the
use oI the Clerk oI Court Ior the purpose oI initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk oI Court Ior each civil
complaint Iiled. The attorney Iiling a case should complete the Iorm as Iollows:
I. (a) Plaintiffs-Defendants. Enter names (last, Iirst, middle initial) oI plaintiII and de Iendant. II the plaintiII or deIendant is a government agency, use only
the Iull name or standard abbreviations. II the plaintiII or de Iendant is an oIIicial within a government agency, identiIy Iirst the agency and then the oIIicial, giving
both name and title.
(b) County oI Residence. For each civil case Iiled, except U.S. plaintiII cases, enter the name oI the county where the Iirst listed plaintiII resides at the
time oI Iiling. In U.S. plaintiII cases, enter the name oI th e county in which the Iirst listed deIendant resides at the time oI Iiling. (NOTE: In land condemnation
cases, the county oI residence oI the 'deIendant is the location oI the tract oI land involved.)
(c) Attorneys. Enter the Iirm name, address, telephone number, and attorney oI record. II there are several attorneys, list them on an attachment, noting
in this section '(see attachment).
II. 1urisdiction. The basis oI jurisdiction is set Iorth under Rule 8(a), F.R.C . P., which requires that jurisdictions be shown in pleadings. Place an 'X in one
oI the boxes. II there is more than one basis oI jurisdiction, precedence is given in the order shown below.
United States plaintiII. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and oIIicers oI the United States are included here.
United States deIendant. (2) When the plaintiII is suing the United States, its oIIicers or agencies, place an 'X in this box.
Federal question. (3) This reIers to suits under 28 U.S.C. 1331, where jurisdicti on arises under the Constitution oI the United States, an amendment to the
Constitution, an act oI Congress or a treaty oI the United States. In cases where the U.S. is a party, the U.S. plaintiII or deIendant code takes precedence, and box
1 or 2 should be marked.
Diversity oI citizenship. (4) This reIers to suits under 28 U.S.C. 1332, where parties are citizens oI diIIerent states. When Box 4 is checked, the citizenship oI
the diIIerent parties must be checked. (See Section III below; Iederal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section oI the JS 44 is to be completed iI divers ity oI citizenship was indicated above. Mark this section
Ior each principal party.
IV. Nature of Suit. Place an 'X in the appropri ate box. II the nature oI s uit cannot be determined, be sure the cause oI action, in Section VI below, is
suIIicient to enable the deputy clerk or the statistical clerks in the Administrative OIIice to determine the nature oI suit. II the cause Iits more than one nature oI
suit, select the most deIinitive.
V. Origin. Place an 'X in one oI the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed Irom State Court. (2) Proceedings initiated in state cour ts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
Ior removal is granted, check this box.
Remanded Irom Appellate Court. (3) Check this box Ior cases remanded to the district court Ior Iurther action. Use the date oI remand as the Iiling date.
Reinstated or Reopened. (4) Check this box Ior cases reinstated or reopened in the district court. Use the reopening date as the Iiling date.
TransIerred Irom Another District. (5) For cases transIerred under Title 28 U.S.C. Section 1404(a). Do not use this Ior within district transIers or multidistrict
litigation transIers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transIerred into the district under authority oI Title 28 U.S.C. Section 1407. When this
box is checked, do not check (5) above.
Appeal to District Judge Irom Magistrate Judgment. (7) Check this box Ior an appeal Irom a magistrate judge`s decision.
VI. Cause of Action. Report the civil statute directly related to the cause oI action and give a brieI description oI the cause . Do not cite jurisdictional statutes
unless diversity. Example: U.S. Civil Statute: 47 USC 553
BrieI Description: Unauthorized reception oI cable service
VII. Requested in Complaint. Class Action. Place an 'X in this box iI you are Iiling a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands oI dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section oI the JS 44 is used to reIerence related pending cases, iI any. II there are related pending cases, insert the docket numbers
and the corresponding judge names Ior such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

EXHIBIT A
UNITED STATES PATENT AND TRADEMARK OFFICE
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
www.uspto.gov
REGISTRATION NO: 1544679 SERIAL NO: 73/755834 MAILING DATE: 03/17/2009
REGISTRATION DATE: 06/20/1989
MARK: CAMPBELL'S AND DESIGN
REGISTRATION OWNER: CSC Brands LP
CORRESPONDENCE ADDRESS:
Jennifer C. Debrow
Gray Plant Mooty Mooty & Bennett, P.A.
P.O. Box 2186
Minneapolis MN 55402
NOTICE OF ACCEPTANCE
15 U.S.C. Sec. 1058(a)(3)
THE COMBINED AFFIDAVIT AND RENEWAL APPLICATION FILED FOR THE ABOVE-IDENTIFIED REGISTRATION
MEETS THE REQUIREMENTS OF SECTION 8 OF THE TRADEMARK ACT, 15 U.S.C. Sec. 1058.
ACCORDINGLY, THE SECTION 8 AFFIDAVIT IS ACCEPTED.
***********************************************
NOTICE OF RENEWAL
15 U.S.C. Sec. 1059(a)
THE COMBINED AFFIDAVIT AND RENEWAL APPLICATION FILED FOR THE ABOVE-IDENTIFIED REGISTRATION
MEETS THE REQUIREMENTS OF SECTION 9 OF THE TRADEMARK ACT, 15 U.S.C. Sec. 1059.
ACCORDINGLY, THE REGISTRATION IS RENEWED.
***********************************************
THE REGISTRATION WILL REMAIN IN FORCE FOR CLASS(ES):
029.
ROBERSON, FAITH
PARALEGAL SPECIALIST
POST-REGISTRATION DIVISION
571-272-9500
PLEASE SEE THE REVERSE SIDE OF THIS NOTICE FOR INFORMATION
CONCERNING REQUIREMENTS FOR MAINTAINING THIS REGISTRATION
ORIGINAL
REQUIREMENTS FOR MAINTAINING A FEDERAL TRADEMARK REGISTRATION
I) SECTION 8: AFFIDAVIT OF CONTINUED USE
The registration shall remain in force for 10 years, except that the registration shall be canceled for failure to file an Affidavit of
Continued Use under Section 8 of the Trademark Act, 15 U.S.C. Sec. 1058, at the end of each successive 10-year period
following the date of registration.
Failure to file the Section 8 Affidavit will result in the cancellation of the registration.
II) SECTION 9: APPLICATION FOR RENEWAL
The registration shall remain in force for 10 years, subject to the provisions of Section 8, except that the registration shall
expire for failure to file an Application for Renewal under Section 9 of the Trademark Act, 15 U.S.C. Sec. 1059, at the end of
each successive 10-year period following the date of registration.
Failure to file the Application for Renewal will result in the expiration of the registration.
NO FURTHER NOTICE OR REMINDER OF THESE REQUIREMENTS WILL BE SENT TO THE REGISTRANT BY THE
PATENT AND TRADEMARK OFFICE. IT IS RECOMMENDED THAT THE REGISTRANT CONTACT THE PATENT AND
TRADEMARK OFFICE APPROXIMATELY ONE YEAR BEFORE THE EXPIRATION OF THE TIME PERIODS SHOWN
ABOVE TO DETERMINE APPROPRIATE REQUIREMENTS AND FEES.

EXHIBIT B

EXHIBIT C

EXHIBIT D

Chicken Soup for the Soul to Launch Line of Delicious, Nutritious Comfort Foods
Comfort Food Line to Begin with Soups, Followed by Full Range of Favorites
PR Newswire
COS COB, Conn., Aug. 23, 2012
COS COB, Conn., Aug. 23, 2012 /PRNewswire/ -- Chicken Soup for the Soul, the famous book publisher
and world leader in life improvement, inspiration and wellness, has created a line of nutritious, quality
comfort foods that will soon be available in supermarkets and food retailers across the country.


Chicken Soup for the Soul Foods will launch its national line of comfort foods in early 2013, beginning
with soups. Inspired by real people and their stories about food, family, and feelings, the line will expand
quickly in 2013 and 2014 to include a full range of more than 100 comfort food products in a variety of
different categories. Perfect for singles or busy families, many items will offer convenient ways to
shorten meal prep time and serve delicious meals in minutes, such as gravies, broths and meal starters
that can be used to start a variety of different meals, including pot pies, casseroles and stews. All items
in the food line will also be designed with today's health-conscious consumer in mind.
"With hundreds of millions of books in print, which have been sold in more than 100 countries, our
worldwide group of readers and fans know that the 'Chicken Soup for the Soul' name represents a
trusted and familiar source for stories and products that resonate and inspire," said Bill Rouhana, chief
executive officer of Chicken Soup for the Soul. "Meal times play such an important role in living a well-
balanced life that our readers and fans have asked us for years to launch a food line. By creating a line
of delicious comfort foods that warm the heart and nourish the soul, we are providing yet another way
that we can always be there to care for and support our community."


Launching the line will be seven soups, led by iconic Chicken Noodle, made with tender chunks of
chicken, egg noodles and vegetables in a signature broth. Other varieties will include traditional
favorites such as Chicken and Rice, Creamy Tomato, and Mushroom Barley, as well as unique blends
including Country Style Squash, Sweet Corn and Chipotle, and Hearty Black Bean. The initial soups will
be available in 15 oz and 24 oz reusable and recyclable traditional glass mason jars.
Chicken Soup for the Soul Foods is a partnership of Chicken Soup for the Soul Publishing, LLC, and
Daymon Worldwide, a full-service, global retail branding and sourcing company that works directly with
the world's leading suppliers and retailers. "To achieve our goal of creating a new kind of comfort food
that is both delicious and nutritious, we followed our usual practice of seeking a world class partner that
has deep knowledge of all aspects of its industry. Daymon's extensive network of supplier partners and
understanding of the needs of grocery retailers made it the perfect partner for us on this mission," said
Rouhana.
"Bringing specialty brands to market is part of Daymon's commitment to helping our suppliers and
retailers grow," said Carla Cooper, chief executive officer of Daymon Worldwide. "One of our goals is to
generate new opportunities for suppliers across a wide variety of categories, and innovative products
and brands will do just that. For retailers, adding these brands to the assortment enhances key
categories and can help drive store traffic. With strong consumer awareness and established brand
loyalty, specialty brands, like Chicken Soup for the Soul, are poised for immediate success."

About Chicken Soup for the Soul Foods:
Established in July 2012, Chicken Soup for the Soul Foods is a partnership of Chicken Soup for the Soul
Publishing, LLC, the owner of the iconic brand known by more than 88 percent of adults in the United
States, and Daymon Worldwide, the global retail branding and sourcing leader. With a full line of
comfort foods that warm the heart and nourish the soul, Chicken Soup for the Soul Foods will include a
variety of products that are inspired by real people and their stories about food, family, and feelings to
provide today's health-conscious families with quality, wholesome meals. Many items in the product
line will offer convenient ways to shorten meal prep time and serve delicious meals in minutes.
About Daymon Worldwide:
Daymon Worldwide is the only full-service, global retail branding and sourcing partner. Daymon works
directly with the world's leading suppliers and retailers to drive sales and profitable growth through
customized brand-building and sourcing solutions. The company's expertise includes branding &
strategy, insights & measurement, private brand development, and shopper marketing. Founded in
1970, today Daymon has 22,000 associates worldwide, with offices in over 20 countries on six
continents. For more information, visit www.daymon.com.


About Chicken Soup for the Soul Publishing, LLC:
Chicken Soup for the Soul Publishing, LLC is best known for publishing the book series of the same name.
Since 1993, books in the Chicken Soup for the Soul series have sold more than 100 million copies in the
U.S. and Canada alone. Chicken Soup for the Soul titles have been sold in more than 100 countries and
translated into more than 40 languages. Chicken Soup for the Soul Publishing also licenses the right to
use its famous brand to high-quality licensees. The company is currently implementing a plan to expand
into all media including a daily talk show, TV specials, a major motion picture, and rapidly expanding
digital offerings dedicated to life improvement, emotional support, inspiration, and wellness. In 2007,
USA Today named Chicken Soup for the Soul one of the five most memorable and impactful books in the
last quarter century. For more information, visit www.chickensoup.com.
Media contacts:
Lisa Rhodes
lisa@rhodesmorellcomm.com
P: 860-339-5666
Rusty Shelton
rusty@sheltoninteractive.com
P: 512-785-4469
Brenda Williams
BrendaWilliams@daymon.com
P: 203-352-7667
SOURCE Chicken Soup for the Soul Foods LLC


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BLANK ROME, LLP

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