Free Transfer Document - District Court of California - California

Case 3:08-cv-01493-JM-BLM Case 2:08-cv-01252-WBS-EFB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v.

Document 21 Filed 07/15/2008 Page 1 of 2 Document 18-2 Filed 07/08/2008 Page 1 of 2

DOWNEY BRAND LLP MICHAEL J. THOMAS (Bar No. 172326) APARNA RAJAGOPAL-DURBIN (Bar No. 218519) 555 Capitol Mall, Tenth Floor Sacramento, CA 95814-4686 Telephone: (916) 444-1000 Facsimile: (916) 444-2100 E-mail: [email protected] E-mail: [email protected] Attorneys for Plaintiff Nutrishare, Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Nutrishare, Inc., a California corporation, Plaintiff,

Case No. 2:08-CV-01252-WBS-EFB
DECLARATION OF KERRY STONE REGARDING ACTUAL CONFUSION

BioRx, LLC, an Ohio Limited Liability Company, Defendant.

I, Kerry Stone, hereby declare as follows: 1. I am an individual residing in La Jolla, California. I make this declaration of my

own personal knowledge, and if called to testify, could and would testify consistent with the facts stated herein. 2. I am a registered dietitian with Crescent Healthcare, Inc., a home infusion

provider. I have known of Nutrishare for several years and am acquainted with its co-founder, Tom Diamantidis. 3. As I make this declaration, I am attending the 2008 Oley Foundation Conference

in San Diego, California, which began on Thursday, July 26, 2008 and ends tonight. I am representing Crescent Healthcare, Inc., which is one of the exhibitors at this conference. A sign on the table at lunch yesterday indicated that lunch was sponsored by NutriThrive. The name
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DECLARATION OF KERRY STONE

Case 3:08-cv-01493-JM-BLM Case 2:08-cv-01252-WBS-EFB

Document 21 Filed 07/15/2008 Page 2 of 2 Document 18-2 Filed 07/08/2008 Page 2 of 2