Complaint Tony Chachere's V Big Easy Foods

Case 6:11-cv-01712-RFD-CMH Document 1 Filed 09/23/11 Page 1 of 19 PageID #: 1
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA Tony Chacheres Creole Foods Of Opelousas, Inc. Plaintiff, v. Big Easy Foods of Louisiana, L.L.C. ) ) ) ) ) ) ) ) ) )
CIVIL ACTION NO:
JUDGE:
MAG. JUDGE:
Defendant
VERIFIED COMPLAINT Plaintiff, Tony Chacheres Creole Foods of Opelousas, Inc., states for its complaint: The Parties 1. Plaintiff, Tony Chacheres Creole Foods of Opelousas, Inc. (hereinafter "Tony
Chachere's"), is a Louisiana corporation, with an office located at 519 North Lombard Street, Opelousas, Parish of St. Landry, Louisiana 70571. 2. On information and belief, Defendant Big Easy Foods of Louisiana, L.L.C.,
formerly known as French Market Foods, Inc., (hereinafter "Big Easy") is a Louisiana limited liability corporation, located and doing business at 3935 Ryan Street, Lake Charles, Parish of Calcasieu, Louisiana 70605. 3. This action arises, in part, under the Trademark Act of 1946 (as amended), 15
U.S.C. 1051, et seq. This Court has jurisdiction over Count I and II of this action pursuant to 15 U.S.C. 1125(a) and 28 U.S.C. 1331 and 1338, and supplemental jurisdiction over the claims alleged in Counts III, IV, V and VI pursuant to the inherent powers of the Court. Venue is
predicated on 28 U.S.C. 1391(b) and (c).
By contract (Exhibit 4, Co-Branding Agreement,
Paragraph 19a) the parties agreed to venue to St. Landry Parish, Louisiana. 4. Defendant transacts business and is found within the Western District of
Louisiana and is within the jurisdiction of this Court for purposes of service of process. Many of the unlawful acts committed by the Defendant, as hereinafter alleged, have been or will be, in whole or in part, carried out and made effective within this District and in Louisiana. The interstate trade and commerce described hereinafter is carried out in part within this District. The Facts NATURE OF TRADE AND COMMERCE 5. Plaintiff Tony Chachere's is a manufacturer, marketer and seller of packaged food
products, in particular frozen and other prepackaged foods and meals including frozen shrimp and sausages. 6. Plaintiff, either directly or through licensees, offers its line of packaged food
products in inherently distinctive packaging featuring unique, distinctive and memorable colors, fonts, design elements, photographs, laudatory phrases and in some cases recipes and cooking suggestions. Features of Tony Chachere's inherently distinctive Trade Dress ("Tony Chachere's Trade Dress") include, inter alia, specifically positioned and sized curly, bright, colorful banners that follow a certain left to right upward pattern, use of specific colors for these banners to indicate amount of package content, such as for frozen shrimp, where blue indicates the least amount, and yellow the most, or to indicate certain ingredients of the packaged product, such as the type of packaged sausage, bright colored splotches to indicate weight or other feature of product, memorable photographs of uniquely arranged food items, use of a single bright, solid color as the background for the packaging, the color green as a feature in a majority of the
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packaging, display of the TONY CHACHERE'S trademark in bright red with a thin white and black shaded outline, specific fonts and typestyles for each product, placement of recipes on the back of the package, specific coloring and style of various words displayed on packaging, including "Wild Caught Gulf Shrimp" in blue shading and rounded typesetting on frozen shrimp products, and "Shrimp" in black and white shading and rounded typesetting for shrimp bulk sales, and "Chicken Sausage" in black on a yellow banner for chicken sausages, a "three part setup" on clear packages for shrimp bulk sales, including the word "Shrimp" on top, a banner describing the amount in the middle, and a black, rectangular, rounded box at the bottom describing the processing status of the content, and the TONY CHACHERE'S mark above this setup, and specific arrangement and proportions of all these design elements on the packaging. A collection of samples of the Tony Chachere's Trade Dress is attached and made a part hereof as Exhibit 1. 7. Tony Chachere's and its predecessors-in-interest began use of elements of the
Tony Chachere's Trade Dress continuously in the United States and Louisiana since at least as early as 1976. 8. Plaintiff started its business with its famous TONY CHACHERE'S Creole
seasoning, and has expanded its product line since to about fifty products, including frozen shrimp, prepared chicken, turkey, Tur-Duc-Hen, sausages, shrimp, and other entrees and frozen foods. 9. Over the years, Tony Chachere's has changed its trade dress, yet it has always
kept all or most of the unique and memorable elements listed above as part of its trade dress. 10. Plaintiff Tony Chachere's is the owner of all right, title and interest to the Tony
Chachere's Trade Dress.
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11.
Tony Chachere's packaged food products identified by its distinctive Trade Dress
have traditionally been sold and are currently being sold in grocery stores throughout the South, particularly in Louisiana. 12. Tony Chachere's expends a great deal of time, energy and money promoting its
packaged foods products offered and sold in connection with the Tony Chachere's Trade Dress, inter alia, through internet websites, television, billboards, radio, magazine advertisements, and other media, and has received a high amount of third party publicity over the years. Examples of Plaintiff's promotional efforts and third party publicity are attached as Exhibit 2. 13. In 2005, Plaintiff teamed up with Emeril Lagasse, one of America's most-watched
TV chefs, for a campaign to promote U.S.-certified premium wild shrimp from the Gulf of Mexico. 14. During the 2009-2010 football season, Plaintiff's advertising included extensive
pre-game, game-time, and post-game radio coverage on top-ranked stations across Alabama, Florida, Georgia, Louisiana, Mississippi, Tennessee, South Carolina, Texas, and Oklahoma. 15. In 2009, Plaintiff organized televised cooking segments with Executive Media
Chef Kelly Williams in Biloxi, MS, Baton Rouge, LA, Shreveport, LA, St. Louis, MO, Kansas City, MO, Memphis, TN, Little Rock, AR, Beaumont, TX, Jackson, MS, Nashville, TN, Knoxville, TN, Monroe, LA, Tallahassee, FL, Panama City, FL, Tyler, TX, Fayetteville, AR, Chicago, IL, Jacksonville, FL, Rockford, IL, Houston, TX, Greenville, MS, and Orlando, FL. In 2010, similar cooking segments with different popular chefs were organized in Baton Rouge, New Orleans, LA, St. Louis, MO, Houston, TX, Little Rock, AR, Memphis, TN, Biloxi, MS, Jackson, MS, Atlanta, GA, Savannah, GA, Jacksonville, FL, Orlando, FL, Wichita, KS, Tulsa, OK, Knoxville, TN, Asheville, NC, Chicago, IL, Beaumont, TX, Tallahassee, FL, Shreveport,
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LA, Monroe, LA, and Birmingham, AL. This year, Plaintiff has already covered about 30 cities in the South with its televised cooking segments. 16. During the month of November 2010, Plaintiff had about 500 primetime TV spots
for a commercial featuring Plaintiff's products, on networks including ESPN, CNN, CNN Headline News, Fox News Network, Food Network, CMT, and Cartoon Network. 17. From August to December 2010, Plaintiff's food products were featured in a
media campaign in approximately 44,000 primetime spots on ESPN, ESPN2, CNN, CNN Headline News, Fox News Network, MSNBC, Food Network, CMT, Nickelodeon, and Cartoon Network. A similar campaign was run in 2009, on networks including ESPN, ESPN2, CNN, Fox News Network, MSNBC, Food Network, Cox Sports, Weather Channel, NFL Channel, and Fox Sports South. This year, Plaintiff's food products are being featured in a media campaign from September 2011 through January 2012 in approximately 42,760 primetime spots on ESPN, ESPN2, Fox Sports, CNN, CNN Headline News, Fox News Network, MSNBC, CNBC, The Weather Channel, Food Network, CMT, Nickelodeon, Cartoon Network, and Disney Channel. 18. Another of Plaintiff's media campaigns has been continuously running since 2010
on Comcast, Cox and Charter Sports Media, including a nationally televised cook-off competition, 30-second spots, hosted in-game coverage, 10-second opening/closing billboards, live on-air mentions, special programming such as a Tony Chacheres one-hour special recapping the College World Series, and online cross-promotion. Comcast Sports Southeast alone has about 6.3 million subscribers with a reach of 10 million. 19. Since 2003, Plaintiff has expended in excess of $17,000,000.00 for promoting its
food products in connection with its Trade Dress.
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20.
During a single radio campaign in 2009, Plaintiff expended about $250,000 on
radio advertising its products in eight southern states, including Jackson, MS radio, Many/Natchitoches Radio group, Monroe radio, Shreveport radio, and Moreauville radio, and numerous other radio stations. 21. From 2003 to 2011, gross sales for TONY CHACHERE'S branded products
sold in its distinctive Trade Dress totaled in excess of $230,000,000.00. 22. In particular, Plaintiff's Tur-Duc-Hens are highly popular. In 2008, Defendant, as
Plaintiff's exclusive licensee at the time, sold between 65,000 and 70,000 Tur-Duc-Hens packaged in the Tony Chachere's Trade Dress. An image of Plaintiff's packaging for its Tur-DucHen is attached as Exhibit 3. 23. As a result of Tony Chachere's long, extensive and continuous use of the Tony
Chachere's Trade Dress in connection with its packaged food products, including frozen shrimp and sausages, and as a result of the public exposure given to it through extensive sales, advertising, promotion and publicity, the Tony Chachere's Trade Dress has acquired distinctiveness and developed secondary meaning and has become a strong, well and favorably known, and even a famous designation of origin for packaged food products, including frozen shrimp and sausages, and Tony Chachere's has developed valuable trademark and trade dress rights to the Tony Chachere's Trade Dress. 24. Defendant Big Easy manufactures, markets and sells food products, including
frozen and prepackaged foods, such as sausages and frozen shrimp. 25. In March 2003, Tony Chachere's and Big Easy executed a co-branding
Agreement ("Co-Branding Agreement") whereby Plaintiff licensed Defendant, then known as French Market Foods, to manufacture, advertise and sell products using Plaintiff's trademarks
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including the Tony Chachere's Trade Dress, such as packaging style, colors, and specific designs on the packaging. A copy of the Co-Branding Agreement is attached as Exhibit 4. 26. Section 2(f) of the Co-Branding Agreement provides that "Licensee may not
manufacture, sell, distribute, nor advertise any products that compete with those which it manufactures, sells, distributes and advertises under this Agreement." 27. In section 5(d) of the Co-Branding Agreement, Defendant, i.e. the Licensee,
agrees that "it recognizes that the Tony Chachere's Trademarks is a highly valuable asset of Licensor [Plaintiff] and will not disparage or infringe the Tony Chachere's Trademarks, Licensee shall not, directly or indirectly, do anything that may have an adverse effect on Licensee's ownership rights in the Tony Chachere's Trademarks or dilute or diminish the value, reputation or appurtenant goodwill thereof." 28. On April 11, 2011, Defendant wrote Plaintiff that it intended to begin offering
products under a brand name it owned, that the scheduled change would take place around July 2011, and that at that time Defendant would transition from Tony Chachere's branded products to its own brand. A copy of the letter is attached hereto as Exhibit 5. 29. In response, Plaintiff sent a letter to Defendant noting that it regarded this letter as
an immediate termination of the relationship according to section 12(c) of the Co-Branding Agreement, and informed Defendant of its three (3) month deadline according to Section 14(c) to phase out Defendant's promotion and sale of Tony Chachere's branded products. A copy of this letter is attached as Exhibit 6. 30. Section 14(c) includes, inter alia, a paragraph prohibiting any sale of products not
manufactured before termination of the Co-Branding Agreement.
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31.
After Plaintiff's letter to Defendant, correspondence between the parties and
Counsel for the parties ensued as to breaches of the Co-Branding Agreement, and the parties' rights and duties following the termination of the Co-Branding Agreement. 32. On June 2, 2011, Counsel for Defendant sent a letter to Counsel for Plaintiff
requesting samples of and information regarding Plaintiff's trade dress to "avoid incorporating" any of Plaintiff's trade dress rights in Defendant's rebranded products. A copy of this letter is attached as Exhibit 7. 33. On June 9, 2011, Counsel for Plaintiff responded and included samples of
Plaintiff's packaging, photographs showing specific food arrangements including its distinctive packaging for "Wild Gulf Shrimp," and other promotional materials. A copy of this letter is attached as Exhibit 8. 34. The letter further noted that the attached samples were not a complete
representation of Plaintiff's intellectual property rights, and that Plaintiff wanted to be sure that Defendant created its own trade dress and logos. 35. Counsel for Plaintiff spelled out some of the highly distinctive elements of the
Tony Chachere's Trade Dress, such as the banner style on packaging, amount and placement of such banners, photographs of food items prepared in the distinctive Tony Chachere's style, and the manner of application and proportion of such photographs as to the rest of the packaging surface. 36. On July 22, 2011, Counsel for Defendant sent another letter to Counsel for
Plaintiff, noting that Defendant regarded August 1, 2011 as the date of termination of the CoBranding Agreement. A copy of this letter is attached as Exhibit 9.
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37.
Upon information and belief, Defendant Big Easy sold packaged food products in
connection with the Tony Chachere's Trade Dress at least until September 2011. 38. Upon information and belief, Big Easy began manufacturing and selling packaged
foods and meals, including frozen shrimp and sausages, in connection with a packaging trade dress confusingly similar to Tony Chachere's Trade Dress ("Infringing Trade Dress") in connection with the mark BIG EASY sometime in July 2011, or earlier. Copies of packaging for some of Defendants products, also sold directly next to Plaintiff's products, are attached as Exhibit 10. 39. The Infringing Trade Dress packaging displays banners in a style, color, size and
at locations that are almost identical to Plaintiff's banner designs on its packaging. The content, font, size and style of the wording on Plaintiff's and Defendant's packaging is identical in many respects. For example, the words "Wild Caught Gulf Shrimp" in Exhibit 10 is an exact copy of Plaintiff's packaging, even the shades of blue. The proportions, location and number of the design elements on Defendant's packaging are almost identical to Plaintiff's. Defendant's mark BIG EASY is displayed in bright red with a thin white and black shaded outline, which are the same colors and same style that Tony Chachere's uses for its TONY CHACHERE'S
trademark. 40. Defendant is advertising its infringing products, inter alia, on billboards, the
internet, television, newspaper, a cooking trailer and in magazines. Copies of such advertisements are attached as Exhibit 11. 41. The wholesaler Costco's website located at www.costco.com advertises for "Big
Easy Foods Creole Style Tur-Duc-Hen" which is linked to customer reviews dated between
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November 2010 to January 2011, explicitly referencing TONY CHACHERE'S meat products. A copy the website at www.costco.com dated September 15, 2011, is attached as Exhibit 12. 42. The wholesaler Sam's Club also combined displays of Defendant's BIG EASY
brand name and products with customer reviews for Plaintiff's TONY CHACHERE'S food products. A copy the website at www.samsclub.com dated September 20, 2011, showing the reviews is attached as Exhibit 13. 43. The website located at www.cajungrocer.com advertises Defendant's BIG EASY
products with images of Plaintiff's products, in particular images of Plaintiff's sausage packages. A copy the website at www.cajungrocer.com dated September 20, 2011, is attached as Exhibit 14. 44. Mr. Steven Joubert, a member of Plaintiff's regional sales team, was contacted by
several customers and store personnel in the course of his business who noted that they were confused over the appearance of BIG EASY brand products, that they had the impression or belief that Tony Chachere's was no longer in business or no longer selling prepared and frozen foods, and that BIG EASY brand products have replaced Plaintiff's products. See Joubert Declaration attached as Exhibit 15. 45. On information and belief, Defendant Big Easy's copying of the Tony Chachere's
Trade Dress was and is deliberate and intentional. UNLAWFUL CONDUCT OF DEFENDANT 46. Defendant's use of the Infringing Trade Dress constitutes trademark infringement
and unfair competition and is likely to cause confusion, including reverse confusion, deception and mistake, in that it will lead consumers to believe, falsely, that the products of Defendant are licensed, sponsored, franchised, approved or in some way connected with Plaintiff Tony Chachere's. -10-
47.
The goods of Plaintiff Tony Chachere's and Defendant are offered to members of
the general public, with Defendant acting in direct competition with Plaintiff. 48. Confusion as to the source of Plaintiff's and Defendant's food products is likely,
in particular because Defendant is currently selling the same food products to the exact same customers as Defendant used to sell to as Tony Chachere's licensee. Considering that some of Tony Chachere's branded products have been manufactured and distributed by Big Easy for over eight years, customers are highly likely to assume that the infringing BIG EASY products with the same look and feel as products the Tony Chachere's Trade Dress must originate from Plaintiff, perhaps as a lower-cost "value brand." 49. 50. Actual customer confusion has occurred. Any defect, complaint, fault or adverse publicity in connection with Defendant's
products offered under or in conjunction with the infringing trade dress will necessarily reflect adversely on Plaintiff Tony Chachere's and seriously injure the reputation which Plaintiff Tony Chachere's has established in the field of packaged food products. 51. Plaintiff Tony Chachere's has suffered and will continue to suffer irreparable
harm in the form of damage to business reputation, goodwill, and distinctive quality of the Tony Chachere's Trade Dress, and has suffered and will suffer other damages including loss of sales and profits and business opportunity due to Defendant's actions. 52. Defendant has also breached its obligations under the Co-Branding Agreement in
that Defendant failed to comply with Sections 2(f) and 5(d) for selling competing goods and infringing goods. COUNT I
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FEDERAL UNFAIR COMPETITION AND FALSE DESIGNATION OF ORIGIN 53. Plaintiff realleges and incorporates herein by reference the allegations contained
in Paragraphs 1 through 52, inclusive, above. 54. On information and belief, Defendant's use of the Infringing Trade Dress is likely
to deceive, and has actually deceived, the public into believing, falsely, that Defendant's food products are those of, sponsored or approved by, or in some way associated with Plaintiff Tony Chachere's, or that Plaintiff Tony Chachere's products are those of, sponsored or approved by, or in some way associated with the Defendant, to the great injury of Plaintiff Tony Chachere's trade and goodwill and to the injury of the public. The aforesaid acts constitute federal unfair competition in the form of false representation, and false designation of origin in interstate commerce, all in violation of 15 U.S.C. 1125(a). 55. Plaintiff Tony Chachere's has suffered and will continue to suffer irreparable
harm in the form of damage to business reputation, goodwill, and distinctive quality of the Tony Chachere's Trade Dress, and has suffered and will suffer other damages including loss of sales and profits, and other monetary damages, and business opportunity due to Defendant's actions. WHEREFORE, Plaintiff prays for judgment against Defendant as set forth in the prayer for relief. COUNT II FEDERAL ANTI-DILUTION 56. Plaintiff realleges and incorporates herein by reference the allegations contained
in Paragraphs 1 through 55, inclusive, above. 57. On information and belief, Defendant's use of the infringing trade dress after
Plaintiff's adoption of the Tony Chachere's Trade Dress is likely to dilute the distinctive qualities of the famous and distinctive Tony Chachere's Trade Dress, to the great injury of Plaintiff Tony -12-
Chachere's trade, goodwill, distinctive quality of the Tony Chachere's Trade Dress and to the injury of the public. The aforesaid acts constitute dilution under 15 U.S.C. 1125(c). 58. Tony Chachere's has suffered and will continue to suffer irreparable harm in the
form of damage to business reputation, goodwill, and distinctive quality of the Tony Chachere's Trade Dress, and has suffered and will suffer other damages including loss of sales and profits, and other monetary damages, and business opportunity due to Defendant's actions. WHEREFORE, Plaintiff prays for judgment against Defendant as set forth in the prayer for relief. COUNT III LOUSIANA TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION 59. Plaintiff realleges and incorporates herein by reference the allegations contained
in Paragraphs 1 through 58, inclusive, above. 60. The aforesaid acts of Defendant constitute trademark infringement and unfair
competition under the law of the State of Louisiana and are likely to cause confusion, including reverse confusion, deception and mistake among members of the consuming public and the trade as to the source of products offered by Defendant, to the irreparable injury of Plaintiff Tony Chachere's, including injury to its sales and profits. 61. Tony Chachere's has suffered and will continue to suffer irreparable harm in the
form of damage to business reputation, goodwill, and distinctive quality of the Tony Chachere's Trade Dress, and has suffered and will suffer other damages including loss of sales and profits, and other monetary damages, and business opportunity due to Defendant's actions. WHEREFORE, Plaintiff prays for judgment against Defendant as set forth in the prayer for relief.
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COUNT IV LOUISIANA DILUTION AND INJURY TO BUSINESS REPUTATION 62. Plaintiff realleges and incorporates by reference the allegations contained in
paragraphs 1 through 61 inclusive, above. 63. The aforesaid acts of Defendant constitute dilution and injury to business
reputation under La. R.S. 51:223.1, in that Defendant's use of the Infringing Trade Dress is likely to dilute the distinctive quality of the Tony Chachere's Trade Dress, and likely to injure Plaintiff's business reputation. 64. Plaintiff Tony Chachere's has suffered and will continue to suffer irreparable
harm in the form of damage to business reputation, goodwill, and distinctive quality of the Tony Chachere's Trade Dress, and has suffered and will suffer other damages including loss of sales and profits, and other monetary damages, and business opportunity due to Defendant's actions. WHEREFORE, Plaintiff prays for judgment against the Defendant as set forth in the prayer for relief. COUNT V LOUISIANA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 65. Plaintiff realleges and incorporates herein by reference the allegations contained
in Paragraphs 1 through 64, inclusive, above. 66. Defendant used Plaintiffs name, brand and distribution network to gain access to
Plaintiffs retail outlets and now uses, in competition against Plaintiff, access and information gained during the contract. Furthermore, based upon information and belief, Defendant appears to be spreading misinformation regarding Plaintiffs business operational status. 67. The aforesaid acts of Defendant constitute unfair business acts or deceptive acts
or practices in the conduct of any trade or commerce under La. R.S. 51:1401-1419.
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68.
Plaintiff Tony Chachere's has suffered and will continue to suffer irreparable
harm in the form of damage to business reputation, goodwill, and distinctive quality of the Tony Chachere's Trade Dress, and has suffered and will suffer other damages including loss of sales and profits, and other monetary damages, and business opportunity due to Defendant's actions. WHEREFORE, Plaintiff prays for judgment against Defendant as set forth in the prayer for relief. COUNT VI BREACH OF CONTRACT 69. Plaintiff realleges and incorporates herein by reference the allegations contained
in Paragraphs 1 through 68, inclusive, above. 70. 71. The aforesaid acts of Defendant constitute breach of the Co-Branding Agreement. Defendant has been and is manufacturing, promoting, advertising and selling
competing packaged food products and infringing products in violation of Sections 2(f) and 5(d) of the Co-Branding Agreement. 72. Plaintiff Tony Chachere's has suffered and will continue to suffer irreparable
harm in the form of damage to business reputation, goodwill, and distinctive quality of the Tony Chachere's Trade Dress, and has suffered and will suffer other damages including loss of sales and profits, and other monetary damages, and business opportunity due to Defendant's actions. WHEREFORE, Plaintiff prays for judgment against Defendant as set forth in the prayer for relief. Prayer For Relief WHEREFORE, Plaintiff demands judgment against Defendant and respectfully requests relief as follows:
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(1)
That Defendant and its officers, directors, agents, owners, employees and
attorneys and all persons acting under, by or in concert with them or any of them found to have committed acts of unfair competition against Plaintiff Tony Chachere's in relation to the Tony Chachere's Trade Dress be forthwith permanently enjoined and restrained from any of the following: (a) using the Infringing Trade Dress or any trade dress confusingly similar to
the Tony Chachere's Trade Dress as a designator of origin, trademark, service mark or trade name, or otherwise marketing, advertising, or identifying Defendant's products; (b) making any statement or representation, or using any false designation of
origin or false description or performing any act which is likely to lead the trade or public, or individual members thereof, to believe that the products offered by Defendant are in any manner associated or connected with, sponsored by or approved by Plaintiff Tony Chachere's, or that the products of Plaintiff are in any manner associated or connected with Defendant; (c) (d) (2) otherwise infringing or diluting the Tony Chachere's Trade Dress; and unfairly competing with Plaintiff Tony Chachere's in any manner.
That Defendant be directed to file with this Court and serve upon Plaintiff within
thirty (30) days after service of the permanent injunction requested in Paragraph (1) above, a report in writing, under oath, setting forth in detail the manner and form in which Defendant has complied with, and will continue to comply with, the injunction. (3) That Defendant be required to deliver up for destruction all packaging, literature,
promotional material, advertising, signage and other material bearing the Tony Chachere's Trade Dress or any other trade dress or designations so similar to the Tony Chachere's Trade Dress as to be likely to be confusing or deceptive to the consuming public or that will dilute the
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distinctive quality of the Tony Chachere's Trade Dress, together with all means of making the same. (4) That Plaintiff Tony Chachere's be awarded damages suffered as a result of the
unlawful acts of Defendant, in an amount to be determined by the Court. (5) (6) That Plaintiff be awarded Defendant's profits after an accounting. That Plaintiff be awarded treble damages or profits, whichever is greater, plus
reasonable attorneys' fees, due to the exceptional nature of this case pursuant to 15 U.S.C. 1117(a) and/or pursuant to La. R.S. 51:1401 et seq. (7) (8) appropriate. A Jury Trial is hereby demanded. That Plaintiff recover its costs in the suit. That Plaintiff have such other and further relief as the Court may deem
Respectfully Submitted: Leefe Gibbs Sullivan Dupr & Aldous /s/ Richard K. Leefe Richard K. Leefe, Bar No.7544, Trial Attorney One Lakeway Suite 1470 3900 North Causeway Blvd. Metairie, La. 70002 (504) 830-3939 Fax: 830-3998 E-mail: [email protected] Of Counsel: Thomas W. Brooke, Esq. Holland & Knight LLP 2099 Pennsylvania Avenue, N.W. Suite 100 Washington, D.C. 20006 202-663-7271
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Service Information: Please Serve: Big Easy Foods of Louisiana, L.L.C. Through its Registered Agent: Mark T. Abraham 3935 Ryan Street Lake Charles, Louisiana 70605
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Case 6:11-cv-01712-RFD-CMH Document 1-1 Filed 09/23/11 Page 1 of 1 PageID #: 20
EXHIBIT 1
712-RFD-CMH Document 1-2 Filed 09/23/11 Page 10 of 1
v-01712-RFD-CMH Document 1-2 Filed 09/23/11 Page 11 of 14 P
v-01712-RFD-CMH Document 1-2 Filed 09/23/11 Page 12 of 14 P
Onion reen G with

Nutrition Facts
Serv. Size 2 oz. (55g) Servings about 20 Calories 150 Fat Cal. 100 Total Fat 11g Saturated Fat 4g Trans Fats 0g Cholesterol 50mg Sodium 400mg
Amount per serving
**Percent Daily Values (DV) are based on a 2,000 calorie diet. Vitamin A 2% Vitamin C 2% Calcium 2% Iron 25%
17% Total Carbs. 2g 1% 20% Fiber 0g 0% Sugars 1g 17% Protein 14g 17%
%DV** Amount per serving %DV**
Ingredients: Pork, Water, Green Onions, Salt, Sugar, Sodium Nitrite, Garlic, Ground Red Pepper, White Pepper, Sodium Acetate, Crushed Red Pepper, Sodium Erythorbate, Natural Flavors. Stovetop Cooking Instructions: Place sausage in a pot & fill with water until sausage is covered. Bring water to a boil then reduce heat to a simmer for 10-15 minutes.
SAFE HANDLING INSTRUCTIONS This product was prepared from inspected and passed meat and/or poultry. Some food products may contain bacteria that could cause illness if the product is mishandled or cooked improperly. For your protection, follow these safe handling instructions Keep refrigerated or frozen. Thaw in refrigerator or microwave. Keep raw meat and poultry separate from other foods. Wash working surfaces (including cutting boards), utensils, and hands after touching raw meat or poultry. Cook thoroughly. Keep hot foods hot. Refrigerate leftovers immediately or discard.
KEEP REFRIGERATED REQUIRES FURTHER COOKING
INSPECTED AND PASSED BY DEPARTMENT OF AGRICULTURE
U.S.
EST. 13251
FRENCH MARKET FOODS, 3935 RYAN ST., LAKE CHARLES, LA 70605, 1-888-626-7264
NET WT. 2.5 lbs. (1131g)
EXHIBIT 2
Food Processing Ithaca, IL 07/2005 CIRC: 65,000
Bringing Louisiana's Riches to the Home Table

A Hot Time in the Old Town Tonight
To get that authentic Louisiana taste in any food, Tabasco is king Made on Avery Island in Louisiana by the Mcllhenny family since 1868, it is used as a table sauce and as a flavoring in cooking. Tabasco brand pepper sauce (www. tabasco.com) is made with only three ingredients: fully aged red peppers, high-grain vinegar and a smallarriount of salt mined right on Avery Island. The pepper mash is allowed to ferment and age for up to three years in white oak barrels, much like wine, and a member of the Mdlhenriy family inspects every batch for color and aroma before fipal production. Tabasco's Scoville Unit rating is 2,500 - 5,000, which means It's hot, (The Scoville unit is a measure of capsaicin, the chemical in hot peppers responsible for their heat.) Jazz Up Dinner Tonight Gretna, La-based Zatarain's (www.zatarain.com) is the nation's leading maker of New Orleans-style food. It has a large variety of seafood boils, breadings, condiments and sauces, pasta dinner mixes, ready-to-serve mixes, rice dinner mixes, seasoning and spices, side dishes, stuffing mixes and even root beer extract. Makln' Magic Creole Cache Opelousas, La.-based Ijjn^Chachere's Creole Foods (www.tonychachere.com) began in 1972 as a retirement hobby for South Louisiana Chef Tony Chachere. Still family owned and operated, it has become one of the largest brands in Creole foods. Chachere semi-retired from the operations of his food company at age 76 in 1981, and continued to perfect his recipes and develop new food products, which indude seasoning blends, boxed dinner mixes, gravy mixes, fry batters and marinades. A glowing climax to his career in the culinary arts came in March 1995 when his colleagues in the American Culinary Federation honored him as the first inductee into the Louisiana Chefe Hall of Fame. He died one week later at 89. Ragm' Cajun Chef Emerii Lagasse sells a variety of his Essence spices and rubs, sperialty sauces, salad dressings, pasta sauces, bastings, marinades, salsas, coffee and mustards at www.emeriis.com and at selected retailers. Recently he began selling wild-caught frozen fresh shrimp.
InTheBag
Cajun Chef John folse (www.jfolse.com), Gonzalez, La., provides a variety of Cajun and Creole seasonal seafood, meats, cheese, seasonings and mixes, old world bread'and desserts and soups and entrees including crawfish etouffees -packaged in sealed plastic boiling bags.
Accommodating his many customers and fans, Chef Paul Prudhomme's Magic Seasoning Blends, New Orleans, provides seasoning blends, salts, marinades, pepper sauce, rice mixes, red beans & rice, Louisiana rice, dried chilies, desserts, coffee, smoked meats and sauce concentrates to both processors and consumers. See www.chefpaul.com.
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Ann Arbor News Ann Arbor, MI 05/02/2005 CIRC: 53,747
Emeril puts name on American shrimp

wine," said Eddie Gordon, who heads Wild American Shrimp Inc., a group that formed to organize the marketing campaign with $6 million in grant money from the ILS. government. BY CAIN BURDEAU The Associated Press "They spend all this time talking about wine in seafood restaurants, why aren't they NEW ORLEANS - Emeril Latalking about seafood! I think gasse, one of America's mostit's our fault," Gordon said. watched TV chefs, has signed on to a campaign to get Americans Emeril's shrimp are appearhooked on premium American ing oil supermarkets along the shrimp and give a boost to the East Coast, in the Southeast and Southern shrimping industry. in California. If wild American shrimp proves to be a winner, Lagasse and the well-known the company will expand into Louisiana food brand., Tony... other areas, said Craig Borges Chachere's Creole Foods, are with the New Orleans Fish CHERYL GERBERAP selling U.S.-certified "Wild American Shrimp," joining a Chef Emeril Lagasse presents his House, a seafood company dohandful of other companies and golden shrimp stew after a ing the packaging and distriburestaurant chains also taking cooking demonstration in New tion for Emeril's-brand shrimp. part in the program. Orleans last week. Lagasse and His famous name helps sell The government-funded cam- Cajun food entrepreneur Tony the shrimp. As soon as Theresa paign has been in the works for Chachere are signing on to a Currie saw Emeril's shrimp at over a year and aims at differ- campaign to sell premium Gulf her grocery store on in the New Orleans suburb of St. Tammany entiating American shrimp of Mexico shrimp. Parish, she bought a bag: Emerfrom cheap, pond-raised imports. It was sparked by a desire campaign hopes to win Ameri- il's 16-ounce bags of large-sized to create a niche market like cans over to the taste of shrimp shrimp sold for $11.99, $1 more that for Alaskan salmon, Maine harvested in waters off the than a generic brand of imports. lobster and Angus beef. south Atlantic states and in the "I would assume -1 know it's an assumption - but if it is "I am all about American Gulf of Mexico. "Once they become aware Emeril, it's local," she said. "He seafood and have been for 30 years. I'm proud to be a part of there's a higher-quality product has a good reputation." the campaign, especially work- out there, they're going to deStill, getting Currie to buy the ing with Louisiana shrimpers," mand it," said Larry Avery, shrimp was an easy sale: She'd Lagasse said. "Many families managing partner of Gulf Island heard all about the campaign have been in the shrimping busi- Shrimp and Seafood LLC, which because her husband works in ness for generations - and they owns the Chachere brand. "It is the seafood business. are battling to stay in business." a sweeter-flavored shrimp." Getting less shrimp-sawy Chachere, who died at 90 in shoppers in places such as The idea behind the certification program is to bolster the 1995, helped popularize Cajuh Maryland, California and the price Southern processors and and Creole food with cookbooks Midwest to pay more for Amerfishermen get for their shrimp. specializing in seafood and wild ican shrimp than they do for imImports halved the value of do- game. He also was known for ported varieties will be much mestic shrimp in the past three his seasonings, instant roux and tougher, said John Connelly, president of the National Fishyears, driving many American gravy mixes. _J shrimpers out of business. The "Seafood needs to be like eries Institute.
Imports have halved the domestic price in the past three years
***
Town Talk Alexandria, LA 05/01/2005 CIRC: 42,195
Emeril takes walk on 'wild' side

Flamboyant TV chef, Tony Ghachere brand give boost to state shrimp industry
; NEW ORLEANS (AP) Emeril Lagasse, one of America's most-watched TV chefs, has signed onto a campaign to get Americans hooked on premium American shrimp and give a boost to the Southern shrimping indusiry. Lagasse and the well-known Louisiana food brand Tony Chachere's Creole Foods are selling U.S.-certified ''Wild American Shrimp," joining a handful of other companies and restaurant chains also taking part in the program. The government-funded campaign has been in the works for ova a year and aims at differentiating American shrimp from cheap, pondraised imports. It was sparked by a desire to create a niche market like that for Alaskan salmon, Maine lobster and Angus beef. "I am all about American seafood and have been for 30 years. I'm proud to be a part of the campaign, especially working with Louisiana shrimpers/' Lagasse said. "Many families have been in the shrimping business for generations
and they are battling to stay inbusiness." The idea behind the certification program is to bolster the price Southern processors and fishermen get for their shrimp. Imports halved the value of domestic shrimp in the past three years, driving many American shrimpers out of business. The campaign hopes to win Americans over to the taste of shrimp harvested in waters off the South Atlantic states and in the Gulf of Mexico. "Onee they become aware there's a higher-quality product out there, they're going to demand it," said Larry Avery, managing partner of Gulf Island Shrimp and Seafood LLC, Which owns the Chachere brand. "It is a sweeter-flavored shrimp." Chachere, who died at 90 in 1995, helped popularize Cajun and Creole food with cookbooks specializing in seafood and wild game. He also was known for his seasonings, instant roux and gravy mixes. "Seafood needs to be like wine," said Eddie
/ ^
American Press Lake Charles, LA 05/01/2005 CIRC: 41,507
NEW ORLEANS (AP) g of t{fe names most

isociated with Louisiana
king Emeril Lagasse Tonv Chachere are g on to a campaign to premium Gulf of Mexico Imp. Lagasse, one of America's most watched TV chefs, $pjff"., the Chachere brand are ' " coming out with product lines touting "Wild American ihrimp" U.S.-eertified imp. The government-funded certification program has been in the works for over a year and iiiteh#. to dlfferentiate American shrimb fifpmchetip,pond-tailed "_') imports. ': .' The campaign was sparkedby a desire to create a niche market like Alaskan bmck Angus beef have.' ' "I am all about American salmon, Maine lobster and
Chef Emeril* \ "Many families have been Lagasse holds in the shrimping business for different-size generations and they are I shrimp during a battling to stay in business." cooking demonThe aim is to bolster the stration In New price Southern processors ~ Orleans. Lagasse, and fishermen get for their and the Tony shrimp. i ci (*'.[ Chachere brand. Imports halved the value are signing on to, of domestic shrimp in the a campaign to past three years, driving sell premium Gulf many American shrimpers of Mexico shrimp. out of business. The campaign hopes to The aim is tfo- bolwin Americans over to the ster the price taste of shrimp harvested in -Southern proceswaters off tip South Atlantic s o r s and fisher 4 ' states and in the Gulf of men get f o r t h e i r Mexico. shrimp.
ASSOCIATED PRESS
shrimpers," Lagasse said:
seafood and have been for 30 years. I'm proud to be a part
of the campaign, especially working with Louisiana
"Once they become aware there's a higher-quality product out there, they're going to demand it," said
) See SHRIMP,PageES
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SHRIMP:Âlready hit La. grocery Stores

from PACE E4
Larry Avery, managing partner of Gulf Island Shrimp and Seafood LLC, which owns the Chachere brand. "It is a sweeter-flavored shrimp." Chachere, who died at 90 in 1995, helped popularize Cajun and Creole food with cookbooks specializing in seafood and wild game. He also was known for his seasonings, instant roux and gravy mixes. Unlike Emeril, Gulf Island was already in the business of selling shrimp before the new certification program started. With the spring shrimp season kicking into gear along the Gulf Coast, the company's two processors in southern Louisiana will be busy inspecting and certifying shrimp. "Seafood needs to be like wine," said Eddie Gordon, who heads Wild American Shrimp Inc., a group that formed to organize the marketing campaign with $6 million in grant money from the U.S. government. "Gosh, they spend all this time talking about wine in seafood restaurants. Why aren't they talking about
seafood. I think it's our fault," Gordon said. "People heed to sit down and start talking about the different kinds of shrimp, the different kinds of salmon." Emertt's bags of frozen shrimp have already hit the market in grocery stores in St. Tammany Parish, an affluent suburb of New Orleans. As soon as Theresa Currie, a teacher and mother, saw Emeril's new "U.S. Grade A" shrimp she bought a bag. Emeril's 16-ounce bags of large-size shrimp were selling for $11.99, $1 more than a generic brand of imports. "I would assumeI know it's an assumptionbut if it is Emeril, it's local," she said. "He has a good reputation." But getting Currie to buy the shrimp was an easy sale: She'd heard all about the campaign because her husband works in the seafood business. Getting less shrimp-savvy
shoppers in places such as Maryland, California and the Midwest to pay more for American shrimp than they do for imported varieties will be much tougher, said John Connelly, president of the National Fisheries Institute. But he said there's a good chance the marketing , strategy will pay off, especially in light of the growing appetite Americans have for seafood in general. "For some consumers, their mouths just water when they hear 'Wild American Shrimp' or 'Wild American Salmon,'" Connelly said. But he said imports have their place, too. "Some people savor a nice juicy shrimp from the Gulf, but for some that taste is too overpowering and they want the milder taste of black tiger (shrimp) from Asia."
On the Net: Wild American Shrimp,www.wildamerican shrimp.com; Emeril's, www. emerils.com; Tony Chachere, www.tonychachere.com.
Stuart News Stuart, FL 04/30/2005 CIRC: 41,170
Emeril, Tony Chachere endorse 'Wild American Shrimp'

NEW ORLEANS Emeril Lagasse, one of America's most-watched TV chefs, has signed onto a campaign to get Americans hooked on premium American shrimp and give a boost to the southern shrimping industry. ! Lagasse and the well-known Louisiana food brand Tony Chachere's Creole Foods are selling U.S.-certified "Wild American Shrimp," joining a handful of other companies and restaurant chains also taking part irt the program. The government-funded campaign aims ^t differentiating American shrimp from cheap, pond-raised import^. It was sparked by a desire to create a niche market like that for Alaskan salmon, Maine lobster and Angus beef. V
""*"
SN Supermarket News New York, NY 05/09/2005 CIRC: 39,651
MEAT SEAFOOD DAIRY
A&P Leads Rollout of Wild American Shrimp

By ROBERT VOSBURGH NEW YORK A number of retailers with stores in the Southeast and East Coast are introducing a line of frozen shrimp certified as wild American, and labeled as such under the new countryof-origin rules. A&P, Montvale, N.J., became the first national retailer to roll out products, branded under chef Emeril Lagasse. Emeril's Louisiana Shrimp is available in bags of 36-45 count, extra large (raw peeled/shell off); 26-35 count, extra large (raw headless/shell on); 50-70 count, medium (raw peeled/shell off); and 16-25 count, jumbo (raw headless/shell on). The chain paired introductory pricing throughout its divisions with purchases of the star chef's existing lines of sauces and marinades. "A&P jumped on it very aggressively," said Craig Borges, owner of New Orleans Fish House, the processor that supplies the Emeril line. "It's part of an Emeril week A&P is doing, caJled '12-3 Bam!' It's based around the shrimp. They're already on sale but you get another dollar off if you buy two of the other products." The 30% introductory discount on the shrimp ap plied to all four varieties, each packed in l-pound bags. The bags are also stamped with a certification mark from Wild American Shrimp Inc., a M t . Pleasant, S.C.based organization created by the Southern Shrimp Alliance to p r o m o t e wildcaught U.S. shrimp. "What we found was we needed a certification-type program modeled after the one for Certified Angus Beef," said Eddie Gordon, WASI's executive director. "We thought if there's no such thing as just plain beef, there didn't have to be one for wild American shrimp." WASI certification is primarily conducted b y inspectors from the U.S Dep a r t m e n t of Commerce, though qualified third parties, like universities, are also inspecting processors. WASI began operating last June, and the launch of the shrimp as a branded entity started with the Emeril line, as well as products from Tony Chachere's, Orleans, Bumble Bee and S c o t t ' s Pride, among others. "After May 1, you'll see [Emeril's shrimp] in Stop & Shop/Giant-Carlisle stores," said Borges, noting that A&P had one week of exclusivity with the line. However, operators in non-competing markets, such as Publix Super Markets, Lakeland, Fla., began offering Emeril's at about the same time as A&P. Albertsons, Kroger and WalMart Stores are also gearing u p to offer t h e shrimp, though sourced from other suppliers and merchandised under different names. The introduction coincided with the start of country-of-origin labeling rules governing seafood. The use of the on-pack WASI certification mark will serve not only a regulatory purpose, but also as reassurance for consumers, Gordon said "They a s s u m e t h e y ' r e
U P often four Emeril shrimp products.
eating wild-caught shrimp," he said. "However, 85% of the shrimp consumed here is not caught in the Gulf of Mexico or South Atlantic. It's imported from overseas and most of that is farmraised." Currently, only about 5% 225 million pounds of the 1.4 billion p o u n d s of shrimp consumed every year in the United States is wild American.
Anniston Star Anniston, AL 05/01/2005 CIRC: 27,463
EmeriPs' Wild American Shrimp'

TV chef, Tony Chachere brand come out with U.S. certified seafood
BY CAIN BURDEAU
Associated Press
i "
NEW ORLEANSTwo of the names most associated with Louisiana cooking Emeril Lagasse and TjQriy Chachere are signing on to a campaign to sell premium Gulf of Mexico shrimp. Lagasse, one ofAmerica's most-watched TV chefs, and the Chachere brand are Coming out with product lines touting "Wild American Shrimp"U.S. certified shrimp. The government-funded' certification program has been in the THE LINK works for over a year and intends to differentiate Wild Amer- American shrimp from ican Shrimp: c h e a p , p o n d - r a i s e d http://www.w imports. The campaign was ildamerican- sparked by a desire to create a niche market like Alaskan shrimp.com salmon, Maine lobster and Emeril's: black Angus beef have. "I am all about American seafood and have been for30years. I'mproudtobe a part of the campaign, especially working with Louisiana shrimpers," Lagasse said. "Many families have been in the shrimping business for generations; and {hey are battling to stay in business." The aim is to bolster the price Southern processors and fishermen get for their shrimp. Imports halved the value of domestic shrimp in the past three years, driving many American shrimpers out of business. The campaign hopes to win Americans over to the taste of shrimp harvested in waters off the South Atlantic states and in the Gulf of Mexico.
http://www.e merils.com Tony Cachere: http://www.to nycachere.c om
Cheryl Gerber/Associated Press
Chef Emeril Lagasse presents different size shrimp Wednesday during a cook-, ing demonstration in New Orleans. Lagasse, one of America's most-watched TV chefs, and the Tony Chachere brand are signing on to a campaign to sell premium Gulf of Mexico shrimp.
"Once they becomeaware there's ahigher-quality product out there, they're going to demand it," said Larry Avery, managing partner of Gulf Island Shrimp and Seafood LLC, which owns the Chachere brand. "It is a sweeter-flavored shrimp." Chachere, who diod at 90 in 1995, helped popularize Cajun aid Creole food with cookbooks specializing in seafood and wild game. He also was knownforhis seasonings, instant roux and gravy mixes. Unlike Emeril, Gulf Island was already in the business of selling shrimpbefore the new certification program started. With the spring shrimp seasonMcking into gear along
the Gulf Coast, the company's two processors in southern Louisiana will be busy inspecting and certifying shrimp. "Seafood needs to be like wine," said Eddie Gordon, who heads Wild American Shrimplnc, a group that formed to organize the marketing campaign with $6 million in grant money fromfileU.S. government. Emeril's bags of frozen shrimp have already hit the market in grocery stores in St. Tammany Parish, an affluent suburb of New Orleans. As soon as Theresa Currie saw Emeril's new "U.S. Grade A" shrimp she bought a bag.
Daily Iberian New Iberia, LA 05/01/2005 CIRC: 16,000
am! Lagasse teams with Tony Chachere brand to promote Gulf shrimp
NEW ORLEANS (AP) Two of the names most associated with Louisiana cooking Tony Chachere and Emeril Lagasse are signing onto a campaign to sell premium Gulf of Mexico shrimp. Lagasse, one of America's most watched TV chefs, and the Chachere brand are coming out with product lines touting "Wild American Shrimp"U.S. certified shrimp. The government-funded certification.program has been in the works for over aêar and intends to differentiate American shrimp from cheap, pond-raised imports. The campaign was sparked by a desire to create a niche market like Alaskan salmon, Maine lobster and black Angus beef. "I am all about American seafood and have been for 30 years. I'm proucLto be a part of the campaign, especially working with Louisiana shrimpers," Lagasse said. "Many families have been in the shrimping businessforgenerationsand they are battling to stay in business." The aim is to bolster the price Southern processors and fishermen get for their shrimp. Imports halved the value of domestic shrimp in the past three years, driving many American shrimpers out of business. The campaign hopes to win Americans over to the taste of shrimp harvested in waters off the South Atlantic states and in the Gulf of Mexico. "Once they become aware there's a high"~
"I am all about American seafood and have been for 30 years.'
Emeril Lagasse Louisiana chef
er-quality product out there, they're going to demand it," said Larry Avery, managing partner of Gulf Island Shrimp and Seafood LLC, which owns theiChachere brand. "It is a sweeter-flavored shrimp." "Seafood needs to be like wine," said Eddie Gordon, who heads Wild American Shrimp Inc., a group'that formed to organize the marketing campaign with $6 million in grant money from the U.S. government. "Gosh,, they spend all this time talking about wine in seafood restaurants, why aren't they talking about seafood! I think it's our fault," Gordon said. "PeOple need to sit down and start talking about the different kinds of shrimp, the different kinds of salmon." Emeril's bags of frozen shrimp have already hit the market in grocery stores in
ASSOOATED PRESS
Chef Emeril Lagasse presents his golden shrimp stew after a cooking demonstration in New Orleans. Lagasse and the Tony Chachere brand are signing on to a campaign to sell premium Gulf of Mexico shrill
St. Tammany Parish, an affluent suburb of New Orleans. Getting less shrimp-savvy shoppers in places like Maryland, California and the Midwest to pay more for American shrimp than they do for imported varieties will be much tougher, said John Connelly president of the National Fisheries Institute. But he said there's a good chance the marketing strategy will pay off, especially in light of the growing appetite Americans have for seafood in general.
Islander Gulf Shores, AL 11/01/2006 CIRC: 6,000
lonv.unacfiere brings i>reoie-styie cooKing >or Days Festival in Foley

SubmNad
Cooking for the Heritage Harbor Days Festival reflects the true spirit of the Ibny Chachere Creole Foods Company of Opelousas, La. The company was founded in 1972 by Anthony "Ibny" Chachere, whose passion was to share the Creole style of cooking and preserve the recipes of the south Louisiana cuisine. Chachere waa 65 years-old and had retired for the second time in his life, when his love of Louisiana cooking lead to
the creation of a successful cookbook and ultimately the comC y that bares name and now sells more than 50 products throughout the United States. The "cooking crew" from Tony Chachere will bring that same passion for good food to Foley as they prepare Creole .lambalaya and deep fried Creole turkey which
has been injected with a deli cious marinade Tony's first product, and no doubt his best known, is the famous Tony Chachere Creole
the popular rice dinners, such as Jambalaya. Dirty Rice and Gumbo, fish fry batters, rice lar green container and bean dinner mixes, can be instant roux and gravy mixes found in the and a variety of microwave spice secable dinners and entreat. tion of It started with a passion for stores everywhere. good food and a cookbook /However, Now more than 30 years and now the a million cookbooks later, the company cooks from Tbny Chachere provides many more products Creole Foods are proud to which feature the popular share their passion at the Cajun cuisine. Included are Heritage Harbor Days delicious injectable marinades, Festival
Times-Picayune New Orleans, LA 06/29/2006 CIRC: 281,573
FOOD BRIEFS
JEWISH COOKBOOKS DONATED TO FLOOD VICTIMS: Two thousand copies of the new cookbook "Divine Kosher Cuisine" are being given to Gulf Coast cooks who lost their cookbooks in Hurricane Katrina, thanks to a collaboration between Congregation
8 p.m. A Green Plate Special meal will be offered. The Crescent City Farmers Market operates Saturdays at 700 Magazine St. from 8 a.m. to noon, and on Tuesdays at 170 Broadway from 9 a.m. to 1 p.m. The market will be open on the Fourth of July, serving free hot dogs and watermelon while it lasts. Local blues duo Slewfoot will play, and Crepes a la Cart will make fresh crepes in the Green Plate Special tent. Fred Kasten of WWNO will broadcast.
The Gretna Farmers Market is Saturday mornings from 8:30 a.m. to H}Q$ l $H$n Huey P., Long Avenue , Niskayuna, N.Y., and Wimmer ;>. between 3rd and 4th streets. The Cdbkbcoks'i a'printing house In Market. Committee will grill fresh Memphis, Tenn. Betty Lazarus, vegetable packets for tasting, and librarian at Gates of Prayer Kermlt Venable will provide Cajun Synagogue in Metalrie, sent a letter to music. Doyle Hanson will sharpen the Association of Jewish Libraries knives. asking for replacement books. "Divine The Covington Farmers Market Kosher Cuisine" is a hardbound, fulloperates Saturdays from 9 a.m. to 1 color collection of contemporary and p.m., and Wednesdays from 10 a.m. traditional recipes produced by the to 2 p.m., on the side lawn of City synagogue's catering chefs' and oo-. Hall, 609 N.Columbia St. Call authors, Rise Routenberg and (985) 892-1873 for information. Barbara Wasser, working-with writer Annette Keen, photographer Harvey A TASTE OF TONY'S: Dorignac's Food Mendelson, and more than, 150 Center, 710 Veterans Memorial Blvd. congregant volunteers. Copies of the book have been sent to synagogues in In Metalrie, will host a complimentary tasting of Tonv Chachere's line of the Gulf region; those who lost their Louisiana Creole*foods Saturday and books and want a copy .can contact their local synagogde or Adam , Sunday from 11 a.m. to 6 p.m. Bronstone at the Jewish Federation Representatives from Tony of New Orleans. Chachere's will prepare deep-fried turkeys, jambalaya andâusages. FOLSE BRINGS "ENCYCLOPEDIA" TO PBS: Chef John Folse and Louisiana Public Broadcasting are creating 26 new episodes in the "A Taste of Louisiana" television series. The new program titled, "Louisiana's Food Heritage: The Encyclopedia Series," Is the companion to Folse's "The Encyclopedia of Cajun & Creole Cuisine," already in its fourth printing in less than two years. Programs are devoted to the seven nations that most influenced Louisiana's culture and cuisine, as well as the Cajun arid Creole cultures. Folse visits historic sites and interviews notable Louisianians such as Chef Leah Chase and historian Gwendolyn Midlo-Hall. Taping began June 21 at the LPB studio, and the series is set to air statewide in the fall, with a national uplink scheduled for spring. For more
ooo UAA/W ifnka rr\m
MICHAEL DRESSER'S WN O T E IE F H W E : 2005 Three Thieves Unoaked EK Chardonnay ($11). Wine is about fruit, and too many chardonnayH are n e u t e r e d by t h e heavyhanded use of oak. This California wine, which comes in a liter jug with a classy modern screw cap, delivers pure fruit flavor, with hints of pear, peach, lemon, orange and tropical fruits. Twenty percent chenin blanc, gewurztraminer and muscat of Alexandria gives it a spicy character. Serve with Thai, 'Vietnamese or similar cuisine. The Baltimore Sun
Case 6:11-cv-01712-RFD-CMH Document 1-3 Filed 09/23/11 Page 13 of 27 PageID #: 47 Detroit Free Press
Detroit, M I 11/05/2008 C I R C : 329,989
Detroit
TURDUCKEN WRAPS TURKEY, DUCK AND CHICKEN INTO A TASTY THANKSGIVING PACKAGE
3 birds,
FREE PRESS TEST KfTCHEN DIRECTOR
no bones
BY SUSAN SELASKY
More holiday food help

Here's what's corning up in the Free Press this month: Nov. 12; Turkey dinner on a budget. Freep.com video: Turkey 101. Nov. 19: New twists on side dishes. Nov. 26: Leftovers, a cook's best friend.
Where to buy turducken

If you're interested in serving turducken for Thanksgiving, here are several suppliers. When ordering, be sure to allow enough, time (at least several days) for shipping and thawing. Some of these places listed here also offer a turducken roll. I f s a smaller product without the legs and wings of the turkey. I www.samsclub.com: Sells the TonyChachere's brand online only. A 12-pound turducken with Creole combread and pork rice dressing ~fc$4837 www.cajungrocer.com: A 13-pound turducken with Creole pork sausage and combread stuffing is $64.95. I www.tonydiacheres.com: A 15-pound turducken that will feed about 20 people is about $70". Ifs stuffed with combread stuffing and pork rice dressing. I www.hefbertsmeats.com: An 8- to 10-pound turducken with combread dressing and pork sausage stuffing is $62.95. What shall we have for Thanksgiving this year? How about a turducken? A turducken is a trio of birdstur (turkey), duck (duck) and en (chicken) all nestled together. It sounds like the beginning of a tall tale: There once was turkey that lost all its bones and was stuffed with a duck that swallowed a chicken. They were all separated by a spicy, flavorful stuffing and then seamed back together in one meaty package. All that meat comes at a price it's at least three times more expensive than a tradi-
tional turkey. And that's without the shipping fees.
LAST YEAR, READER John Smeekens of Clinton Township called the Free Press Test Kitchen looking for a local source for turducken. "I read an article about it in the Michigan United Conservation Clubs magazine and I Turkey, stuffing Googled it and I and chutney couldn't believe t h e recipes, 3C number of hits on it," I Make your own says Smeekens. "It returducken, 3C ally sounded interesting, and who would have ever thought to take a duck, stuff it with a chicken and stuff that inside a turkey?" But instead of for Thanksgiving or Christmas, Smeekens ordered it for New Year's Day from Tony Chachere's (SASHrees) in Louisiana. He got a holiday pack that came with a 12-pound turducken, 1 Preheat the oven to 375 degrees. Rinse turkey breast and pat dry. Carefully debone it, keeping the entire breast intact. Trim any " excess fat and form to an even shape. Place it on a flat surface, skin side up. Gently separate and remove the skin from breast meat, being careful not to tear the skin. Flip turkey over, and lay flat. If the turkey breast is not an even thickness, cover with plastic wrap and gently pound with a mallet or a rolling pin to make it even. Season all over with salt and pepper

Daily Gazette Sterling, IL 11/12/2008 CIRC: 12,871
GAZETTE
Trio of birds makes tasty holiday package
BY SUSAN SELASKY DETROIT FREE PRESS
DAILY
What shall we have for Thanksgiving this year? How about a turducken? A turducken is a trio of birds - turkey (tur), duck (duck) and chicken (en) all nestled together. It sounds like the beginning of a tall tale: There once was turkey that lost all its bones and was stuffed with a duck that swallowed a chicken. They were all separated by a spicy, flavorful stuffing and then seamed back together in one meaty package. All that meat comes at a price - it's at least three times more expensive than a traditional turkey. And that's without the shipping fees. Folks from French Market Foods in Louisiana, from which we ordered the turducken, say their expert meat cutter can debone a turkey in 2 minutes and a chicken in 1 minute. French Market Foods produces turduckens (and other meats) for private labels and is the retail operation for Tony Chachere's products. "We sell 65,000 to 70,000 a year," says Scott Arrant, an owner of French Market Foods. "It's almost 100 percent yield on it. It's a great product; people who order from us order over and over again." With its solid meat and huge portion of breast meat, turduckens need a long, slow cooking method, so me meat doesn't dry out. The instructions with nur turducken said it
should be cooked at 350 degrees covered for 4 hours; then cooked 1 hour uncovered so the skin browns. It took every bit of that, and it did turn out moist. We were advised to cook the turducken in a tight roasting pan. (Turduckens are held together only by the skin of the turkey. If it's allowed to expand, there's a chance it will split during roasting.) Turduckens have been around since the 1980s, mainly in the South. They are very popular in Louisiana. Some sources say it all started with the famous Cajun chef Paul Prudhomme.
Hunting turducken
If you're interested in serving turducken, here are several suppliers. When ordering, be sure to allow at least several days for shipping and thawing. Some places also offer a turducken roll. It's a product without the legs and wings of the turkey. www.samsclub.com: Sells the Tony Chachere's brand online only. A 12pound turducken with Creole cornbread and pork rice dressing is $48.37. www.cajungrocer.com: A15-pound turducken with Creole pork sausage and cornbread stuffing is $64.95. tonychacheres.com: A 15-pound turducken that will feed about 20 people is about $70. It's stuffed with cornbread stuffing and pork rice dressing. hebertsmeats.com: An 8- to 10-pound turducken with cornbread dressing and pork sausage stuffing is $62.95.

The Daily Advertiser Lafayette, LA 11/12/2008 CIRC: 40,491
THE DAILY ADVERTISER
Turducken wraps birds into one package

ducken to see what all the fuss is about. After all,' John What shall we have for Madden, the NFL commentator, is a huge fan. Southern sweetie Thanksgiving this year? Paula Deen has featured her How about a turducken? A turducken is a trio of birds own on the Food Network and is turkey (tur)t duck (duck) and including one in upcoming chicken (en) all nestled episodes. Folks from French Market together. It sounds like the beginning Foods in Louisiana, from which of a tall tale: There once was. we ordered the turducken, say turkey that lost all its bones and their expert meat cutter can was stuffed with a duck that debone a turkey in two minutes swallowed a chicken. They were and a chicken in one minute. all separated by a spicy, flavor- French Market Foods produces ful stuffing and then seamed turduckens (and other meats) back together in one meaty for private labels and is the retail operation for Tony package. All that meat comes at a Chachere's products. "We sell 65,000 to 70,000 a price it's at least three times more expensive than a tradi- year," said Scott Arrant, an tional turkey And that's with- owner of French Market Foods. "It's almost 100 percent yield on out the shipping fees. .Reader John Smeekens of it. It's a great product; people Clinton Township, Mich., called who order from us order over the test kitchen looking for a and over again." With its solid meat and huge local source for turducken. "I read an article about it in portion of breast meat, turduckthe Michigan United ens need a long, slow cooking Conservation Clubs magazine method so that the meat doesn't and Googled it, and I couldn't dry out. The instruction to our turbelieve the number of hits on it," he said, "It really sounded ducken said it should be cooked interesting, and who would at 350 degrees covered for 4 have ever thought to take a hours; then cooked 1 hour duck, stuff it with a chicken < M TURDUCKEN on Pmf SC and stuff that inside a turkey?" uncovered so the skin But instead of for browns. It took every bit of Thanksgiving or Christmas, that, and did turn out moist. Smeekens ordered it for New We were advised to cook the Year's Day from Tony turducken in a tight roastHharhfirft's in Louisiana. He got ing pan. (Turduckens are a holiday pack that came with a held together only by the skin of the turkey If it's 12-pound turducken, 1 pound of allowed to expand, there's a shrimp, 2 pounds of cornbread chance it will split during dressing, 2 pounds of rice dress- roasting.) ing, 8 ounces of Tony When it was all done and Chachere's seasoning and a ready to eat, tasters raved Creole cookbook. Without ship- about the aroma and the look of the golden brown ping, it was $59.95.
Susan Selasky Gannett News Service
tiiwHu/1ran Tha flavnr rone
moist and delicious and fans of duck loved the flavor combinatioa Turduckens have been around since the '80s, mainly in the South. They are very popular in Louisiana. Some sources say it all started with the famous New Orleans chef Paul Prudhomme.' A recipe for turducken can be found in The Prudhomme Family Cookbook: Old-time Louisiana Recipes, by the 11 Prudhomme brothers and sisters (the book is out of print but may be found used). An Internet search also listed a 2005 National Geographic article pointing to Hebert's Specialty Meats as another early source of turducken publicity. Hebert's Web site (www.hebertsmeats.com) says the turducken was invented 25 years ago. In Louisiana, turduckens are available yearround; they are popular not only for Thanksgiving, but for New Year's Day and Super Bowl parties. In northern states, they are harder to come by But at family-owned Peacock's Poultry Farm in Troy, Mich., manager Lora Preston has been making her version of a turducken for several years, after seeing one on television. "I started doing them for me and my family," she said. "Customers started watching me do it and now I do them on a preorder basis." Preston makes -hers using a boneless turkey
hronot w i t h the s k i n On.
Case 6:11-cv-01712-RFD-CMH Document 1-3 Filed 09/23/11 Page 16 of 27 PageID #: 50 Iowa City Press-Citizen Iowa City, IA 11/19/2008 CIRC: 13,148
Press-Citizen
Iowa City
This year, try turducken

Trio of birds makes for a tasty Thanksgiving package
Gannett News Service What shall we have for Thanksgiving this year? How about a turducken? A turducken is a trio of birds turkey (tur), duck (duck) and chicken (en) all nestled together. It sounds like the beginning of a tall tale: There once was turkey that lost all its bones and was stuffed with a duck that swallowed a chicken. They were all separated by a spicy, flavorful stuffing and then seamed back together in one meaty package. All that meat comes at a price it's at least three times more expensive than a traditional turkey. And that's without the shipping fees. Reader John Smeekens of Clinton Township, Mich., called the Detroit Free Press Test Kitchen looking for a local source for turducken. "I read an article about it in the Michigan United Conservation Clubs magazine and Googled it and I couldn't believe the number of hits on it," says Smeekens. "It really sounded interesting, and who would have ever thought to take a duck, stuff it with a chicken and stuff that inside a turkey?" But instead of for Thanksgiving or Christmas, Smeekens ordered it for New Year's Day from Tony Chachere's in Louisiana. He got a holiday pack that came with a 12-pound turducken, 1 pound of shrimp, 2 pounds cornbread dressing, 2 pounds of rice dressing, 8
o nf Tnnv Charhere's
seasoning and a Creole cookbook. Without shipping, it was $59.95. This year, the Free Press ordered a turducken to see what all the fuss is about After all, John Madden, the NFL commentator, is a huge fan. Southern sweetie Paula Deen has featured her own on the Food Network and is
See TURDUCKEN, 13C

including one in upcoming
episodes. Polks from French Market Foods in Louisiana,
tight roasting pan. (Turduckens are held together only by the skin of the turkey. If it's allowed to expand, there's a chance it will split during roasting.) When it was all done and ready to eat, tasters rayed about the aroma and the look of the golden brown turducken. The flavor was moist and delicious and fans of duck loved the flavor
combination.
from which we ordered the Free Press turducken, say their expert meat cutter can debone a turkey in two minutes and a chicken in one
minute. French Market
Turduckens have been around since the '80s, mainly in the South. They are yery popular in Louisiana. Some sources say it all started with the famous Cajun chef Paul Prudhonune.
A recipe for turducken
Foods produces turduckens (and other meats) for private labels and is the retail operation for Tony Chachere's products. "We sell 65,000 to 70,000 a year." says Scott Arrant, an owner of French Market Foods. "It's almost 100 percent yield on it It's a great product; people who order from us order over and over again." With its solid meat and huge portion of breast meat, turduckens need a long,
can be found in "The Prudhonune Family

Cookbook; Old-time Louisiana Recipes," by the 11 Prudhomme brothers
and sisters (the book is out of print but may be found used). An Internet search also listed a 2005 National Geographic article pointing to Hebert's Specialty Meats as another early source of
turducken Hebert's Web publicity. site was
(www.hebertsmeats.com)
says the turducken
slow cooking method so

that the meat doesn't dry out
The instruction to our turducken said it should be 9<>ke<l t 350 degree cov* ered for 4 hours; then cooked 1 hour uncovered so
the skin browns. It took every bit ofthat and did turn
out moist. We were advised

to cook the turducken in a
invented 25 years ago. In Louisiana, turduckens are available year-round; they are popular not only for Thanksgiving, but for New Year's Day and Super Bowl parties. In Michigan they are hard to come by. But at family-owned Peacock's Poultry Farm in Troy, Mich., manager Lora Preston has been making
Florida Filed Case 6:11-cv-01712-RFD-CMH Document 1-3Today 09/23/11 Page 17 of 27 PageID #: 51 Melbourne, FL 11/13/2008 CIRC: 85,860
Tiy turducken for Thanksgiving

(^
GNJS
Something different. Turduckens, a chicken stuffed inside a duck stuffed inside a turkey, deboned except for the drumsticks and wings, have been around since the '80s, mainly in the South.
BYSUSANSELASKY <JAN.NF.TT NEWS SERVICE
If you're interested in serving turducken for Thanksgiving, here are several suppliers. When ordering, be sure to allow enough time (at least several days) for shipping and thawing. Some of these places listed here also offer a turducken roll. It's a smaller product without the legs and wings of the turkey.
www.samsclub.com: Sells the Tony Chachere's brand online only. A 12-pound turducken with Creole corhbread and pork rice dressing is $48.37. www.cajungrocer.com: A 15-pound turducken with Creole pork sausage and cornbread stuffing is $64.95. www.tonychacheres.com: A 15-pound turducken that will
feed about 20 people is about $70. It's stuffed with cornbread stuffing and pork rice dressing. www.hebertsmeats.com: An 8- to 10-pound turducken with cornbread dressing and pork sausage stuffing is $62.95. If a turducken seems like too much bird for too much trouble, here's a downsized idea: a stuffed turkey breast with cranberry chutney that feeds 10.
Case 6:11-cv-01712-RFD-CMH Document 1-3 Filed 09/23/11 Page 18 of 27 PageID #: 52 Lincoln Journal Star Lincoln, NE 11/19/2008 CIRC: 77,648
Journal Star
W LINCOLN ->i A
Where to buy turducken

If you're interested in serving turducken for Thanksgiving, here are several suppliers. When ordering, be sure to allow enough time (at least several days) for shipping and thawing. Some of these places listed here also offer a turducken roll. It's a smaller product without the legs and wings of the turkey. www.samsclub.com: Sells the Tony Chachere's brand online only. A 12-pound turducken with
Creole combread and pork rice dressing is $48.37. www.cajungrocer.com: A 15pound turducken with Creole pork sausage and combread stuffing is $64.95. www.tonyctiacheres.com: A 15-pound turducken that will feed about 20 people is about $70. It's stuffed with combread stuffing and pork rice dressing. www.herbertsmeats.com: An 8- to 10-pound turducken with combread dressing and pork sausage stuffing is $62.95.
" " "
WILLIAM ARCHIEi'Dutum fine PresiiNICT
A plate of turducken, which is a duck stuffed inside a chicken stuffed inside a turkey, is featured in the Detroit Free Press Test Kitchen.
Turduckens are popular not only for Thanksgiving, but for New Year's Day and Super Bowl parties.
Case 6:11-cv-01712-RFD-CMH Document 1-3 Filed 09/23/11 Page 19 of 27 PageID #: 53 Columbus Telegram Columbus, NE 11/18/2008 CIRC: 8,946
IELEGRAM
3 birds, no bones: Turducken wraps turkey, duck, chicken into tasty Thanksgiving package
By Susan Selasky Detroit Free Press
^^^
--^
What shall we have for Thanksgiving this year? How about a turducken? A turducken is a trio of birds tur (turkey), duck (duck) and en (chicken) all nestled together. It sounds like the beginning of a tall tale: There once was turkey that lost all its bones and was stuffed with a duck t h a t swallowed a chicken. They were all separated by a spicy, flavorful stuffing and then seamed back together in one meaty package. All that meat comes at a price it's at least three times more expensive than a traditional turkey. And that's without the shipping fees. Last year, reader John Smeekens of Clinton Township, Mich., called the Detroit Free Press Test Kitchen looking for a local source for turducken. "I read an article about it in the Michigan United Conservation Clubs magazine and Googled it and I couldn't believe the number of hits on it," says Smeekens. "It really sounded interesting, and who would have ever thought to take a duck, stuff it with a chicken and stuff that inside a turkey?" But instead of for Thanksgiving or Christmas, Smeekens ordered it for New Year's Day from Tony Chachere'8 (SASH-rees) in Louisiana. He got a holiday pack that came with a 12pound turducken, 1 pound of shrimp, 2 pounds cornbread dressing, 2 pounds rice dressing, 8 ounces of Tony Chachere's seasoning and a Creole cookbook. Without shipping, it was $59.95. This year, the Free Press ordered a turducken to see what all the fuss is about. After
all, John Madden, the NFL commentator, is a huge fan. Southern sweetie Paula Deen has featured her own on the Food Network and is including one in upcoming episodes. Folks from French Market Foods in Louisiana, from which we ordered the Free Press turducken, say their expert meat cutter can debone a turkey in two minutes and a chicken in one minute. French Market Foods produces turduckens (and other meats) for private labels and is the retail operation for Tony Chachere's products. "We sell 65,000 to 70,000 a year," says Scott Arrant, an owner of French Market Foods. With its solid meat and huge portion of breast meat, turduckens need a long, slow cooking method so that the meat doesn't dry out. The instruction to our turducken said it should be cooked at 350 degrees covered for 4 hours; then cooked 1 hour uncovered so the skin browns. It took every bit of that, and did turn out moist. We were advised to cook the turducken in a tight roasting pan. (Turduckens are held together only by the skin of the turkey. If it's allowed to expand, there's a chance it will split during roasting.) When it was all done and ready to eat, tasters raved about the aroma and the look of the golden brown turducken. The flavor was moist and delicious and fans of duck loved the flavor combination. Turduckens have been around since the '80s, mainly in the South. They are very popular in Louisiana. Some sources say it all started with the famous Cajun chef Paul Prudhomme A recipe for turducken can be found in "The Prudhomme Family Cookbook: Old-time
Louisiana Recipes," by the 11 Prudhomme brothers and sisters (the book is out of print but may be found used). An Internet search also listed a 2005 National Geographic article pointing to Herberfs Specialty Meats in Maurice, La., as another early source ofturducken publicity. Herbert's Web site (wwwherbertsmeats.com) says the turducken was invented 25 years ago In Louisiana, turduckens are available year-round; they are popular not only for Thanksgiving, but for New Year's Day and Super Bowl parties. In places like Michigan they are hard to come by. But at family-owned Peacock's Poultry Farm in Troy, Mich., manager Lora Preston has been making her version of a turducken for several years, after seeing one on TV. "I started doing them for me and my family," says Preston. "Customers started watching me do it and now I do them on a preorder basis." Preston makes hers using a boneless turkey breast with the skin on, along with boneless and skinless duck and chicken breasts and stuffing in between. "I do mine boneless because I didn't want the waste," says Preston. "I like that you have three different meats when you slice it and you have no bones to deal with." Peacock's, turducken is $12.99 a pound. Preston can make them with small (about 5-6 pound) or large (10-12 pound) turkey breasts. For Thanksgiving orders, Preston suggests two w'eeks' notice. And she's flexible on the stuffing. "Depending on the customer's preference I use Pepperidge Farms with organic celery and onions and I can do a pork sausage," she
Case 6:11-cv-01712-RFD-CMH Document 1-3 Filed 09/23/11 Page 20 of 27 PageID #: 54 Texarkana Gazette Texarkana, TX 11/12/2008 CIRC: 29,427
Ufexarkatta
Three birds, no bones: Turducken makes a tasty package
B Y S U S A N SELASKY
Detroit Free Press What shall we have for Thanksgiving this year? How about a turducken? A turducken is a trio of birdstur (turkey), duck (duck) and en (chicken)all nestled together. It sounds like the beginning of a tall tale: There once was turkey that lost all its bones and was stuffed with a duck that swallowed a chicken. They were all separated by a spicy, flavorful stuffing and then seamed back together in one meaty package. All that meat comes at a priceit's at least three times more expensive than a traditional turkey. And that's without the shipping fees. Last year, reader John Smeekens of Clinton Township, Mich., called the Detroit Free Press Test Kitchen looking for a local source for turducken. But instead of for Thanksgiving or Christmas, Smeekens ordered it for New Year's Day from Tony Chachere's (SASH-rees) in Louisiana. He got a holiday pack that came with a 12pound turducken, 1 pound of shrimp, 2 pounds cornbread dressing, 2 pounds rice dressing, 8 ounces of Tony Chachere's seasoning and a Creole cookbook. Without shipping, it was $59.95. This year, we ordered a turducken to see what all the fuss is about. After all, John Madden, the NFL commentator, is a huge fan. Southern sweetie Paula Deen has featured her own on the Food Network and is including one in upcoming episodes. Folks from French Market Foods in Louisiana, from which we ordered our turducken, say their expert meat cutter can debone a turkey in two minutes and a chicken in one minute. French Market Foods produces turduckens (and other meats) for private labels and is the retail operation for Tony Chachere's products. "We sell 65,000 to 70,000 a year," says
Scott Arrant, an owner of French Market Foods. "It's almost 100 percent yield on it. It's a great product; people who order from us order over and over again." With its solid meat and huge portion of breast meat, turduckens need a long, slow cooking method so that the meat doesn't dry out. The instructions to our turducken said it should be cooked at 350 degrees covered for 4 hours; then cooked 1 hour uncovered so the skin browns. It took every bit of that, and did turn out moist. We were advised to cook the turducken in a tight roasting pan. (Turduckens are held together only by the skin of the turkey. If it's allowed to expand, there's a chance it will split during roasting.) When it was all done and ready to eat, tasters raved about the aroma and the look of the golden brown turducken. The flavor was moist and delicious and fans of duck loved the flavor combination. Turduckens have been around since the '80s, mainly in the South. They are very popular in Louisiana. Some sources say it all started with the famous Cajun chef Paul Prudhomme A recipe for turducken can be found in "The Prudhomme Family Cookbook: Old-time Louisiana Recipes," by the 11 Prudhomme brothers and sisters (the book is out of print but may be found used). An Internet search also listed a 2005 National Geographic article pointing to Herbert's Specialty Meats in Maurice, La., as another early source of turducken publicity. Herbert's Web See THREE on Page 2C site (www.herbertsmeats.com) says the turducken was invented 25 years ago. In Louisiana, turduckens are available year-round; they are popular not only for Thanksgiving, but for New Year's Day and Super Bowl parties. CRANBERRY-GOLDEN RAISIN CHUTNEY Serves: 10
Case 6:11-cv-01712-RFD-CMH Document Florida Daily News Northwest 1-3 Filed 09/23/11 Page 21 of 27 PageID #: 55 Fort Walton Beach, FL 11/12/2008 CIRC: 36,673
TlTTSt 9 < " T ^ " J * NORTHWEST FLURIDA
Daily News
Turducken wraps turkey, duck and chicken into a tasty Thanksgiving package
By SUSAN SELASKY
Detroit Free Press
3 birds, no bones
siana. He got a holiday pack that came with a 12-pound turducken, 1 pound of shrimp, 2 pounds cornbread dressing, 2 pounds rice dressing, 8 ounces of Tony Chachere's seasoning and a Creole cookbook. Without shipping, it was $59.95. This year, the Free Press ordered a turducken to see what all the fuss is about. After all, John Madden, the NFL commentator, is a huge fan. Southern sweetie Paula Deen has featured her own on the Food Network and is including one in upcoming episodes. Folks from French Market Foods in Louisiana, from which we ordered the Free Press turducken, say their expert meat cutter can debone a turkey in two minutes and a chicken in one minute. French Market Foods produces turduckens (and other meats) for private labels and is the retail operation for Tony Chachere's products. "We sell 65,000 to 70,000 a year,"
PLEASE SEE BIRDS | C8
hat shall we have for Thanksgiving this year? How about a turducken? A turducken is a trio of birds tur (turkey), duck (duck) and en (chicken) all nestled together. It sounds like the beginning of a tall tale: There once was turkey that lost all its bones and was stuffed with a duck that swallowed a chicken. They were all separated by a spicy,flavorfulstuffing and then seamed back together in one meaty package. All that meat comes at a price it's at least three times more expensive than a traditional turkey. And that's without the shipping fees. Last year, reader John Smeekens of Clinton Township, Mich., called the Detroit Free Press Test Kitchen looking for a local source for turducken. "I read an article about it in the Michigan United Conservation Clubs magazine and Googled it and I couldn't believe the number of hits on it," says Smeekens. "It really sounded interesting, and who would have ever thought to take a duck, stuff it with a chicken and stuff that inside a turkey?" But instead of for Thanksgiving or Christmas, Smeekens ordered it for New Year's Day from Tony
says Scott Arrant, an owner of French Market Foods. "It's almost 100 percent yield on it. It's a great product; people who order from us order over and over again." With its solid meat and huge portion of breast meat, turduckens need a long, slow cooking method so that the meat doesn't dry out.
turducken said it should be cooked at 350 degrees covered for 4 hours; then cooked I hour uncovered so the skin browns. It took every bit of that, and did turn out moist. We were advised to cook the turducken in a tight roasting pan. (Turduckens are held together only by the skin of the turkey. If it's allowed to expand, there's a chance it will split during roasting.) When it was all done and ready to eat, tasters raved about the aroma and the look of the golden brown turducken. Theflavorwas moist and delicious and fans of duck loved the flavor combination. Turduckens have been around since the '80s, mainly in the South. They are very popular in Louisiana. Some sources say it all started with the famous Cajun chef Paul Prudhomme Arecipefor turducken can be found in "The Prudhomme Family Cookbook: Old-time Louisiana Recipes," by the II Prudhomme brothers and sisters (the book is out of print but may be found used). An Internet search also listed a 2005 National Geographic article pointing to Herbert's Specialty Meats in Maurice, La., as another early source of turducken publicity. Herbert's Web site (www.
Case 6:11-cv-01712-RFD-CMH Document Florida Daily News Northwest 1-3 Filed 09/23/11 Page 22 of 27 PageID #: 56
Fort Walton Beach, FL 11/12/2008 CIRC: 36,673
turduefcen was invented 25 years ago. In Louisiana, turduckens are available year-round; they are popular not only for Thanksgiving, but for New Year's Day and Super Bowl parties. In places like Michigan they are hard to come by But at family-owned Peacock's Poultry Farm in Troy, Mich., manager Lora Preston has been making her version of a turducken for several years, after seeing one on T\? "I started doing them for me and my family" says
^
Preston. "Customers started watching me do it and now I do them on a preorder basis." Preston makes hers using a boneless turkey breast with the skin on, along with boneless and skinless duck and chicken breasts and stuffing in between. "I do mine boneless because I didn't want the waste," says Preston. "I like that ypu have three different meats whenyouslice it and you have no bones to deal with." Peacock's, turducken is
$12.99 a pound. Preston can make them with small (about 5-6 pound) or large (10-12 pound) turkey breasts. For Thanksgiving orders, Preston suggests two weeks' notice. And she'sflexibleon the stuffing. "Depending on the customer's preference I use Pepperidge Farms with organic celery and onions and I can do a pork sausage," she says. "I can do a cornbread stuffing or white/wheat bread stuffing"
MCT
A plate of turducken, which is a duck stuffed inside a chicken stuffed inside a turkey is featured in the Detroit Free Press Test Kitchen.
Herald (Broward County Edition) Miami, FL 04/30/2005 CIRC: 386,316

' SEAFOOD
BY CAIN BURDEAU Associated Press
NEW ORLEANS Emeril Lagasse, one of America's most-watched TV chefs, has signed onto a campaign to get Americans hooked on premium American shrimp and give a boost to the southern shrimping industry. Lagasse and the well-known Louisiana food brand Tony Chachere's Creole Foods are selling U.S.-certified "Wild American Shrimp," joining a handful of other companies and restaurant chains also taking part in the program. The government-funded campaign has been in the works for over a year and aims at differentiating American shrimp from cheap, pond-raised imports. It was sparked by a desire to create a niche market like that for Alaskan salmon, Maine lobster and Angus beef. "I am all about American seafood and have been for 30 years. I'm proud to be a part of the campaign, especially working with Louisiana shrimpers," Lagasse said. "Many families have been in the shrimping business for generations and they are battling to stay in business." The idea behind the certification program is to bolster the price Southern processors and fishermen get for their shrimp. Imports halved the value of domestic shrimp in the past three years, driving many American shrimpers out of business. The campaign hopes to win Americans over to the taste of shrimp harvested in waters off the South Atlantic states and in the Gulf of Mexico. "Once they become aware there's a higher-quality product out there, they're going to demand it," said Larry Avery, managing partner of Gulf Island Shrimp and Seafood LLC, which owns the Chachere brand. "It is a
TURN TO SHRIMP, JC
BILL HABER/AP FILE
JUMBO SHRIMP: Becky Lasiegne weighs shrimp at Ruth's Seafood in Westwego, La. Imported shrimp has driven down prices and forced domestic 'shrimpers out of business. ,
ERICAN SHRI
FAMED CHEF EMERIL LAGASSE STRIVES TO SPREAD THE WORD ABOUT DOMESTIC SHRIMP
CHERYL GERBER/AP
BAM! Chef Emeril Lagasse presents different sjes of shrimp at a cooking demonstration in New Orleans. He favors U.S. shrimp for their plumpness and sweet flavor. I
St. Petersburg Times St. Petersburg, FL 04/30/2005 CIRC: 311,680

$ "Once they become aware there's a higher-quality product gut there, they're going to demand jjj," said Larry Avery, managing Partner of Gulf Island Shrimp and Seafood LLC, which owns the Chachere brand. "It is a sweeterfavored shrimp." Chachere, who died at 90 in Associated Prai 1995, helped popularize Cajun arid Creole food with cookbooks speNEW ORLEANS Emeril La- cializing in seafood and wild game. gasse, one of America's m0"sT He also was known for his seasonwatched TV chefs, has signed onto ings, instant roux and gravy mixes. a campaign to get Americans * "Seafood needs to be like hooked on premiurir American wine," said Eddie Gordon, who shrimp and give a boost to the heads Wild American Shrimp Inc., southern Shrimping industry. a group that formed to organize Lagasse and the well-known the marketing campaign with $6Louisiana food braitd Tony Chachmillion in grant money from the ere's Creole Foods afe'seiung U.S.U.S. government cjertified "Wild American Shrimp," "They spend all this time joining a handful of other compatalking about wine in seafood resnies and restaurant chains also taktaurants. Why aren't they talking ing part in the program. about seafood? I think it's our | The government-funded camfault," Gordon said. "People need paign has been in the works for to sit down and start talking about More than a year and aims at differthe different kinds of shrimp, the jSntiating American shrimp from different kinds of salmon." gheaper, pond-raiseo imports. It ;' With the spring shrimp season 5s*as sparked by a desire to create a Under way, Gulf Island's two prohiche market like that for Alaskan cessors will be busy inspecting and salmon, Maine lobster* and Angus certifying shrimp for distribution beef.' >;-(*; along the Gulf Coast "I am all about American seas; Lagasse's shrimp are appearfood and have beejjjfof SQyears. ing on supermarkets along the I'm proud to be a part of trie camEast Coast in the Southeast and in paign, especially ' ^ ^ i i ^ v i t h California. If wild American shrimp Louisiana shrimpers," Lagasse proves to be a winner, the compasaid. "Many families have been in ny will expand into other areas, the shrimping business for generasaid Craig Borges of the New Orletions and they are battling to ans Fish House, a seafood compaistay in business." ny doing the packaging and distri,' '<": The idea behind the certifica- bution for Emeril's-brand shrimp. jtipn program is to bolster the price Lagasse's famous name helps ISbufhern processors and fishersell the shrimp. As soon as Therejjien get for their shrimp. Imports sa Currie saw Emeril's shrimp at fclved the value of domestic her grocery store on in the New jfiirimp in the past three years, Orleans suburb of St Tammany driving many American shrimpers Parish, she bought a bag. Emeril's out of business. The campaign's 16-ounce bags of large-sized aitn is to win Americans over to the shrimp sold for $11.99, $1 more feste of shrimp harvested in waters than a generic brand of imports. Off the South Atlantic states arid in *he Gulf of Mexico. .
Emerij Lagasse sayS "tarn all aiout American seafood and have been for 30 years." He has started selling atorand of U.S.-certified "Wild American Shrimp."
For US. big-time pitchman
Tampa Tribune Tampa, FL 04/30/2005 CIRC: 238,176
Emeril Tunes Buyers In To U.S. Shrimp

talking about wine in seafood restaurants; why aren't they talking about seafood! I think it's our fault," Gordon said. "People need to sit down and start talking about the different ByCAINBUflDEAU kinds of shrimp, the different The Associated Press kinds of salmon." N W ORLEANS Emeril E With the spring shrimp seaLagasse, one of America's son under way, Gulf Island's most-watched TV chefs, has two processors in southern signed on to a campaign to get Louisiana will be busy inspectAmericans hooked on premiing and certifying shrimp for um U.S. shrimp and give a distribution along the Gulf boost to the Southern shrimpCoast. ing industry. ' Lagajsse's shrimp are apLagasse and Louisiana food * pearing in supermarkets along brand Tony Cjfrachere's Creole the East Coast, in the SouthFoods are selling U.S.-certified east and in California. If wild Wild American Shrimp, joining U.S. shrimp proves to be a winother companies and restauner, the company will expand rant chains in the program. into other areas, said Craig The government-funded Borges, of the New Orleans campaign has been in the The Associated Press Fish House, a seafood compaworks for more than a year and ny doing the packaging and aims at differentiating U.S. Emeril Lagasse is lending his name to U.S. certified shrimp, hopdistribution for the Emeril shrimp from less expensive ing to boost sales of the seafood caught by Southern shrimpers. brand shrimp. pond-raised imports. It was His famous name helps sell sparked by a desire to create a fishermen get for their shrimp, bjrand. "It is a sweeter flavored the shrimp. As soon as Theresa niche market like that for Alas- Imports halved the value of do- shrimp." Currie saw the shrirnp at her I Chachere, who died at 90 in grocery store in St. Tammany kan salmon, Maine lobster and mestic shrimp in the past three years, driving many U.S. 1995, helped popularize Cajun Parish, northeast of New OrAngus beef. "I am all about American shrimpers out of business. The apd Creole food with cook- leans, she bought a bag. Emeseafood and have been for 30 campaign hopes to win Ameri- books specializing in seafood ry's 16-ounce bags of large years, I'm proud to be a part of cans over to the taste of shrimp and wild game. He also was shrimp sold for $11.99, $1 the campaign, especially work- harvested in waters off the known for his seasonings, in- more than a generic brand of ing with Louisiana shrimpers," South Atlantic states and in the stant roux and gravy mixes. imports. Lagasse said. "Many families GulfofMexico. "Seafood needs to be like "I would assume I know have been in the shrimping "Once they become aware wine," said Eddie Gordon, who it's an assumptionbut if it is business for generations, and there's a higher quality prod- heads Wild American Shrimp Emeril, it's local," she said. they are battling to stay in busi- uct out there, they're going to Inc., a group formed to orga- "He has a good reputation." ness." demand it," said Larry Avery, nize the marketing campaign Currie heard all about the The idea behind the certifi- managing partner of Gulf Is- with $6 million in grant money campaign because her huscation program is to bolster the land Shrimp and Seafood LLC, from the U.S. government. band works in the seafood price Southern processors and which owns the Chachere "They spend all this time business.
TV CHEF LENDS FAME TO ASSIST INDUSTRY
Sunday Advertiser Lafayette, GA 05/01/2005 CIRC: 56,279
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iSHfrf|#PJ,NG INDUSTRY NEW ORLEANS (AP) Two of the names most associated with Louisiana cooking Tony Chachere and Emeril Lagasse are signing onto a campaiga to sell premium Gulf of Mexico shrimp. Lagasse, one of America's most watched TV chefs, and the Chachere brand are coming out with product lines touting "Wild American Shrimp" US. certified shrimp. The government-funded certification program has been in the works for more than a year and intends to differentiate American shrimp from cheap, pond-raised imports. The campaign was sparked by a desire to create a niche market like Alaskan salmon, Maine lobster arid Black Angus beef. "I am all about American seafood and have beerj, for 30 years. I'm proud to be a part ofttl^kCampaign,especially working with Louisiana shrimpers," Lagasse said. "Many families have been in the shrimping business for generations and they are battling to stay in business." The aim is to bolster the price Southern processors and fishermen get for their shrimp. Imports halved the value of domestic shrimp in the past three years, driving many American shrimpers out of business. The campaign hopes to win Americans over to the taste of shrimp harvested in waters off the South Atlantic states and m the Gulf of Mexico. "Once they become aware there's a higher-quality product out there, they're going to demand it," said Larry Avery, managing partner of Gulf Island Shrimp and Seafood LLC, which owns the Chachere brand. "It is a sweeter-flavored shrimp."
See SHRIMP on Page 11A
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Associated Press
Chef Emeril Lagasse speaks Wednesday during a cooking demonstration for the wives of golfers playing in the Zurich
Big names to tout American shrimp effort

Lagasse, Chachere brand to offer "Wild American Shrimp" product lines.
/mmK
Conffitued from Page 1A
ONLINE
Shrimi
"Seafood needs to be like wine," said Eddie Gordon, who heads Wild American Shrimp Inc., a group that formed to organize the marketing campaign with $6 million in grant money from the U.S. government. "Gosh, they spend all this time talking about wine in seafood restaurants, why aren't
VWW/taerican Shrimp: www.wildamericanshrimp.com Emeril's: www.emerils.com .." TonyChachere: www.tonychachere.com
they talking about seafood! I think it's our fault," Gordon said. "People need to sit down and start talking about the different kinds of shrimp, the different kinds of salmon." Emeril's bags of frozen shrimp already have hit the market in grocery stores in St.
Tammany Parish, an affluent suburb of New Orleans. As soon as Theresa Currie, a teacher and mother, saw Emeril's new "U.S. Grade A" shrimp she bought a bag. "I would assume I know it's an assumption but if it is Emeril, it's local," she said. "He has a good reputation." But getting Currie to buy the shrimp was an easy sale: She'd heard all about the campaign because her husband works in the seafood business. Getting less shrimp-savvy shoppers in places like Mary-
"Gosh, they spend all this time talking about wine in seafood restaurants, why aren't they talking about seafood! I think it's our fault. People need to sit down and start talking about the different kinds of shrimp, the different kinds of salmon."
. Eddie Gordon Wild American Shrimp Inc.
land, California and the Midwest to pay more for American shrimp than they do for I imported varieties will be much tougher, said John Connelly, president of the National Fisheries Institute.
But he said there's a good chance the marketing strategy will pay off, especially in light of the growing appetite Americans have for seafood in general. "We view the wave of the future in the food industry is for
groups to promote their products based on the positives of their products," Connelly said, "For some consumers, their mouths just, water when they hear 'wild American shrimp' or 'wild American salmon.'"
EXHIBIT 3
EXHIBIT 4
CO-BRANDING AGREEMENT
CO-BRANDING AGREEMENT (this "Agreement") is entered into effective as of this 19th day of March, 2003 (the "Effective Date"), by and between Tony Chachere's Creole Foods of Opelousas, Inc. (hereinafter collectively referred to as "Licensor") and French Market Foods, Inc. ("Licensee"). WITNESSETH WHEREAS, Licensor is the owner of the name and mark TONY CHACHERE'S and related marks including packaging, colors, designs, and cartoon characters (which collectively shall hereinafter be called the "Tony Chachere's Trademarks") and which Tony Chachere's Trademarks (the registrations for which are described on Exhibit A attached hereto) is used by Licensor in connection with the sale and advertising of Licensor's spices and other food products and services and which Tony Chachere's Trademarks are well-known and recognized by the general public and associated in the public's mind with Licensor; and WHEREAS, Licensee manufactures and/or distributes food products under its own trademarks, and WHEREAS, Licensee desires a license to use the Tony Chachere's Trademarks from Licensor for use in connection with the Licensed Products (as defined in Section 1(b) below), and Licensor desires to license the Tony Chachere's Trademarks to Licensee for use in connection with the manufacture, advertising, promotion, and sale of the Licensed Products, in the Territory, as defined herein, in accordance with the terms and conditions contained herein; WHEREAS, the parties foresee mutually beneficial use of the Tony Chachere's Trademarks in connection with the Product, NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. DEFINITIONS Whenever used in this Agreement, the following terms shall have the indicated definitions: a. "Tony Chachere's Trademarks" has the meaning provided in the first recital paragraph,
b. "Licensed Products" shall mean all products approved by the parties hereto and listed on Exhibit H, for sale through specific Channels of Distribution. c. "Territory" shall mean that portion of the United States of America to which the Licensed Products can safely be shipped in accordance with shelf life protocols. d. "Channels of Distribution" shall mean the sales forums through which Licensee is permitted to sell the Licensed Products listed on Exhibit H. 2. GRANT OF LICENSE a. Upon the term and conditions hereinafter set forth, Licensor hereby grants to Licensee and Licensee hereby accepts the exclusive, nontransferable right, license and privilege to use the Tony Chachere's Trademark solely in the Territory, solely upon and in connection with the manufacture, sale, distribution and advertising of the Licensed Products set forth in Exhibit H, and solely through the Channels of Distribution (the "License"). The License shall be executed only through the following Channels of Distribution set forth on Exhibit H. b. Licensee shall not sell or ship the Licensed Products to any customers with a billing or shipping address outside of the Territory. Licensee shall notify its customers that the Licensed Products may not be resold or shipped by the customers outside of the Territory. If, notwithstanding such notice, Licensee reasonably anticipates that one of its customers intends to resell or to ship the Licensed Products outside of the Territory, Licensee shall discontinue selling the Licensed Products to such customer. c. Licensee shall only use spice blends produced by Licensor in the production of Licensed Products, namely spice blends sold and distributed under the names and marks TONY CHACHERE'S CREOLE SEASONING, TONY CHACHERE'S MORE SPICE SEASONING and TONY CHACHERE'S SPICE AND HERB SEASONING or a spice blend or marinade specifically produced by Licensor for use in the Licensed Products. d. Any extensions of the Licensed Products, including different flavors, textures, shapes, and sizes, shall be considered improvements to which the Licensee shall not apply the Tony Chachere's Trademarks without the prior written approval of Licensor, which may be withheld in Licensor's sole and absolute discretion. e. Nothing set forth herein shall authorize Licensee to use or license the use of any trademark or copyright owned by Licensor and/or used by Licensor
except for the Tony Chachere's Trademarks, which shall only be used by Licensee in conjunction with the Licensed Products pursuant to the terms and conditions of this Agreement. Licensee shall have no claim of ownership or rights of transfer in the Tony Chachere's Trademarks as a result of the use of the Tony Chachere's Trademarks pursuant to this Agreement or otherwise. " f. Licensee may not manufacture, sell, distribute nor advertise any products that compete with those which it manufactures, sells, distributes and advertises under this Agreement.
3. LICENSE FEE a. In consideration for the granting of the License, Licensee agrees to pay to Licensor a royalty fee of five percent (5%) of its Net Sales (as defined in Section 3(b) of the Licensed Products pursuant to this Agreement. b. "Net Sales" for purposes of determining the royalty owed by Licensee shall be Licensee's billing price of Licensed Products to customers or distributors (in the case of the cable shopping networks less customary discounts and allowances allowed and any credits for actual returns, and transportation charges allowed on actual returns. Wholesale billing price shall not include shipping and handling charges and sales tax. c. Licensee shall make and deliver to Licensor reports of Net Sales of all Licensed Products and the royalties that are due to be paid thereon no later than 30 days after the end of each calendar month during which this Agreement is in force in such form and detail as necessary to appropriately reflect the amount of royalties payable by Licensee for such period. Any royalty payments shown by the report to be due to Licensor shall accompany each of these monthly reports. 4. LICENSEE'S MARKETING OBLIGATIONS a. During the period commencing on the Effective Date through the Termination Date (as defined in Section 12(a) below), Licensee shall, for so long as it manufactures the Licensed Products, use reasonable efforts to market the Licensed Products through the sales efforts of its personnel. 5. LICENSER'S TITLE. PROTECTION OF LICENSOR'S RIGHTS AND FURTHER REGISTRATION a. Licensor hereby represents and warrants that, to the best of its knowledge and belief, it is the sole owner of the Tony Chachere's Trademarks in the United States for exclusive use by it for its food products and for purposes covered by the registrations listed on Exhibit A, that the Tony Chachere's Trademarks are at present valid and will continue to remain valid in the
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United States during the terms of this Agreement, that the Tony Chachere's Trademarks do not infringe upon any other person's rights in the United States. Licensor agrees to indemnify Licensee and to hold Licensee harmless with respect to any and all claims, demands, causes of action and lawsuits arising out of Licensee's use of the Tony Chachere's Trademarks in the United States pursuant to this Agreement and based upon Licensor's alleged lack of title to the Tony Chachere's Trademarks in the United States or the ..,. alleged invalidity of the Tony Chachere's Trademarks in the United States. Licensee agrees that it will not directly or indirectly attack the title or any rights of Licensor in and to the Tony Chachere's Trademarks or attack the validity of the Tony Chachere's Trademarks, any registrations thereof, or the license granted herein in any country of the world. b. Licensee acknowledges that Licensor has registered the Tony Chachere's Trademarks for use in respect of various products and services in the United States, but not specifically on the Licensed Products. c. Without limiting the generality of the foregoing, if any third person brings a lawsuit or makes a claim against Licensee alleging that Licensee's use of the Tony Chachere's Trademarks in the Territory constitutes an infringement of the rights of such third person, or if it comes to the attention of Licensee that any third person is or may be infringing any rights of Licensor in the Tony Chachere's Trademarks within the Territory, Licensee shall notify Licensor in writing of such lawsuit, claim or mfringement, giving full and complete details thereof Licensor shall defend any such lawsuit or claim, against Licensee, and any and all expenses thereof and all liabilities resulting therefrom shall be borne by Licensor. If Licensee's notice advises Licensor that it has come to its attention that a third party is or may be infringing any rights of Licensor in the Tony Chachere's Trademarks in the Territory, then Licensor may, at its option, institute an infringement suit, in which case all expenses thereof and all liabilities resulting therefrom shall be borne by Licensor. Licensee shall have no independent right to bring an infringement suit with respect to the Tony Chachere's Trademarks. d. It is expressly agreed by the parties that Licensor retains full right, title and interest in the Tony Chachere's Trademarks and that all use by Licensee shall be subject at all times to the terms of this Agreement and shall inure solely to the benefit of Licensor, Licensee agrees that it will acquire no interest in the Tony Chachere's Trademarks by virtue of this Agreement and the licensed activities permitted by this Agreement other than its right to use the Tony Chachere's Trademarks as expressly permitted hereby. Licensee further agrees that it will use the Tony Chachere's Trademarks only to promote and solicit sales of the Licensed Products and that it will not adopt or use the Tony Chachere's Trademarks as any company name or the name of any entity controlled by Licensee. Licensee shall not register any domain
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name or other web site address which incorporates all or any part of any of the Tony Chachere's Trademarks or of any other intellectual property owned by Licensor. Licensee agrees that it recognizes that the Tony Chachere's Trademarks is a highly valuable asset of Licensor and will not disparage or infringe the Tony Chachere's Trademarks, Licensee shall not, directly or indirectly, do anything that may have an adverse effect on Licensee's ownership rights in the Tony Chachere's Trademarks or dilute or diminish the value, reputation or appurtenant goodwill thereof. e. Licensee agrees that it will not use the Tony Chachere's Trademarks on and/or in connection with any goods other than the Licensed Products, nor shall it knowingly permit its customers to do so. Licensee will use its best, efforts to protect Licensor from any losses or damages if one of Licensee's customers misuses the Tony Chachere's Trademarks and will take responsible appropriate action to cause such customer to discontinue doing so. f. If Licensor considers it advisable to record Licensee as a licensee of the Tony Chachere's Trademarks, Licensee shall agrees cooperate in such a procedure and to execute any documents submitted to Licensor for this purpose, Licensee shall promptly reimburse the Licensor for all costs of recording Licensee as a licensee of the Tony Chachere's Trademarks. 6, QUALITY OF MERCHANDISE; APPROVAL AND INSPECTION RIGHTS a. In the manufacture, sale and distribution of the Licensed Products, Licensee shall maintain standards of quality that conform to those high quality standards used at present by such party with respect to the manufacture, distribution and sale of its goods and those high quality standards evidenced by the samples of its products furnished to and inspected by the Licensor. b. In order to ensure that the high level of quality standards hereinabove described are maintained, Licensee shall submit to Licensor, or any person designated by Licensor in writing, representative samples of each category of Licensed Products that are produced by Licensee for Licensor's approval prior to marketing of such Licensed Products and shall provide such supporting information as may be reasonably required. Licensee further shall submit such additional specimens as Licensor may from time to time reasonably request in writing. Licensee shall use its best efforts to remedy any problems to Licensor's reasonable satisfaction. c. Licensor shall have the right to inspect on six (6) days' notice Licensee's manufacturing facilities, from time to time, to insure that Licensee is conforming with the high standards set by Licensee for the operation of
Licensee's manufacturing facilities. Licensee agrees to cooperate with Licensor in facilitating Licensor's assurance of the quality of the Licensed Products. The inspection by Licensor shall hot be deemed to be an admission by Licensor that the Licensed Products complies with applicable laws and regulations. d. Licensee shall utilize a continuous quality control system to ensure that high quality standards are maintained. Licensee shall also require any independent parties which are permitted to manufacture or package the Licensed Products on behalf of Licensee, to maintain the high quality standards that such party presently maintains in the manufacture and packaging of other products that it sells and distributes. Notwithstanding the foregoing, unless permitted in writing by Licensor, Licensee shall not have the right to have the Licensed Products manufactured or packaged by a third party, allowing that such consent shall not be unreasonably withheld by Licensor. In any case, if Licensee permits any independent party to manufacture the Licensed Products, paragraph 6 above shall be made to apply to such party. e. Licensee guarantees and warrants that the premises upon which Licensed Products are manufactured, packaged and stored will be maintained in a clean and sanitary condition in accordance with accepted standards and practices. Licensee further guarantees and warrants that Licensed Products will be manufactured in accordance with all applicable good manufacturing practices, and the microbiology specifications as have been advised previously by Licensee to Licensor and as set out in Exhibit C. Licensee further guarantees and warrants that Licensed Products will be fit for their intended purpose and merchantable. f. If through periodic evaluation and inspection of Licensee's facilities, Licensor, in its judgment, believes that Licensee is not operating in conformity with the standards required under this Agreement, including its facilities' continuing compliance with all rules, regulations and laws applicable to the manufacture of food products, Licensor shall so notify Licensee in writing. Licensee shall, within five (5) days, investigate and take corrective action as necessary. If within 10 days from the date of its receipt of notice of any suspected deficiency Licensee fails to take corrective action, Licensor may terminate this Agreement provided, however, that in such event Licensor may file suit for the recovery of damages caused by Licensee's failure to comply with its obligations hereunder. 7. RECALL OF LICENSED PRODUCTS a. Licensee shall have complete responsibility for determining if a recall of Licensed Products is required, but shall not initiate a recall without first
advising Licensor of its intent to do so, and taking Licensor's input into consideration prior to taking any action. Any retrieval or recall notices that are issued by Licensee in connection with the Licensed Products must be sent to Licensor for prior approval before they are issued. b. In recognition of the paramount importance of protecting the health and welfare of the public and the goodwill of the Tony Chachere's Trademarks, Licensee shall take whatever steps are reasonably necessary to abate any risk or risk to the goodwill of the Tony Chachere's Trademarks as quickly and effectively as possible. Licensee shall bear the cost of all recalls which Licensee initiates except those resulting solely from a defect in any ingredient furnished by Licensor for the Licensed Products, which defect existed at the time such ingredient was delivered to Licensee or which otherwise was caused by the negligence of Licensor in which case Licensor shall bear the cost of such recall. For purposes of this Agreement, costs of the recall shall include the costs of production, and distribution of the Licensed Products recalled and the direct cost of the recall. 8. BOOKS AND RECORDS a. Upon execution of this Agreement, Licensee shall furnish Licensor with a current financial statement and make its financial statements available for inspection during the course of this Agreement. b. Licensee shall keep and maintain full, accurate and complete books of account and other records in sufficient detail so that compliance with its obligations hereunder may be ascertained. Licensee shall keep accurate and current books and record with respect to the production of Licensed Products, and Licensor shall have, at all times, during normal business hourjSLhutJiQ more than twice in any given quarter, the full right and authority to inspect, on a confidential basis, such books and records of Licensee, either by one or more of Licensee's own employees or through an independent certified public accountant selected and paid by Licensor for the purpose of verifying the quantity and cost of Licensed Products sold during the prior periods. c. Upon request, Licensee shall make available to Licensor consumer complaint information relating to the Licensed Products. d. Licensee hereby agrees to maintain a consumer complaint policy which is consistent with Licensor's. 9. INDEMNIFICATION AND PRODUCT LIABILITY a. Licensor hereby agrees to indemnify Licensee and undertakes to defend itself and Licensee against and hold Licensee harmless from any claims, suits, loss and damage suffered or incurred by Licensee, including Licensee's
attorneys' fees, arising out of any allegation that the use of any Tony Chachere's Trademarks by Licensee as authorized hereunder constitutes an infringement of any third party's rights and in connection with any claim, suit, loss and damage arising out of alleged defects in any ingredient supplied by Licensor to Licensee for use as an ingredient in a Licensed Products b. Licensor will maintain, at its own expense, at all times during the term of this Agreement commercial general liability insurance including products/completed operations coverage from a recognized insurance company rated A- or higher by the A.M. Best Company providing coverage in the amount of $1,000,000 for any such product liability claims and annual Umbrella Excess Liability Coverage in the amount of $10,000,000. Licensor will furnish a certificate of insurance to Licensee confirming that Licensee has been named an additional insured on such policies, and that such insurance will not eliminate Licensee as an additional insured without 30 days' prior written notice to Licensee. c. Notwithstanding anything to the contrary in this Agreement, in no event shall the aggregate liability of Licensor to Licensee or any third party exceed the amount of the monies received from Licensee in connection with the purchase of an ingredient pursuant to this Agreement, unless such liability is occasioned by the negligent acts of Licensor. d. Licensee hereby agrees to indemnify Licensor and undertakes to defend itself and Licensor against and hold Licensor harmless from any claims, suits, loss and damage suffered or incurred by Licensor, including Licensee's attorney's fees, arising out of Licensee's use of any patent, process, idea, method or device in connection with the sale of the Licensed Products or arising out of any other alleged action or omission by Licensee including but not limited to any claim, suit, loss and damage arising out of alleged defects in the Licensed Products, provided that Licensee shall not be obligated to so indemnify Licensor if it can be shown by Licensee that an ingredient sold to it by Licensor was defective or adulterated at the time it was shipped to Licensee, and such defect or adulteration was the cause of the claim, suit, loss or damage. e. Licensee will maintain, at its own expense, at all times during the term of this Agreement commercial general liability insurance including products/completed operations coverage from a recognized insurance company rated A- or higher by the A.M. Best Company providing coverage in the amount of $1,000,000 for any such product liability claims, coverage for recalls equivalent to ten percent (10%) of Licensee's annual sales under this Agreement and annual Umbrella Excess Liability Coverage in the amount of $10,000,000 and that prior to the sale of any Licensed Products, it will furnish Licensor a certificate of insurance confirming that Licensor has been .8..
named an additional insured on such policies, and that such insurance will not eliminate Licensor as an additional insured without 30 days' prior written notice to Licensor. In the event Licensee uses any third party to manufacture any Licensed Products, Licensee shall ensure that such third party manufacturer obtains the same insurance coverage as that required of Licensee and otherwise complies with all other provisions of this Section. 10.ADVERTISING AND SALES PROMOTION MATERIALS a. During the term of this Agreement, Licensee shall submit to Licensor, for its prior written approval, a mock-up of the design of each item of Licensed Products and all tags, labels, hangers, containers, packaging, advertising, promotional or display materials or the like containing or referring to the Tony Chachere's Trademarks and which have not previously been approved by Licensor. Approval shall be withheld only if the Tony Chachere's Trademarks is used, as determined in Licensee's sole discretion, on such materials in such a way as (i) to detract from the goodwill associated with the Tony Chachere's Trademarks, (ii) to make any misrepresentation about Tony Chachere's, a Tony Chachere's product or the Tony Chachere's Trademarks, (iii) to cause conftision among the consuming public, (iv) to infringe upon any third party's rights, or (v) otherwise to endanger Licensee's rights in the Tony Chachere's Trademarks. If Licensor does not provide its written approval to Licensee of any items submitted for approval within 10 business days of Licensee's receipt of the request for approval, Licensor shall be deemed to have disapproved the item submitted for approval. In the event Licensor disapproves any proposed materials hereunder, Licensee shall not proceed with such proposed usage until the reason for the disapproval has been remedied to Licensee's satisfaction. Once an item is approved by Licensor, Licensee shall make no material change in such item without Licensee's prior written approval. The approval by Licensor of any usage of the Tony Chachere's Trademarks shall not in any way be deemed to be an admission by Licensor that the Licensed Products complies with applicable laws and regulations. b. Licensee agrees that, in connection with all of the Licensed Products sold by it and all tags, labels, hangers, containers, packaging, advertising, promotional or display materials or the like containing or referring to the Tony Chachere's Trademarks, it will apply proper notations indicating that the Tony Chachere's Trademarks is the exclusive property of Tony Chachere's Creole Foods of Opelousas, Inc., and is used with Licensor's permission and indicating that the Tony Chachere's Trademarks are registered with the United States Patent and Trademark Office. c. Licensor may promote the Licensed Products in Licensor's sales, promotional or advertising materials provided that Licensor first obtains
Licensee's prior written consent. Licensor may not use Licensee's name or trademarks for any other purpose than to promote the Licensed Products, or to indicate that Licensee is a customer of Licensor. Licensor shall not, directly, or indirectly, do anything that may have an adverse effect, or dilute or diminish the value, reputation, or appurtenant goodwill associated with Licensee or the Licensed Products. If Licensee does not provide its written approval to Licensor of any items submitted for approval within ten (10) business days of Licensee's receipt of the request for approval, Licensee shall be deemed to have disapproved the item submitted for approval. d. Licensee further agrees that any advertising which Licensee proposes to be placed in print or to be disseminated through radio or television, or in any other form using the Tony Chachere's Trademarks shall be submitted to Licensor for its written approval prior to release to the press, radio, television, its customers or other media in order to insure that Tony Chachere's Trademarks are properly depicted and protected. If Licensor does ' not provide its written approval to Licensee of any items submitted for approval within 15 business days of Licensee's receipt of the request for approval, Licensor shall be deemed to have disapproved the items submitted for approval. e. During the term of this Agreement, Licensee warrants that all Licensed Products and all tags, labels, hangers, containers, advertising, promotional or display materials or the like displaying the Tony Chachere's Trademarks will comply with all applicable laws of the Territory. 11. CONFORMITY WITH LAWS a. Licensor guarantees that, without limiting the generality of Section 11, at all times any ingredient provided by it for a Licensed Products ("Ingredient") shall be in conformity with the Federal Food Drug and Cosmetic Act (the "Act"), the Federal Insecticide, Fungicide, and Rodenticide Act, the Federal Hazardous Substances Act, the Perishable Agricultural Commodities Act of 1930 and in each instance all regulations and amendments promulgated thereunder, and with all other Federal and applicable state statutes and regulations relating to the preparation and sale of food products, and any ingredient will not be a product which, under Section 404 or 405 of the Act, cannot be introduced or shipped in interstate commerce. Licensor shall obtain all licenses and permits necessary to manufacture, store, sell, and distribute the Ingredient in conformity with applicable laws and regulations in the Territory. b. Licensee guarantees that, without limiting the generality of Section 11, at all times the Licensed Products sold by it shall be in conformity with all laws including the Act, the Federal Insecticide, Fungicide, and Rodenticide Act,
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the Federal Hazardous Substances Act, the Perishable Agricultural Commodities Act of 1930 and requirements for the manufacture of meat, poultry or egg products under the Federal Meat Inspection Act (FMIA), the Poultry Product Inspection Act (PPIA), the Egg Products Inspection Act (EPIA), the Consumer Products Safety Act (CPSA), and in each instance all regulations and amendments promulgated thereunder, and with all other Federal and applicable state statutes and regulations relating to the preparation and sale of food products. Licensee further agrees that the Licensed Products will not be a product which, under Section 404 or 405 of the Act, cannot be introduced or shipped in interstate commerce. Licensee shall obtain all licenses and permits necessary to manufacture, store, sell, and distribute the Licensed Products in conformity with applicable laws and regulations in the Territory. In addition, Licensee guarantees that the Licensed Products shall comply with applicable federal and state guidariee levels relating to the safe preparation of food. 12.TERM a. The license granted by this Agreement shall be effective as of the Effective Date, March 19, 2003, and shall continue for one year (the "Initial Term"). This Agreement shall automatically renew for additional one year periods. Notwithstanding anything to the contrary contained in this Agreement, this Agreement shall expire upon the parties entering a new agreement governing the sale of the Licensed Property included in Exhibit H. b. Notwithstanding the foregoing, Licensor shall have the right not to renew this Agreement if Licensee is in default under any Sections of this Agreement or if Licensee has not achieved at least $4,000,000 in net sales of the Licensed Products during the Initial Term, or if Licensee has not increased net sales by a factor of fifteen percent (15%) each following year. After the Product net sales level for any year has reached $10,000,000, the increase in net sales per year thereafter shall be 10%. c. If Licensee determines, in its sole discretion, to discontinue manufacturing the Licensed Products or using the Tony Chachere's Trademarks, it may do so at any time during the term hereof by providing immediate written notice of the discontinuance to Licensor. Upon Licensor's receipt of such notice, this Agreement shall terminate. If Licensee discontinues manufacturing the Licensed Products or using the Tony Chachere's Trademarks but does not provide written notice of the discontinuance to Licensor, Licensor may send written demand to Licensee to agree in writing to recommence manufacture of the Licensed Products using the Tony Chachere's Trademarks within 60 days of Licensee's transmittal of
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its demand, If Licensee fails to so agree, in writing, within 10 days of Licensee's transmittal of its written demand or if Licensee so agrees in writing but fails to recommence manufacture of the Licensed Products using the Tony Chachere's Trademarks within 60 days of Licensee's transmittal of its demand, Licensor may terminate this Agreement by written notice to Licensee. 13.TERMINATION a. If Licensor files or has filed against it a petition in bankruptcy, discontinues its business, has a receiver appointed for its property, or becomes insolvent, or makes an assignment for the benefit of its creditors, Licensee may at its option terminate this Agreement by giving Licensor written notice of termination. If Licensor breaches any of its obligations under this Agreement, Licensee way give written notice to Licensor calling attention to such breach, specifying the nature thereof and the action required to correct the breach, and stating Licensee's intent to terminate this Agreement unless Licensor corrects such breach within 30 days after receipt of such notice. On the expiration of such 30-day period, if Licensee deems the breach to remain uncorrected, Licensee may at its option terminate this Agreement immediately by giving written notice to Licensor. b. This Agreement, and the License granted hereunder, shall automatically terminate forthwith without any notice whatsoever being necessary if Licensee files a petition in bankruptcy, if Licensee is adjudicated a bankrupt, if a petition in bankruptcy is filed against Licensee, if Licensee becomes insolvent or makes an assignment for the benefit of its creditors, or if Licensee discontinues i is business or if a receiver is appointed for it or its business. If Licensee breaches any of its obligations under this Agreement, Licensor shall give written notice to Licensee specifying the nature thereof and the action required to correct the breach, and stating Licenser's intent to terminate this Agreement unless Licensee corrects such breach within 30 days after receipt o such notice. On the expiration of such 30-day period, if Licensor deems the breach to remain uncorrected, Licensor may, at its option, terminate this Agreement immediately by giving written notice to Licensee. c. Should Licensee wish to be acquired, change its corporate form, sell its assets or an operating division that fulfills obligations under this Agreement or otherwise experience a change in corporate control, Licensee shall first notify Licensor of such proposed acquisition, change or sale, and Licensor shall have the right of first refusal as to such change, sale or acquisition, the right to approve such acquisition, change or sale, or in the alternative to terminate this Agreement within thirty (30) days of such notice. Such approval shall not unreasonably be withheld.
12
14.EFFECT OF TERMINATION a. Upon and after termination or expiration of this Agreement for any reason including a breach by Licensor, all rights granted to Licensee hereunder shall forthwith revert to Licensor. Further, upon termination of expiration of this Agreement for any reason including a breach of Licensor, Licensee agrees to immediately discontinue the use of the Tony Chachere's Trademarks except as provided for herein with any of its business operations. b. If this Agreement is terminated pursuant to Section 13(b), Licensee, its receivers, representatives, trustees, agents, ao!ministrators, successors, or assigns shall have no right to sell, exploit or in any way use or deal with the Licensed Products or any carton, container, packaging or wrapping material, advertising, promotional or display materials bearing the Tony Chachere's Trademarks except with, and under the special consent and instructions of Licensor in writing, which Licensee, its receivers, etc., shall be obligated to follow. c. Notwithstanding the termination or expiration of this Agreement and the provisions of Section 14(a) above, if this Agreement has terminated or expired for any reason other than pursuant to Section 13(b) above or a reason related to the adulteration of, or potential health hazard associated with, the Licensed Products, Licensee shall be permitted to use any packaging and related promotional materials including signage bearing the Tony Chachere's Trademarks and to sell previously manufactured Licensed Products bearing the Tony Chachere's Trademarks on a nonexclusive basis during the 3-month period beginning on the Termination Date provided such Licensed Products complies with all of the terms and conditions of this Agreement. d. Notwithstanding the termination or expiration of this Agreement and the License granted hereby, the obligations of the parties in Sections 6, 10, 11, and 18 shall survive such termination or expiration throughout the sell-off period permitted by Section 14(c) above, and Sections 3, 5, 9, 14, 15, 17, 19, and 22 shall survive termination or expiration of this Agreement for the longest period permitted by law, e. In the event of expiration or termination of this Agreement for any reason, each party shall immediately discontinue use of any confidential information received from, the other party, and within thirty (30) days after expiration or termination, each party shall provide to the other a certification that the originals and all copies of such confidential information have been returned to the disclosing party, or else destroyed, except that, with the written permission of the disclosing party, the receiving party may retain one (1) copy of such confidential information for archival purposes.
13.
15. GOODWILL AND LICENSOR'S REMEDIES

a. Licensee acknowledges that its failure to cease using Licensor's Tony Chachere's Trademarks at the termination or expiration of this Agreement (except as permitted under Section 14(c) above), will result in immediate and irremediable harm to Licensor and to the rights of any subsequent licensee. Licensee acknowledges and admits that damages do not constitute adequate relief for such failure and Licensee agrees that in the event of such failure Licensor shall be entitled to relief by way of temporary and permanent injunctions and such other further relief as any court with jurisdiction may deem just and proper. b. Resort to any remedies referred to herein shall not be construed as a waiver of any other rights and remedies to which Licensor or Licensee is entitled under this Agreement or otherwise. c. Licensee recognizes the great value of the reputation and goodwill associated with the Tony Chachere's Trademarks, and acknowledges that such reputation and goodwill exclusively belongs to and inures to the benefit of Licensor, and that the Tony Chachere's Trademarks are distinctive and is associated with Licensor's goods in the minds of the consuming public Licensee further acknowledges that all of its use of the Tony Chachere's Trademarks pursuant to this Agreement inures to the benefit of Licensor. d. Licensee agrees that it will not during the term of this Agreement or thereafter, adopt, use (except as permitted by this Agreement) or attempt to register any mark which is a colorable imitation of or confusingly similar to the Tony Chachere's Trademarks and further agrees not to challenge or contest the validity of the Tony Chachere's Trademarks, any registrations thereof, or Licensor's title to the Tony Chachere's Trademarks in any country in the world. 16.FORCE MAJEURE Failure of either party to perform hereunder shall not be construed as a breach of this Agreement if such failure to perform is caused by riot, war or hostilities between nations, embargoes, government orders, regulations, laws, ordinances or rulings, acts of God, fire, accidents, strikes, delays of carriers, lack of transportation, inability to obtain materials, or other contingencies beyond the reasonable control of the non-performing party. The non-performing party shall give prompt written notice to the other party of the reason for its failure or inability to perform and the extent and expected duration of its inability to perform. Upon cessation of such situation, the non-performing party shall resume performance hereunder. However, in the event of such non-performance for any 30-day period, or more, during the term hereof, the affected party shall propose adjustments to the
14.
terms of this Agreement to address such non-performance. If said proposed adjustments are not acceptable to the non-affected party, either party shall have the right to terminate this Agreement upon 10 days written notice to the other party with no further obligations except as set forth in Section 14(d). 17. CONFIDENTIALITY a. Licensor agrees to hold in strict confidence and shall not disclose, or use for any purpose other than the fulfillment of its obligations hereunder, any information obtained by Licensor in its inspections of Licensee's books, records, or accounts, its products, its manufacturing facilities, its vendors or suppliers or any other matter concerning the purchase and distribution of the Licensed Products pursuant to the provisions hereof. b. Licensee likewise agrees to hold in strict confidence and shall not disclose, or use for any purpose other than the fulfillment of its obligations hereunder, any information obtained by Licensee from Licensor in connection with this Agreement with respect to Licensor, its products, and its manufacturing facilities. The above obligations of confidentiality and non-disclosure shall exclude information (i) At the time of disclosure, is in the public domain;
(ii) After disclosure, becomes part of the public domain, by publication or otherwise through no violation of a confidentiality agreement with either of the parties hereto: (iii) Was in the possession of the receiving party at the time of disclosure and was not acquired, directly or indirectly, from the other party; (iv) Is later furnished or made known to one of the parties by third parties as a matter of right and without restriction on disclosure; or (v) Is required to be disclosed by court order or other legal process.
The obligations of confidentiality set forth, herein shall survive the expiration or earlier termination of this Agreement for a period of three (3) years. c. The provisions of this section shall be in addition to, and not in lieu of, any separate confidentiality or similar agreement entered into by the parties or their respective affiliates prior to or subsequent to the date of this Agreement.
15
^.LICENSEE'S EXCLUSIVITY During the term of this Agreement and for a period of six (6) months after its termination or expiration provided that such termination is not due to an uncured default hereunder of Licensee, Licensor shall not sell or license to others the right to sell food products of a similar type to the Licensed Products through the Channels of Distribution. 19. GOVERNING LAW: COSTS; WAIVER OF JURY TRIAL a. This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to the conflict of laws principle or rules of such state. In the event of any litigation arising out of any dispute in connection with this Agreement, the parties hereby consent to the jurisdiction of the Louisiana courts with venue in St. Landry Parish, Louisiana which is the agreed upon location where the parties entered into this Agreement. b. In the event of any suit, action or proceeding arising from or relating to this Agreement or the transactions contemplated hereby, the parties hereto shall each bear its own costs, including attorneys fees and expenses, incurred in connection with such suit, action or proceeding. c. Each party waives to the fullest extent permitted by law any right to trial by jury in any action, suit or proceeding brought to enforce, defend, or interpret any rights or remedies under, or arising in connection with or relating to, this Agreement. 20.NO JOINT VENTURE Licensee, when performing hereunder, shall, with respect to Licensor, be an independent contractor. Nothing herein contained shall be construed to place the parties in the relationship of employee, agent, partners or joint venturers, and neither party shall have any power to obligate or bind the other party in any manner whatsoever. 21.NOTICES All notices and statements to be given and all payments to be made hereunder, shall be given to or made by Registered or Certified Mail, return receipt requested, or by an overnight courier service such as UPS, at the respective addresses of the parties as set forth below unless notification of a change of address is given in writing, and the date of mailing shall be deemed the date the notice or statement is given:
16
If to Licensor: Tony Chachere's Creole Foods of Opelousas, Inc. 519 North Lombard Street Opelousas, Louisiana 70971 Attn: Donald Chachere, Jr.
If to Licensee: French Market Foods, Inc. 3935 Ryan Street Lake Charles, Louisiana 70605 Attn: 22. WAIVER. MODIFICATION None of the terms of this Agreement may be waived or modified except by an express agreement in writing signed by both parties. There are no representations, promises, warranties, covenants or undertakings other than those contained in this Agreement, which represent the entire understanding of the parties. The failure of either party hereto to enforce, or the delay by either party in enforcing, any of its rights under this Agreement shall not be deemed a continuing waiver or a modification thereof. Either party may, within the time provided by applicable law, commence appropriate legal proceedings to enforce any or all of such rights. 23.SUCCESSORS AND ASSIGNS a. This Agreement shall be binding upon Licensee and Licensor and their respective permitted successors and assigns. Neither this Agreement nor any right, interest or obligation hereunder of either party shall be assigned or assignable by either party without the written consent o f .the other, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Licensor may assign any of its rights, benefits, and obligations under this Agreement, in whole or in part, from time to time without such consent, to any current affiliate, or to any entity which acquires all or substantially all of its assets. b. Without limiting the foregoing, Licensee acknowledges that Licensor has retained the sole and exclusive right to license other persons or entities to use the Tony Chachere's Trademark except for sales through the Channels of Distribution listed above.
17
24.NO THIRD PARTY BENEFICIARIES This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person, firm, group or corporation any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. 25. PUBLIC ANNOUNCEMENTS Neither party shall issue any press release or make any other public announcement or comment relating to this Agreement or the transactions contemplated herein without the prior written consent of the other party. 26.CAPTIONS The captions in, this Agreement are for the purpose of reference only and shall not limit or otherwise affect the interpretation hereof. 27. SEVERABILITY If any provision of this Agreement is held to be unlawful or unenforceable by a tribunal of competent jurisdiction, each of the remaining provisions shall be given full force and effect as if the terms or provisions held unlawful or unenforceable had not been part of this Agreement, and each of the terms and provisions hereof are specifically declared to be severable from one another. 28.ENTIRE AGREEMENT This Agreement represents the entire agreements between Licensor and Licensee and supersedes all prior agreements, whether written or oral, in their entirety.
18
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed as of the Effective Date. LICENSOR: Tony Chachere's Foods of Opelousas, Inc.
Name: Donald A. Chachere, Title: President LICENSOR French Market Foods, Inc.
Name* Â r Q j / 4 |
Title:
VilLfTdSyjte
19
Exhibit A Green Can Configuration Mr. Tony Caricature Mr. Tony Caricature (Half) Tony Chachere's Tony Chachere's & Design
20
Exhibit H
A. Channels of Distribution 1. Exclusive: French Market Foods permits exclusivity and will not compete for these two channels of distribution. I. Exclusive channels of distribution for Retail Stores, Club Stores, Grocery Stores, and similar retail methods. I I . Exclusive channels of distribution for Cable Shopping Networks that consists of Home Shopping Network and QVC, etc. 2. Non-Exclusive: French Market Foods Can offer private label and Tony Chachere's brand for the following three channels of distribution. I. Private Label for Catalog distribution. II. Private Label for Foodservice distribution. I I I . Private Label for Internet distribution. B. Products covered in this agreement.
Tur-duc-hen Stuffed Turkey Smoked Turkey Fried Turkey Breast Fried Turkey Tur-duc-hen Roll Boneless Chicken Boneless Stuffed Chicken Creole Smoked Chicken SINGLE SERVES 12oz & 32oz Shrimp Creole Crawfish Etouffee Chicken & Andouille Sausage Gumbo Shrimp Gumbo INSTITUTION PACKS 4lbs Shrimp Creole < Crawfish Etouffee Chicken & Andouille Sausage Gumbo Shrimp Gumbo BOUDINS Shrimp Boudin Crawfish Boudin Pork Boudin balls (Breaded) Crawfish Boudin bails Pork Boudin Balls (Unbreaded) Mixed Cajun Smoked Sausage Dressings and Jambalaya Pork & Sausage Jambalaya Shrimp Jambalaya Pork.Rice Dressing Cornbread Dressing Crawfish Jambalaya SPECIALTY MEATS Pork Tasso Beef Tasso Stuffed Pork Chops Stuffed Pork Loins Stuffed Rib Roast SAUSAGES Green Onions Smoked Sausage Beef Cajun Smoked Sausage Duck Smoked Sausage Italian Sausage Creole Pork Smoked Sausage Jalapeno Smoked Sausage Creole Garlic Smoked Sausage Pork Cajun Smoked Sausage Andouille
21
EXHIBIT 5
FOODS
DonaldChachere, Jr. - President Tony Chachere's 519 North Lombard Street Opelousas, LA 70571-1639 Don.
April IK 2011
We have been in our partnership 8 years and we have seen both companies grow and prosper. We have been very blessed with some good people. We believe we have made some big strides in building the Tony Chachere Brand. The few times that we had issues we were able to work through them and keep the relationship. It is with very mixed emotions that we notify you that we have made the decision to move to the next chapter for French Market Foods and begin offering our products under a brand we own. The scheduled change will begin taking place around July 2011. At that time we will transition from Tony Chachere Branded products to our own brand. The effective termination date of no longer paying royalties will be Aug 1,2011. It would mean a lot to us if we can remain friends and share experiences as we grow our companies. I would hope that you see the opportunities you have to grow your company without offering competing products and we hope that this doesn't burn any bridge with you or your company going forward. Don, we hope only the best for you, your family and Tony Chachere Co. We look forward to finishing the next few months with the same cordial relationship we have enjoyed for 8 years and we look forward to grabbing a lunch or dinner with you in the future.
/^latA-, /pCêAM^x
Mark Abraham
EXHIBIT 6
April 28, 201 i Mr. Larry Avery Mr. Mark Abraham French Market Foods 3935 Ryan Street Lake Charles, LA 70605 Re: Dear Larry and Mark: I acknowledge receipt and thank you for your letter dated April 11, 2011. It is agreed that over the years there has been a mutually beneficial relationship between our two companies. As you are aware, pursuant to paragraph 12(c) of the Co-Branding Agreement dated March 19, 2003, your letter of April 11, 2011 immediately terminates the relationship between Tony Chachere's Creole Foods of Opelousas, Inc. and French Market Foods, Inc. Furthermore, pursuant to paragraph 14(c) of the Co-Branding Agreement, upon termination of the Agreement "Licensee shall be permitted to use any packaging and related promotional material including signage bearing the Tony Chachere's Trademarks and to sell piwfrttfffr ffltJHPS*gfHEgd. Licensed Product* bearing the Tony Chachere's Trademarks on a MBffritflive bftjis during the 3-month period beginning on the Termination Date provided such Licensed Products complies with all of the terms and conditions of this agreement." (Emphasis added). In order to ensure compliance with paragraph 14(c) of the Co-Branding Agreement, demand is hereby made upon French Market Foods to produce a current inventory list jo iff April H. 2011. within three (3) days of the receipt of this letter. Thank you in advance for your anticipated cooperation, I remain Sincerely^ William L. Pollingue Chief Financial Officer Your Letter of April 11, 2011
519 North Lombard Street P.O. Box 1639 Opelousas, LA 70571 -1639 Prone: 800-551-9066 Fax:337-948-6854
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EXHIBIT 7
II
JUIN U D CUII
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TONES WALKER
By-
Robert I. Waddcll Direct [)ial(.V>7)2<>2 'H'22> Direct l''ax ^371262 HUM ' r\va(ldcll(ii.?|(iiu'su^tkcr.cnin
June 2, 2011 Via E-mail, Original to Follow by U.S. Mail

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Holland & Knight, LLP 2099 Pennsylvania Ave., N.W., Suite 100 Washington. DC 20006 Re: Tony Chachere's Creole Foods of Opelousas, Inc. Your Ref. 73051/9 Our Ref. 26645/126897-00
Dear Mr. Brooke: We have been retained as intellectual property counsel for French Market Foods of Louisiana, L.L.C. ("FMF"). Your letter to Mr. R. William Ceilings dated May 31, 2011 has been referred to us for handling. Be advised that we are presently investigating the issues raised in your letter concerning your client's alleged ownership of certain "proprietary intellectual properly." We will endeavor to respond to your allegations promptly upon completion of our investigation. To expedite our investigation and ultimately our reply, it would be most helpful if you could provide us with the following information and/or materials: 1. Identify with specificity and describe in detail each of the "names, logos, colors, styles, packaging, photographs and related promotional items" that you contend your client has exclusive rights to and identify the specific goods associated therewith: 2. An example of each product packaging containing the "names, logos, colors, styles, packaging, photographs and related promotional items" identified in your response to paragraph 1 above; 3. Identify with specificity and describe in detail the "distinct graphic style and format" of your client's packaging that you claim FMF's re-branded products may noi resemble; 4. An example of your client's packaging containing the "distinct graphic style and format'' identified in your response to paragraph 3 above;
J O N E S , WALKER, WAECHTER, POITEVTENT, CARRERE & DENEGRE L.L.P.
600 JEFFERSON STREET SUITE 1600 POST OFFICE Box 3408 LAFAYETTE, LOUISIANA 70502-3408 337-593-7600 FAX 337-593-7601 [email protected]
ALABAMA ARIZONA DISTRICT OF COLUMBIA FLORIDA LOUISIANA TEXAS
www.joneswalker.com
Case 6:11-cv-01712-RFD-CMH Document 1-8 Filed 09/23/11 Page 3 of 3 PageID #: 92 Thomas W. Brooke, Esq. June 2,2011 Page 2 5. Identify with specificity each photograph you contend is proprietary to your client and provide a copy of each such photograph; 6. Please advise if your client is claiming ownership of any copyrights in the photographs identified in your response to paragraph 5 above and explain the basis for such ownership claim (e.g., work-for-hire, assignment, etc.); 7. Identify with specificity and describe in detail the "strategy developed by Tony Chachere's" upon which the photographs were allegedly based; and o. A copy of each and every federal trademark registration owned by your client for the trademarks at issue. Please provide the requested information and materials at your earliest convenience so that we can complete our investigation and reply to your letter. The information and materials will also greatly assist FMF in its efforts to avoid incorporating any of your client's legitimate trademark or trade dress rights in its re-branded products. Sincerely.
ROBERT L. WADDELL RLW/gtr
EXHIBIT 8
2099 Pennsylvania Avenue, N.W., Suite 100 | Washington, DC 20006 | T 202.955.3000 | F 202.955.5564 Holland & Knight LLP | www.hklaw.com
June 9, 2011 VIA EMAIL (without enclosures) & UPS

THOMAS W. BROOKE Direct Dial: (202) 663-7271 Fax: (202)955-5564 Email: [email protected]
Robert L. Waddell Jones Walker LLP 600 Jefferson Street, Suite 1600 Lafayette, Louisiana 70502-3408 Re: Co-Branding Agreement between French Market Foods Louisiana, LLC and Tony Chachere's Creole Foods of Opelousas, Inc. Our Ref. 73051/9
Dear Mr. Waddell: We refer to your correspondence dated June 2, 2011 regarding protection of Tony Chachere's intellectual property rights. You requested that we specify and describe in detail our client's intellectual property rights. As an initial matter, we note that our client is not required to specify any of its rights to later assert infringement of its intellectual property. Nevertheless, in response to your inquiry, we have enclosed DVDs containing sample images of some of our client's packaging, photography and promotional material, and our client's current US Patent and Trademark applications and registrations. This collection neither is a complete description of our client's rights, nor is it intended to be one. By providing the information contained in this letter and enclosures, your client is on notice of the intellectual property rights asserted therein, and any unauthorized use, copying, or imitation that results in a likelihood of customer confusion will be regarded as willful infringement. As you are aware, particularly in the case of trade dress protection, a single feature may not be protected, but the combination of several features may well give rise to infringement liability if copied. As I am sure you are also aware, some
June 9, 2011 Case 6:11-cv-01712-RFD-CMH Document 1-9 Filed 09/23/11 Page 3 of 4 PageID #: 95 Page 2
features may be so prominent and distinctive that imitating such a feature alone may lead to customer confusion, i.e. infringement. To assist your client with adjusting its business activities, promotional materials and packaging we would like to also draw your special attention to the following very distinctive features of our client's packaging and promotional material: Green color of packaging Cartoon character of Tony Chachere Photographs of Tony Chachere Banner style on packaging, and amount and placement of such banners Photographs of food items prepared in the distinctive style shown on all Tony Chachere's products and materials Shaded/outlined food images and trees on back of packaging Images of food items displayed in particular manner on packaging, including approx. 2/3 proportionality of food image to rest of the front Color blotches on packaging Cut of food cartons Blue/red ribbon with medal Obviously, reproducing a blue colored carton with the same photographs, banners, a cartoon character dressed in white, and shaded food images on the back may still give rise to infringement liability. By the same token, a green package or promotional material with no banners but the same photographs and style shown on the front of the package with the same proportions may equally give rise to liability. We need not point out the fact that customers usually retain only a general image of a certain item and trademark in their memories, in particular when food products are concerned. As to the photographs in particular, Tony Chachere uses these images on all manner of promotional items and materials. For instance, they appear on food trailers, cookers, show booths, signage and elsewhere. Due to this widespread use, these photographs have become inextricably linked with Tony Chachere's goods and services. Hence any unauthorized use that is likely to confuse the public may be considered trademark infringement. Because we hope that your client is interested in creating its own trade dress, logos, names and promotional strategy, and does not intend to trade on our client's goodwill, we trust that this matter should not become an issue in the future. Be advised that our client is determined to protect its intellectual property rights, and
#10396077 vl
June 9, 2011 Case 6:11-cv-01712-RFD-CMH Document 1-9 Filed 09/23/11 Page 4 of 4 PageID #: 96 Page 3
we will advise our client of its legal options under Federal and State law should it become necessary. Sincereh LAND & KNIGHT LLP homas W. Brooke cc: Mr. Donald Chachere William PoUingue, Esq. Leslie Schiff, Esq.
#10396077 vl
EXHIBIT 9
TONES WALKER
Robert 1 . VC'addcll
Sat aiiwitttiltii Mtikirriii DirwtDiat M7 yn^(>2\ Diren Fax T^7-59.1 76fll rwîlLicll^jum'SwutVoi" crun
July 22, 2011
Mr. Leslie J. Schiff Schiff, Scheckman & White, LLP 117 W.Landry Street Opelousas, LA 70570 Re: Tony Chachere's Creole Foods of Opelousas, Inc. ("Tony Chachere's") Our File: 26645/126897-00
Dear Mr. Schiff: This firm represents French Market Foods of Louisiana, LLC ("FMF"). I am in receipt of your letter dated June 28, 2011, to Mr. R. William Collings and have been asked to respond on behalf of FMF. For the reasons explained below, we do not share your opinion that the CoBranding Agreement, effective March 19, 2003, between our respective clients is cancelled and no longer in effect. Your letter alleges that FMF has breached certain provisions of the Agreement providing for immediate termination. While FMF disputes the existence of any act or omission on its part in breach of the Agreement (and will address such alleged breaches hereinbelow), your position that Tony Chachere's may voluntarily and immediately terminate the Agreement contravenes the express contract terms. I draw your attention to Section 13(b) of the Agreement, which provides: If Licensee breaches any of its obligations under this Agreement, Licensor shall give written notice to Licensee specifying the nature thereof and the action required to correct the breach, and stating Licenser's [sic] intent to terminate this Agreement unless Licensee corrects such breach within 30 days after receipt of such notice. On the expiration of such 30-day period, if Licensor deems the breach to remain uncorrected. Licensor may, at its option, terminate this Agreement immediately by giving written notice to Licensee. Section 13(b) must be read in conjunction with the notice provisions of Section 21, which provides: All notices and statements to be given and all payments to be made hereunder, shall be given to or made by Registered or Certified Mail, return receipt
.0164173.1} JONES, WALKER, WAECHTER, POITEVENT, CARRERE & DENEGRE L.L.P.
;.00 JEFFERSON STREET SUITE 1600 - POST Omen Box 3408 * LAFAYETTE, LOUISIANA 70502-3408 337-593-7600 FAX 337-593-7601 E-MAII. in(o<*jowswall<ct.com www.jonewiilker.com
ALABAMA ARIZONA DISTRICT OF COLUMBIA FLORIDA LOUISIANA TEXAS
Case 6:11-cv-01712-RFD-CMH Document 1-10 Filed 09/23/11 Page 3 of 14 PageID #: 99 Mr. Leslie J. Schiff July 22, 2011 Page 2 requested, or by an overnight courier service such as UPS, at the respective addresses of the parties as set forth below unless notification of a change of address is given in writing, and the date of mailing shall be deemed the date the notice or statement is given . . . " We are unaware of any valid written notice being made upon FMF under Section 13(b) of the Agreement that would justify your client's immediate termination of the Agreement. To the extent you assert that Mr. Donald A. Chachere, Jr.'s December 17, 2008, letter to Mr. Larry Avery and Mr. Mark Abraham constituted written notice of FMF's alleged breaches under Section 13(b) of the Agreement, we understand the letter was sent by regular mail and therefore fails to comply with the notice provisions of Section 21 that requires effective notice to have been sent via Certified or Registered Mail, return receipt requested or by overnight courier. Should you take the position that your letter of June 28, 2011, constitutes valid notice under Section 13(b) of the Agreement justifying immediate termination, your position appears unsustainable as your letter does not appear to have been sent by Certified or Registered Mail, return receipt requested, or by overnight courier, or sent to the proper addressee. Be advised that FMF timely responded point-by-point to each of the alleged breaches your client identified in its December 17, 2008, letter. See, copy of FMF's letter to Mr. Chachere dated January 5, 2009. FMF received no further correspondence from your client disputing FMF's resolution of the alleged breaches nor did your client terminate the Agreement for any alleged breaches FMF left uncorrected. FMF certainly considered the issues resolved to your client's satisfaction. It strains credulity that three years later your client now purports to invoke the immediate termination provisions under Section 13(b) based on its December 17, 2008 demand letter. Even if your client's December 17, 2008, letter and your June 28, 2011, letter were properly noticed under Section 21 of the Agreement (which is denied), your client's purported immediate termination is ineffective as being stale. Moreover, your client's inaction for the past three years evidences its waiver of such claims. And now I will address each of FMF's alleged violations identified in your letter of June 28,2011. 1. Your letter asserts that FMF breached Section 9(e) of the Agreement by failing to "maintain product liability insurance which would include coverage for recalls equivalent to 10% of its annual sales." Section 9(e) of the Agreement provides: Licensee will maintain . . . commercial general liability insurance including products/completed operations coverage . . . providing coverage in the amount of $1,000,000 for any such product liability claims, coverage for recalls equivalent to ten percent (10%) of Licensee's annual sales under this Agreement.... In its January 5, 2009 letter to Mr. Chachere, FMF replied, "Liability insurance was forwarded from Dupre, Carrier, Godchaux." A copy of FMF's Certificate of Liability Insurance forwarded
{L0164173.I}
Case 6:11-cv-01712-RFD-CMH Document 1-10 Filed 09/23/11 Page 4 of 14 PageID #: 100 Mr. Leslie J. Schiff July 22, 2011
Page 3
by the agent is attached. Note your client is named as an additional insured. As FMF advised your client, FMF is self-insured for product recalls. Your client never voiced any objection to such self-insurance and continued to accept royalty payments from FMF and otherwise operate under the Agreement. Contrary to your claim, FMF has not breached Section 9(e) of the Agreement. FMF understood that self-insuring for recalls was agreeable to your client. We also point out that Section 9(b) of the Agreement requires your client to maintain general liability insurance coverage including products/completed operations coverage in the amounts specified and to furnish a certificate of insurance to FMF confirming that FMF has been named as an additional insured on such policy. Your client never provided FMF with the certificate. 2. Your letter accuses FMF of breaching Section 13(c) of the Agreement by what you admit is hearsay information recently supplied to you or your client "regarding new investors." Your letter states that any significant change in ownership of Licensee may provide grounds for immediate termination. We take exception to your characterization of the terms of Section 13(c). Section 13(c) provides: Should Licensee wish to be acquired, change its corporate form, sell its assets or an operating division that fulfills obligations under this Agreement or otherwise experience a change in corporate control, Licensee shall first notify Licensor of such proposed acquisition, change or sale, and Licensor shall have the right of first refusal as to such change, sale or acquisition, the right to approve such acquisition, change or sale, or in the alternative to terminate this Agreement within thirty (30) days of such notice. Such approval shall not unreasonably be withheld. Be advised that no event has occurred that would trigger the provisions of Section 13(c). FMF has not recently been acquired, changed its corporate form, sold its assets, or an operating division that fulfills obligations under the Agreement nor experienced a change in corporate control. Mr. Avery and Mr. Abraham remain in control of FMF. While you assert immediate termination is available under Section 13(c), the contractual terms of this section expressly condition termination on providing 30-days advanced notice. 3. Your letter alleges a violation of Section 5(d) of the Agreement based on FMF's alleged abandonment of an 800 telephone number that handled product complaints. We note that no term of the Agreement obligates FMF to acquire and maintain any 800 telephone number. The 800 number you allude to was acquired and used by FMF in its business operations before FMF entered into the Agreement with Tony Chachere's. At the time FMF and Tony Chachere's began jointly publishing their website (which listed a new 800 telephone number owned by your client), FMF released its old 800 number. Once released, FMF had no control over to whom the telephone company assigns the number. To attribute any liability to FMF for the telephone company's assignment of the 800 number is unjustified and contrary to law, FMF's actions in
{L0164173.:
Case 6:11-cv-01712-RFD-CMH Document 1-10 Filed 09/23/11 Page 5 of 14 PageID #: 101 Mr. Leslie J. Schiff July 22, 2011 Page 4 releasing an 800 telephone number it acquired before entering the Agreement do not constitute a breach of Section 5(d) of the Agreement. We further take issue with your unsupported statement that your client's reputation has been has been harmed. If you have any evidence that calls intended for FMF or Tony's Chachere's have been made using the released 800 number, please provide such evidence. Moreover, it is not the diminishment of Tony Chachere's reputation that violates Section 5(d) but the goodwill in the Tony Chachere's trademarks. The 800 number is not a use of Tony Chachere's trademarks and therefore cannot affect any alleged goodwill therein. 4. Your letter accuses FMF of violating Section 2(f) of the Agreement by allegedly "undertaking under a separate label to sell products which directly compete with products which are licensed from us and as to which our licensing agreement would apply." You have also accused FMF of certain alleged pre-sell efforts. As stated in FMF's April 11, 201 lr letter to Tony Chachere's, upon termination of the Agreement, FMF does plan to offer products under its own brand. FMF, however, has not engaged in any activities in violation of Section 2(f). Section 2(f) must be read in view of the parties' intent and with an eye towards other express provisions of the Agreement; namely, your client clearly understoodand in fact authorized FMF during the license termto sell its private label products for catalog distribution, food source distribution, and Internet distribution. (See, Exhibit H to the Agreement). Your statement that breach of Section 2(f) is grounds for immediate termination is incorrect. Section 13(b) controls alleged breaches of the Agreement by Licensee, including any alleged breach of Section 2(f). Accordingly, before Tony Chachere's may terminate the Agreement for breach of Section 2(f), FMF would have to have engaged in activity violative of the provisions (which it has not) and Tony Chachere's would have had to provide valid written notice to FMF giving FMF 30 days to cure the alleged breach with a failure to so cure. Your client has not provided the required notice. 5. You take the position that FMF's April 11, 2011 letter providing advanced warning to Tony Chachere's that FMF would be terminating the Agreement as of August 1, 2011, somehow constitutes immediate notice of termination. FMF, in good faith, wrote to Mr. Chachere on April 11, 2011, to let him know that FMF intended to terminate the Agreement on August 1, 2011, so that your client could adjust its business plans. This was the right thing to do. Rather than appreciate FMF's gentlemanly gesture, you and your client seek to gain some advantage by claiming the letter invoked an immediate termination. It did not. Nor would a court likely agree with your position. 6. Given your client's expressed desire to end the Agreement, FMF, pursuant to Section 12(c) of the Agreement, hereby provides notice to Tony Chachere's (via courtesy copy of this letter being sent by overnight courier) that FMF terminates the Agreement effective immediately (as of July 22, 2011 the date hereof). 7. Be advised that FMF fully expects your client, in accordance with Section 18 of the Agreement, to comply with its obligations "not to sell or license to others the right to sell
{L0I64173.1}
Case 6:11-cv-01712-RFD-CMH Document 1-10 Filed 09/23/11 Page 6 of 14 PageID #: 102 Mr. Leslie J. Schiff July 22, 2011 Page 5 food products of a similar type to the License Products through the Channels of Distribution" for a period of six months after termination, or until January 22, 2012. Please provide written assurance that your client intends to comply with its contractual obligations. 8. FMF understands that your client intends to offer a shrimp product. Be advised that prior to the Agreement with Tony Chachere's, FMF sold its own shrimp product using packaging bearing FMF's proprietary and exclusive trade dress. Any use by Tony Chachere's of FMF's trade dress for its shrimp product or any colorable imitation thereof will constitute trademark infringement and unfair competition entitling FMF to damages, your client's profits, attorney fees and costs. Please provide written assurance that your client intends to package its shrimp product in packaging that does not infringe upon FMF's trade dress rights. In summary, your client has no grounds to contend that FMF has breached any provision of the Agreement. Additionally, any asserted termination of the Agreement based on FMF's alleged breach of the Agreement is premature and ineffective due to invalid notice. And contrary to your assertion, FMF's April 11, 2011, letter did not terminate the Agreement as of the mailing date. Please provide the written assurances requested above within 10 days.
-^m-
/ROBERT L. WADDELL RLW/sk Enclosures VIA EMAIL cc/enc: Tony Chachere's Creole Foods of Opelousas, Inc. (via Federal Express)
Sincerely,
{L0164I73.I}
m MARKET
FOODS
Don Chachere Tony Chachere Co. P.O.'Box 1639 Opelousas, LA 70571-1639 Don,
January 5, 2009
I would like to take this opportunity to wish yom'and your family a Happy, Healthy and Prosperous New Year. I am writing in respqtf&fto your letter of December 17, 2008 where then are outstanding issues with the contract * 1. List of all products witfoA Tony Ch^llfeFe label approved channels of internet and foodservice will be covered in Attachfitt^F A. We are not offering a competing retail product in the grocery j$tas^.though $fe%ave some torilt^8& retail packaged)accoiuits for sausage and boudmthat we have ha#'-H>r many years These are foodservice products. 2. We are using only Torres seasdfeB&^ffip^îi^^^r products except the sausages where we had a blend of our reeijpfe p r e y e d in bulk1 batches. We can add Tonys to sausage with a label change. But w e - w ^ i prefer you grant an exception. Please advise. 3. We would like to add the Crawfish Cornfead to the list of products offered under the Tony's label. 4. Private label products are sold only through food service, internet /catalog distribution channels. We are moving our entire internet over to Tony Chachere products. This should help reach our sales goals since this has been a fast growing area for our company. 5. The reports for the monthly sales will be sent monthly along with the royalty check. 6. Any product samples will be sent within 3 days of request by the management or board ol Tony Chachere. The samples will verify that the high quality for the Tony Chachere product. line remains consistent. 7. Sample will be sent in advance of any potential new products. 8. The plant has a USDA inspector everyday that inspects and verifies compliance, 9. The inspection of our books, as we discussed, is available. We would appreciate an appointment being made to avoid any conflicts with scheduled. 10.Customer complaints' are handled expeditiously and every effort is made to satisfy that customer so he /she will continue being a Tonys customer. We will forward electronically the ones we have saved and the resolution. 11. Complaints are called or emailed until satisfaction is reached. Coupons or money back is also available if needed. Complaints are sent to management to confirm resolution and to log or file.
393.S Rvan fihwrt ! V n i j r W I A W i m <* '<- "<' ' - - - -
12.Liability insurance was forwarded from Dupre, Carrier, Godchaux. 13.Prior approval on all designed is agreeable and has been consistent with the way we have operated in the past. 14.The sales for the years 2004-2008 for the Tony Chachere product line has increased, as well as, the royalty payments but we have had some great growth only to have it pulled back a year later. This is a hard business to maintain a consistent growth but we believe we are the best position for growth and profitability in 2009 since the inception of the contract with Tonys. 15. We understand the policy concerning breaches. 16. We have sent our cuirent ownership structure to you and we will notify' you in advance ol any potential change in ownership. We don't have anyone interested in purchasing our company at this time nor or we soliciting an acquirer for our company.
Respectfully,
Mark Abraham
Attachment A
Products covered in this agreement.

Tur-duc-hen Stuffed Turkey Smoked Turkey Fried Turkey Breast Fried Turkey Tur-duc-hen Rod Dressings and Jambalaya Pork & Sausage Jambalaya Shrimp Jambalaya Pork Rice Dressing Cornbread Dressing Crawfish Jambalaya
Boneless Chicken Boneless Stuffed Chicken Creole Smoked Chicken
SPECIALTY MEATS Pork Tasso Beef Tasso Stuffed Pork Chops
SINGLE SERVES 12oz & 32oz Shrimp Creole Crawfish Etouffee Chicken & Andouille Sausage Gumbo Shrimp Gumbo
Stuffed Pork Loins Stuffed Rib Roast
SAUSAGES Green Onions Smoked Sausag< Beef Cajun Smoked Sausage
I N S T I T U T I O N PACKS 4lbs Shrimp Creole Crawfish Etouffee Chicken & Andouille Sausage Gumbo Shrimp Gumbo
Chicken Sausage Italian Sausage Creole Pork Smoked Sausage Jalapeno Smoked Sausage Creole Garlic Smoked Sausage Pork Cajun Smoked Sausage Andouilie
^ /"-^-i.(.~ <-.~%r. F r-.
BOUDINS
Shrimp Boudin Crawfish Boudin Pork Boudin bails (Breaded) Crawfish Boudin balls Pork Boudin Balls (Unbreaded)
12oz Entrees:
Shrimp Etouffee Chicken & Sausage Sauce piquant Red Beans & Sausage Blend of the Bayou Pork Jambalaya
Meat Items:
Stuffed Chicken Breast Stuffed Pork Chops Creole Burger
Meat Pies:
Regular Meat Pie Mini Meat Pie Regular Crawfish Pie
Shrimp: All sizes peeled All Sizes shell-on headless
Mini Crawfish Pie

Regular Shrimp Pie Mini Shrimp Pie Regular Taco Pie
Mini Tarn Pie
Case 6:11-cv-01712-RFD-CMH LIABILITY Filed 09/23/11 ACQRDu CERTIFICATE OFDocument 1-10 INSURANCEPage 11 of 14 PageID #: 107 12/22/2008
PRODUCER (337)948-8186
DATE (MMrt>0/YYYY)
FAX (337)948-3868
Dupre-Carrier-Godchaux PO Box 1298 306 W Landry S t Opelousas, LA 70571-1298

INSUREO
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE
INSURER A The N e t h e r l a n d s I n s . Co.
NAIC#
INSURERS Peerless Insurance Company French Market Foods Inc 3935 Ryan Street Lake Charles, LA 70605
' INSURERc America F i r s t Insurance
INSURER D: La
INSURER E.
24198
Retailers
COVERAGES . _ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHS ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS 0 POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY | CLAIMS MADE [ X | OCCUR POUCY NUMBER
INSR ADD'l ITR INSRt
CBP8042444 06/29/2008
POUCY EFFECTIVE DATE IMMIDn/YYI
POLICY EXPIRATION
OftTEIMMfflOTY)
06/29/2009
EACH OCCURRENCE DAMAGE TO RENTED MED EXP (Any one person) PERSONAL S ADV INJURY GENERAL AGGREGATE
GEN'L AGGREGATE LIMIT APPLIES PER

*" - i pRf)_
r
PRODUCTS - COMP/OP AGG
1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000
POLICY
JECT
LOC
AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEO AUTOS
BA8043344 06/29/2008
06/29/2009
COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident} PROPERTY DAMAGE (Per accident)
1,000,000
OARAGE LIABILITY ANY AUTO
AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY EAACC AGG
EXCESS/UMBRELLA LIABILITY OCCUR I J CLAIMSMADE
CU8043944
06/29/2008
06/29/2009
EACH OCCURRENCE
AGGREGATE
10,000,000
DEDUCTIBLE
RETENTION
10,00C
WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPPIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED'' If yes describe tudar SPECIAL PROVISIONS below OTHER
0999-05924 01/01/2008
01/01/2009
X A
.TORY .LIMITS
WC STATU-
OTHIFR
EL EACH ACCIDENT EL DISEASE-EAEMPLOYEE E l DISEASE - POLICY LIMIT
100,000 100,000 500,000
ESCRIPJl.ON OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
jrtificate Holder Is Additional Insured With Respect To Commercial General Liability As aquired By Written Contract. "f you should have any questions please contact Missy Sonnier at 337-948-8186 Ext 118
ERTtFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Tony Chachere's Creole Foods of Opelousas,Inc P. 0. Box 1639 Opelousas, LA 70571

X ) R D 25 (2001/08)
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE
James Wallace/MISSY
^**-*f V- vXJalu.
ACORD CORPORATION 198S
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on wis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
CORD 25 (2001/08)
Case 6:11-cv-01712-RFD-CMH Document 1-10 Filed 09/23/11 Page 13 of 14 PageID #: 109 ACORD^ CERTIFICATE OF LIABILITY INSURANCE | "u/ZZoos
PRODUCER (337)948-8186 FAX (337)948-3868
Dupre-Carrier-Codchaux PO Box 1298 306 W Landry St Opelousas, LA 70571-1298

INSURED
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE INSURERA. T r i n i t y Universal Company

INSURERS P r a e t o r i a n S p e c i a l t y Ins Co Bridgefield
NAIC#
19887
Gulf I s l a n d Shrimp & Seafood I I , LLC 3935 Ryan S t r e e t Lake C h a r l e s , LA 70605
INSURERc American Guarantee & L i a b i l i t y

INSURERD
INSURER E
..
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHS ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS 0 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD' LTR INSR TYPE OF INSURANCE GENERAL LIABILITY POLICY NUMBER POLICY EFFECTIVE I1ATF IMIimrwYY) POLICY EXPIRATION nATFIMM/DDT/Yl LIMITS EACH OCCURRENCE DAMAGE TO RENTED MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE GE *L AGGREGATE LIMIT APPLIES PER PROPOLICY LOC JECT AU rOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS PRODUCTS - COMP/OP AGG S S S
CAP250272900 03/31/2008
03/31/2009
COMMEJ*CIAL GENERAL LIABILITY | CLt IMS MADE | X [ OCCUR
$
i
1,000,000 100,000 Excluded 1,000,000 2,000,000 2,000,000
PSILA0O05140 03/31/2008
03/31/2009
COMBINED SINGLE LIMIT (Ea acadeni) BODILY INJURY (Per person) BODILY INJURY 1 Per accident) PROPERTY DAMAGE (Per accidenl)
* % % $ s
I i
1,000,000
X X X
SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS
GARAGE LIABILITY ANY AUTO
AUTO ONLY . EA ACCIDENT OTHER THAN AUTOONLY

f AACC AGG
EXCESSAJMBRELLA LIABILITY
AUC5327465-03 03/31/2008
03/31/2009
EACH OCCURRENCE AGGREGATE
OCCUR
DEDUCTIBLE RETENTION
1 CLAIMS MADE
C
%
5,000,000
$ $ $ $ s
OTHfiR
5,000,000 5,000,000
WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED-' If yes. describe under SPECIAL PROVISIONS below OTHER
0196-07653 01/01/2008
01/01/2009
Y WC STATU- ] * TORY ' I M I * R ' E L EACH ACCIDENT
s
I.
E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT
1,000,000 1,000,000 1,000,000
IESCRIPTTON Of OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
eneral L i a b i l i t y - Blanket A d d i t i o n a l Insured and Blanket Waiver o f Subrogation Included s Required By W r i t t e n Contract.
I f you should have any questions please contact Missy Sonnier a t 337-948-8186 Ext 118.
:FRHF1CATC HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
Tony Chachere's Creole Foods o f Opelousas,Inc P. 0. Box 1639 Opelousas, LA 70571 CORD 25 (2001/08)
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE
3ames Wal1ace/MISSY
^^y.v^Mcc
ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ÔRD 25 (2001/08)
EXHIBIT 10
EXHIBIT 11
About | Big Easy Foods

ABOUT PRODUCTS CONTACT US
Big Easy Foods is the premier brand of authentic and delicious Louisiana cuisine offering over 30 products. Our product line includes: Smoked Sausage and Boudin, the Finest Wild Caught Shrimp, Boneless Chickens, Tur-Duc-Hens, Louisiana Entrees and Meat Pies. Our product line is available in stores across the country as well as, shipped nationally when ordered from our web site.
WILD CAUGHT GULF SHRIMP SMOKED SAUSAGE AND BOUDIN BONELESS STUFFED CHICKEN TUR-DUC-HEN STUFFED TURKEY ENTREES CORNBREAD MEAT PIES
The Big Easy Foods Story The Big Easy Company began over a decade ago selling Sausage and Boudin in the stores in Southwest Louisiana. Known then as French Market Foods. Larry Avery and Mark Abraham (the Managing Partners) saw how well the products were enjoyed so they built a new 15,000 square foot USDA plant on Ryan Street in Lake Charles and began expanding their product line to include the Famous Turduchen and the first ever completely boneless stuffed and seasoned chickens. These products were big hits especially the Turduchen's so they began expanding outside of Louisiana into Texas, Mississippi, and Tennessee. The line expanded further when Larry and Mark acquired one of the premier Domestic Shrimp Processors in the Gulf Coast and began putting their Big Easy Branded Shrimp into grocery stores across the country. Today we still sale our Sausage and Boudin but we offer over 30 other products, which include the Finest Wild Caught Shrimp, Boneless Chickens, Turduchens, Louisiana Entrees and Meat Pies (Empanadas). The Big Easy product line is available in stores across the country as well as, shipped nationally when ordered from our web site.
3935 Ryan Street Lake Charles, LA 70605 855-477-9296
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Products | Big Easy Foods

Boneless Stuffed Chicken Tur-Duc-Hen Wild Caught Gulf Shrimp Smoked Sausage And Boudin
Stuffed Turkey
Entrees
Cornbread
Meat Pies
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EXHIBIT 12

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Big Easy Foods Creole Style Tur-Duc-Hen

Stuffed with Cornbread & Pork-rice Dressing 15 lbs. Minimum
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Nutritional Information At Big Easy Foods Louisiana Cuisine, our Turduchen is a partially deboned Turkey stuffed with Duck, Chicken, and homemade Cornbread & Pork Rice Dressing. A richness of flavor from the three different holiday birds provide a new complexity to a simple idea. Many families are creating new traditions by serving a Tur-Duc-Hen in place of a traditional roasted Turkey for a holiday feast. Others, who no longer live in the Southern United States, will serve a Cajun Turducken as a simple reminder of the traditions and cuisine they miss. Tail-gating at your next event will make you the hero when you carve a Tur-Duck-Hen from Big Easy Foods. The Louisiana Tur-Duc-Hen is also known as our cornbread & pork-rice dressing Tur-Duck-Hen. First we partially debone the turkey, leaving the legs and wings, then we stuff it with boneless chicken thigh meat, succulent duck breast meat, and moist cajun cornbread & pork-rice dressing. Ready to cook Weight: 15 lbs Cooking Instructions
[Model Turkey / turduchen]
http://www.costco.com/Browse/Product.aspx?Prodid=l 1595744&search=big+easy&Mo=l... 9/15/2011

Standard shipping via UPS 2nd Day Air is included in the quoted price.The e s t i m a t e d d e l i v e r y t i m e w i l l be a p p r o x i m a t e l y 5 business d a y s f r o m t h e t i m e of o r d e r . *Delivery is available to Alaska and Hawaii. An additional Shipping and Handling fee will apply to shipments going to Alaska or Hawaii. This fee will be quoted at checkout. Additional transit t i m e may be required. Delivery is not available to Puerto Rico. Costco.com products can be returned to any of our more than 500 Costco warehouses worldwide.
Summary of Customer Ratings & Reviews Overall Rating <###*> Share this Product: G Product Reviews ^ * Choose a sort order 12 3 4 5 6 n e x t Rating: ^ (out of 23 reviews) Review this product
##"##
Heaven on a Plate Pros: 4.5 hours (thawed) from oven to table! Cons: no cons! try it you'll like it!! "This Creole Style Tur-Duc-Hen is also known as Combread & Pork-Rice Dressing Tur-DuckHen. First they partially debone the turkey, leaving the legs and wings, then they stuff it with boneless chicken thigh meat, duck breast meat, and moist cajun combread pork-rice dressing. So succulent, so good! It arrived super fast, just 2 business days after ordering it!!" Was this review helpful to you? Yes No (Report Inappropriate Review) Share this Review: G ^ -
PackerFan Location: Gilroy, CA Date:January 31, 2011
http://www.costco.com/Browse/Product.aspx?Prodid= 11595744&search=big+easy&Mo=l... 9/15/2011
Rating:
kkkk'k
Excellent Holiday Meal "This is the 2nd time I've served Tony Chachere's Tur-Duc-Hen for Christmas Dinner. And the first time I've ordered it on line. Great purchase experience, fast shipping, easy to prepare, and it's a head turner, over the traditional Christmas Turkey. Especially noteworthy is the sausage stuffing, which is to die for." Was this review helpful to you? Yes No (Report Inappropriate Review) Share this Review: f i '^ C
Anonymous Location: Seattle, Wa DateJanuary 6, 2011
Rating:
-kit "kit if
Yummo! Pros: easy to cook (just follow the directions), arrived within 2 days of shipping Cons: a little pricey but it is a solid15 lbs. "I was looking to break from tradition when I order the Tur-Duc-Hen, and what a wonderfully flavorful decision that was! I followed the cooking instructions and had a perfectly cooked, gorgeous bird to take to the dinner table. It looked great and tasted even better! The sweetness of the combread stuffing was perfectly offset by the spiciness of the rice & sausage stuffing. I will definitely purchase this again!" Was this review helpful to you? Yes No (Report Inappropriate Review) Share this Review: E3 ' . tr
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GrammaG Location: Culbertson, MT Date:December29, 2010
Rating:
# * # # -
Big Hit with the family

Pros: unique -yje o r c j e r e d on short notice but it came in 2 days. It defrosted and cooked well. Though it needed to be watched as when it was uncovered for that last hour I noticed the legs and wings were burning and so I recovered those parts and continued to bake with the main part of the bird exposed. No one seemed to find any chicken and possibly only duck breast within the turkey so not exactly 3 whole boneless birds in there. Also, the cornbread stuffing was a bit sweet for our tastes but good for others, great for left over sandwiches, overall this was a big hit and good to try at least once." Was this review helpful to you? Yes No (Report Inappropriate Review) Share this Review: E l '2 wr *~
Salvia Location: New York, NY Date:December 27, 2010
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Item # 543301 Rated "A" "fir "A" ifc' t . ' ? ( u t of 23 reviews) C
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Nutritional Information At Big Easy Foods Louisiana Cuisine, ourTurduchen is a partially deboned Turkey stuffed with Duck, Chicken, and homemade Cornbread & Pork Rice Dressing. A richness of flavor from the three different holiday birds provide a new complexity to a simple idea. Many families are creating new traditions by serving a Tur-Duc-Hen in place of a traditional roasted Turkey for a holiday feast. Others, who no longer live in the Southern United States, will serve a Cajun Turducken as a simple reminder of the traditions and cuisine they miss. Tail-gating at your next event will make you the hero when you carve a Tur-Duck-Hen from Big Easy Foods. The Louisiana Tur-Duc-Hen is also known as our cornbread & pork-rice dressing Tur-Duck-Hen. First we partially debone the turkey, leaving the legs and wings, then we stuff it with boneless chicken thigh meat, succulent duck breast meat, and moist cajun cornbread & pork-rice dressing. Ready to cook Weight: 15 lbs Cooking Instructions
[Model Turkey/turduchen]
http://wvvw.costco.com/Browse/Product.aspx?Prodid=l 1595744&search=big+easy&Mo=l... 9/15/2011
Standard shipping via UPS 2nd Day Air is included in the quoted price.The e s t i m a t e d d e l i v e r y t i m e w i l l be a p p r o x i m a t e l y 5 business d a y s f r o m t h e t i m e of o r d e r . Delivery is available to Alaska and Hawaii. An additional Shipping and Handling fee will apply to shipments going to Alaska or Hawaii. This fee will be quoted at checkout. Additional transit t i m e may be required. Delivery is not available to Puerto Rico. Costco.com products can be returned to any of our more than 500 Costco warehouses worldwide.
Summary of Customer Ratings & Reviews Overall Rating # # # # * > Share this Product: G l::wT ~ Product Reviews Choose a sort order prev 1 2 3 4 5 6 n e x t Rating: W (out of 23 reviews) Review this product
#"####
y u m m y y u m m y yummy! Pros: easy to carve Model Number: Tur-Duc-Hen "It was a big hit with the entire family. The seasoning and taste was good. Cooking and carving was a breeze. Basted the skin in butter, a few times and got a nice golden color." Was this review helpful to you? Yes No (Report Inappropriate Review) Share this Review: El :':J WT %~
Gladys7 Location: Alachua, Florida Date:December 2, 2010
Rating:
**##"#
Tur-Duc-Hen Pros: easy "We served this at Thanksgiving dinner this year. All our guests were amazed and very satisfied with the result. The bird was tender and juicy. Would definitely recommend this to anyone." 1 of 1 people found this review helpful. Was this review helpful to you? Yes No (Report Inappropriate Review) Share this Review: C t2 r t.
GlennM Location: Denver, CO Date:December 2, 2010
Rating:
#<###'#
Don't overcook Pros: easy Cons: a little pricey "Got this for T-Day this year. It was a big hit.. I think we overcooked it just a little so it was a touch dry. The stuffing is very good and it's an easy carve. Duck was a little different.. Alsmost tasted like gizzered, but it was the first time we had duck so that may be just right." Was this review helpful to you? Yes No (Report Inappropriate Review) Share this Review: 13 ?Es r t.
Dads Location: CA Date:November 27, 2010
http://www.costco.com/Browse/Product.aspx?Prodid=11595744&search=big+easy&Mo=l...
9/15/2011
Rating:
##tlr#-ir
Who Dat Gonna Eat Dat Tur-Duc-Hen

Pros: fabulous and tasty!!! Model Number: Tony Chachere's Creole Style Tur-Duc-Hen "Fabulous and tasty. It was a big hit with the entire family. The whole trifecta of birds were moist and delicious. Worth every penny." Was this review helpful to you? Yes No (Report Inappropriate Review) Share this Review: E l ^ C prev 1 2 3 4 5 6 next
Cosa nostra Location: Silverdale, WA Date:November 27, 2010
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Item # 543301 Rated A"fc"A , "^lriV ^ (out of 23 reyjews) C
Share this Product: 1 3 ..'"' ^
$79.99
Shipping & Handling included * Qty: 8 - 8 oz. USDA Prime Suoer-Trimmed Filet Miqnon $169.99
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Nutritional Information At Big Easy Foods Louisiana Cuisine, our Turduchen is a partially deboned Turkey stuffed with Duck, Chicken, and homemade Cornbread & Pork Rice Dressing. A richness of flavor from the three different holiday birds provide a new complexity to a simple idea. Many families are creating new traditions by serving a Tur-Duc-Hen in place of a traditional roasted Turkey for a holiday feast. Others, who no longer live in the Southern United States, will serve a Cajun Turducken as a simple reminder of the traditions and cuisine they miss. Tail-gating at your next event will make you the hero when you carve a Tur-Duck-Hen from Big Easy Foods. The Louisiana Tur-Duc-Hen is also known as our cornbread & pork-rice dressing Tur-Duck-Hen. First we partially debone the turkey, leaving the legs and wings, then we stuff it with boneless chicken thigh meat, succulent duck breast meat, and moist cajun cornbread & pork-rice dressing. Ready to cook Weight: 15 lbs Cooking Instructions
[Model Turkey / turduchen)
Standard shipping via UPS 2nd Day Air is included in the quoted price.The e s t i m a t e d d e l i v e r y t i m e w i l l be a p p r o x i m a t e l y 5 business d a y s f r o m t h e t i m e of o r d e r . *Delivery is available to Alaska and Hawaii. An additional Shipping and Handling fee will apply to shipments going to Alaska or Hawaii. This fee will be quoted at checkout. Additional transit t i m e may be required. Delivery is not available to Puerto Rico. Costco.com products can be returned to any of our more than 500 Costco warehouses worldwide.
Summary of Customer Ratings & Reviews

Overall Rating # # # # t V Share this Product: G 'sD r Choose a sort order p r e v 12 3 4 5 6 n e x t Rating:
# # # # #
^ tout of 23 reviews) Review this product
Product Reviews
Big hit!
"I had never tried a tur-duc-hen before, but the Tony Chachere brand and Costco reputation led me to order one. It was shipped quickly and arrived solidly frozen. With a big roasting pan, it cooked beautifully and my family (who weren't wild about my experimenting with tradition) loved it. I made extra stuffing, because I wasn't sure how much was inside the birds, but there was plenty of both flavors of stuffing, and they were yummy. I'll buy one again!" Was this review helpful to you? Yes No (Report Inappropriate Review) Share this Review: U r t
lagolady Location: Lago Vista, TX Date.November 26, 2010
Rating:
####
Yummy!
"The turkey arrived frozen and quickly. I cooked this for Thanksgiving and was awesome! It came out moist and flavorful and very delicous! Would order it again!" Was this review helpful to you? Yes No (Report Inappropriate Review) Share this Review: 13 wr Z,
LeslieB Location: San Diego, CA Date:November 26, 2010
Rating:
# # # # ' i
Nice change of pace

Pros: no prep time Cons: the stuffing was too sweet. "The seasoning and taste was good and it was a nice change of pace." Was this review helpful to you? Yes No (Report Inappropriate Review) Share this Review: K3 .J'li tr *-
rockj Location. Southern California Date:November 26, 2010
Rating:
-.4Vl\-f\.f
Very disappointing
"This was a total disaster. The stuffings were all in one section of the Turducken. It would not register 165 on thermometer. It totally fell apart and had to be dished out. No way could it be sliced. It was embarrassing to serve." 0 of 1 people found this review helpful. Was this review helpful to you? Yes No (Report Inappropriate Review) Share this Review: G l '> r t prev 1 2 3 4 5 6 n e x t
Winela Date:November 26, 2010

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Stuffed with Cornbread & Pork-rice Dressing 15 lbs. Minimum Item # 543301
R t d # , ## , irtV ae Share this Product: E L
a
(out of 23 reviews)
' wP '
$79.99
Shipping & Handling included * Qty: H ADD TO CART 8 - 8 oz. USDA Prime Super-Trimmed Filet Mianon $169.99
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Shipping 6 Terms
Nutritional Information At Big Easy Foods Louisiana Cuisine, ourTurduchen is a partially deboned Turkey stuffed with Duck, Chicken, and homemade Cornbread & Pork Rice Dressing. A richness of flavor from the three different holiday birds provide a new complexity to a simple idea. Many families are creating new traditions by serving a Tur-Duc-Hen in place of a traditional roasted Turkey for a holiday feast. Others, who no longer live in the Southern United States, will serve a Cajun Turducken as a simple reminder of the traditions and cuisine they miss. Tail-gating at your next event will make you the hero when you carve a Tur-Duck-Hen from Big Easy Foods. The Louisiana Tur-Duc-Hen is also known as our cornbread & pork-rice dressing Tur-Duck-Hen. First we partially debone the turkey, leaving the legs and wings, then we stuff it with boneless chicken thigh meat, succulent duck breast meat, and moist cajun cornbread & pork-rice dressing. Ready to cook Weight: 15 lbs Cooking Instructions
[Model Turkey / turduchen]

Standard shipping via UPS 2nd Day Air is included in the quoted price.The e s t i m a t e d d e l i v e r y t i m e w i l l be a p p r o x i m a t e l y 5 business d a y s f r o m t h e t i m e of o r d e r . Delivery is available to Alaska and Hawaii. An additional Shipping and Handling fee will apply to shipments going to Alaska or Hawaii. This fee will be quoted at checkout. Additional transit t i m e may be required. Delivery is not available to Puerto Rico. Costco.com products can be returned to any of our more than 500 Costco warehouses worldwide.
Summary of Customer Ratings & Reviews Overall Rating # < # * * 1 > Share this Product: G Product Reviews tfj^ t Choose a sort order prev 12 3 4 5 6 Rating:
# * # # #
^ (out of 23 reviews) Raview this product
Love Tony Chachere's Aidea Location: Tucson, AZ Date:November 17, 2010 Pros: arrived frozen in 80' heat! "I can hardly wait to cook and enjoy this, it arrived today in 80' heat, perfectly frozen with the ice packs in tack, thank god! I have been a big fan of Tony Chachere's for years, so I really am looking forward to this Thanksgiving bird! I have loved their spices and cookbooks for years! I was surprised to see this on the Costco site for much less than a similar product at my local butcher, and I believe this will be much better as well! Can't wait!" Was this review helpful to you? Yes No (Report Inappropriate Review) Share this Review: 13 / ; ' tr *"
Rating:
# l l r # # # Full of Flavor, Easy Cooking & The Best Leftovers! Pros: easy to cook serve carve, flavorful |.ve s e r v e c | Tur-Duc-Hen several times and it's always a hit. Cooking couldn't be easier and carving is a breeze. The gravy made from the drippings is flavorful but what I like best about this product is the leftovers. I make a dish using some of the meat, rice dressing, gravy (round out with a white sauce) and ala dente veggies to create a filling and roll in puff pastry (can be made sized for individual or family). I also make a white bean chili, which freezes nicely. This is one of those products with endless possibilities. Always rave reviews and the leftovers don't last long." 1 of 1 people found this review helpful. Was this review helpful to you? Yes No (Report Inappropriate Review) Share this Review: u / '^ c
CatSttl Location: Sammamish, WA Date:November 13, 2010

N
Rating:
####
Turkey
"Loved it made it for Canadian Thanksgiving and what a hit it was. It arrived quicker than expected and what hit it was and will be ordering another one for American Thanksgiving. So easy to cook and wow so moist and tender. The stuffing was a nice touch with rice in it." 2 of 2 people found this review helpful. Was this review helpful to you? Yes No (Report Inappropriate Review) Share this Review: E l 'iii r t prev 1 2 3 4 5 6
Wiencek Location: Chicago IL Date:October 28, 2010
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EXHIBIT 13
Big Easy Foods - Tur-Duc-Hen Roll w/ Cajun Sausage - Sam's Club
http://www.samsclub.com/sams/shop/product.jsp?productId=106845
Burgers Big Easy Foods - Tur-Duc-Hen Roll w/ Cajun Sausage Smokehouse Smoked Turkey Burgers' Smokehouse Smoked Turkey 8-10 lbs Burgers' Smokehouse City Ham - 8.5-9.5 lbs
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18 Member Reviews | Write a Review Share this product:

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Model: TDH Item #: 5750 A turkey breast stuffed with layers of duck, chicken and Cajun sausage. ~4 lbs Breast, Jet-netted
See full details below. $24.26 Online
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9/20/2011 4:34 PM
Big Easy Foods - Cornbread Tur-Duc-Hen - 15 lbs.
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Description
A 4 lb. seasoned turkey breast stuffed with layers of duck, chicken and Cajun sausage. Turkey breast is jet-netted so carving is easy.
Back to top
Specifications
Turkey stuffed with duck, chicken and pork sausage Feeds 4 - 6 people Fully prepared, just place in oven Roll is jet-netted for easy carving Packaged and shipped frozen Authentic Creole meal Ingredients: Turkey (contains up to 8% solution [water, sodium tripolyphosphate, sodium lactate]), duck, chicken (contains up to 8% solution [water, sodium tripolyphosphate, sodium lactate]), stuffing (trimmed pork, yellow onions, bell pepper, green onions, salt, red pepper and white pepper), Cajun Seasoning [salt, red pepper and other spices, garlic, silicon dioxide (to prevent caking)]. Back to top
Warranty
This product is covered by the SAM'S CLUB Member Satisfaction Guarantee. SAM'S CLUB guarantees timely delivery of fresh food. If, for any reason, you are not completely satisfied with the product freshness delivered, please notify us within 48 hours to request a possible refund. Back to top
Assembled Country
USA
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Component Country
USA
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Shipping Info
Most orders deliver in 3 - 8 business days Delivery is not available to AK, HI, or Puerto Rico Orders are available for delivery Tuesday through Friday
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Ratings & Reviews
SUMMARY OF CUSTOMER RATINGS & REVIEWS Pros Cons
inexpensive (7) quality (7) easy (1) easy to prepare (1) stayed moist (1)
quality
(5)
price
(4) did not taste special (1) dry (1) just didn't taste good (1)
+ see more Pros
+ see more Cons
Review This Product yummy!, 12/29/2009 By: melissap Read All My Reviews this was delicious. only thing is- i followed the baking directions and it came out a tad bit dry. next time i'll use a meat thermometer. Quality: Value:
Pros: inexpensive, quality Cons: quality, price
2 of 4
9/20/2011 4:34 PM

Would you recommend this product to a friend? Yes
Was this review helpful to you? Yes No Report inappropriate content Share this Review:
Maybe not..., 12/29/2009 By: LittleBeachGirl, Destin, FL Read All My Reviews Last year I ordered the whole turducken and it was really too much, but very good. So, I thought this would be a good solution for the excessive food. Don't do it, I didn't taste any sausage and it was very sloppily rolled up. The tastes just didn't do what they were supposed to do. I used to get these from Louisiana - maybe a different brand - as well as the turducken and boneless stuffed chickens. Well, this one was disappointing to me. It was easy enough to make but just not really anything to brag about - just food. I even ordered one as a gift. And this is very surprising to me because I am familiar with the product and thought it would be a homerun for Christmas dinner. Sorry, but not so much! Quality: Value:
Pros: inexpensive Cons: quality, did not taste special

Gender: Female Age: 45-54 Owned product: under 1 month Uses product: Occasionally Purchase location: Online How did you hear about Ratings & Reviews? SamsClub.com Would you recommend this product to a friend? No
Yummy Purchase, 12/13/2009 By: onefineteacher, Mineral Wells, TX Read All My Reviews I was very pleased with the Tony Chachere's Tuducken Roll. It was delicious and simple and made a very lovely presentation. Quality: Value:
Pros: inexpensive, quality

Gender: Female Age: 35-44 Uses product: Occasionally Purchase location: Online How did you hear about Ratings & Reviews? SamsClub.com Would you recommend this product to a friend? Yes
good value, 12/01/2009 By: NickiSlater, Missouri Read All My Reviews We looked at the Turducken roll in a "famous name" catalog and it was $60.00 plus shipping!! Same product available from Sam's Club for a fraction of the price. Very good flavor. Easy to prepare. Fantastic as leftovers. Even tastier the next day. Quality: Value:
Pros: inexpensive, quality, easy to prepare

Gender: Female Age: 35-44 Owned product: under 1 month Uses product: Occasionally Purchase location: Online How did you hear about Ratings & Reviews? SamsClub.com Would you recommend this product to a friend? Yes
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Burgers Big Easy Foods - Tur-Duc-Hen Roll w/ Cajun Sausage Smokehouse Smoked Turkey Burgers' Smokehouse Smoked Turkey 8-10 lbs Burgers' Smokehouse City Ham - 8.5-9.5 lbs
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Model: TDH Item #: 5750 A turkey breast stuffed with layers of duck, chicken and Cajun sausage. ~4 lbs Breast, Jet-netted
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GET ALL THE DETAILS

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1 of 4
9/20/2011 4:34 PM
Big Easy Foods - Cornbread Tur-Duc-Hen - 15 lbs.
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Description
A 4 lb. seasoned turkey breast stuffed with layers of duck, chicken and Cajun sausage. Turkey breast is jet-netted so carving is easy.
Back to top
Specifications
Turkey stuffed with duck, chicken and pork sausage Feeds 4 - 6 people Fully prepared, just place in oven Roll is jet-netted for easy carving Packaged and shipped frozen Authentic Creole meal Ingredients: Turkey (contains up to 8% solution [water, sodium tripolyphosphate, sodium lactate]), duck, chicken (contains up to 8% solution [water, sodium tripolyphosphate, sodium lactate]), stuffing (trimmed pork, yellow onions, bell pepper, green onions, salt, red pepper and white pepper), Cajun Seasoning [salt, red pepper and other spices, garlic, silicon dioxide (to prevent caking)]. Back to top
Warranty
This product is covered by the SAM'S CLUB Member Satisfaction Guarantee. SAM'S CLUB guarantees timely delivery of fresh food. If, for any reason, you are not completely satisfied with the product freshness delivered, please notify us within 48 hours to request a possible refund. Back to top
Assembled Country
USA
Back to top
Component Country
USA
Back to top
Shipping Info
Back to top
Ratings & Reviews
inexpensive (7) quality (7) easy (1) easy to prepare (1) stayed moist (1)
quality
(5)
price
(4) did not taste special (1) dry (1) just didn't taste good (1)
+ see more Pros
+ see more Cons
Review This Product yummy!, 12/29/2009 By: melissap Read All My Reviews this was delicious. only thing is- i followed the baking directions and it came out a tad bit dry. next time i'll use a meat thermometer. Quality: Value:
Pros: inexpensive, quality Cons: quality, price
2 of 4
9/20/2011 4:34 PM

Maybe not..., 12/29/2009 By: LittleBeachGirl, Destin, FL Read All My Reviews Last year I ordered the whole turducken and it was really too much, but very good. So, I thought this would be a good solution for the excessive food. Don't do it, I didn't taste any sausage and it was very sloppily rolled up. The tastes just didn't do what they were supposed to do. I used to get these from Louisiana - maybe a different brand - as well as the turducken and boneless stuffed chickens. Well, this one was disappointing to me. It was easy enough to make but just not really anything to brag about - just food. I even ordered one as a gift. And this is very surprising to me because I am familiar with the product and thought it would be a homerun for Christmas dinner. Sorry, but not so much! Quality: Value:
Pros: inexpensive Cons: quality, did not taste special

Yummy Purchase, 12/13/2009 By: onefineteacher, Mineral Wells, TX Read All My Reviews I was very pleased with the Tony Chachere's Tuducken Roll. It was delicious and simple and made a very lovely presentation. Quality: Value:
Pros: inexpensive, quality

Gender: Female Age: 35-44 Uses product: Occasionally Purchase location: Online How did you hear about Ratings & Reviews? SamsClub.com Would you recommend this product to a friend? Yes
good value, 12/01/2009 By: NickiSlater, Missouri Read All My Reviews We looked at the Turducken roll in a "famous name" catalog and it was $60.00 plus shipping!! Same product available from Sam's Club for a fraction of the price. Very good flavor. Easy to prepare. Fantastic as leftovers. Even tastier the next day. Quality: Value:
Pros: inexpensive, quality, easy to prepare

Gender: Female Age: 35-44 Owned product: under 1 month Uses product: Occasionally Purchase location: Online How did you hear about Ratings & Reviews? SamsClub.com Would you recommend this product to a friend? Yes
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Big Easy Foods - Cornbread Tur-Duc-Hen - 15 lbs. - Sam's Club
Burgers Big Easy Foods - Cornbread Tur-Duc-Hen - 15 lbs. Smokehouse Smoked Turkey Burgers' Smokehouse Smoked Turkey 8-10 lbs Burgers' Smokehouse City Ham - 8.5-9.5 lbs
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Model: LA Item #: 573348 This 15 lb. turkey, seasoned to perfection, is stuffed with duck, chicken and Creole dressing.
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Big Easy Foods - Tur-Duc-Hen Roll w/ Cajun Sausage
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Description
A Tur-Duc-Hen is a semi-boneless turkey stuffed with duck, chicken and Creole dressing. Louisiana-style flavor and stuffed with a mouth-watering Creole Cornbread & Pork Rice dressing. The Tur-Duc-Hen is packaged frozen in a vacuum sealed bag and weighs approximately 15 lbs.
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Specifications
Turkey stuffed with duck, chicken and dressing Feeds 15 - 20 people Fully prepared, just place in oven Stuffed with homemade cornbread dressing and pork rice dressing Packaged and shipped frozen Easy to carve Authentic Creole meal INGREDIENTS: Turkey [contains up to 8% solution (water, sodium tripolyphosphate, sodium lactate)], pork dressing [parboiled enriched long grained rice {thiamine (thiamine mono-nitrate), niacin, iron (ferric orthophosphate) and folate (folic acid)}, pork, water, pork liver, onions, green bell pepper, salt, red pepper flakes, black pepper, white pepper, red pepper (spice)], cornbread dressing [water, yellow cornmeal (enriced with folic acid), pork all purpose flour {bleached wheat flour, malted barley flour, niacin, thiamine mononitrate, riboflavin, folic acid}, evaporated milk {salt, yellow prussiate of soda}, sugar, soybean oil {TBHQ and citric acid added to protect flavor, dimethpolysiloxane, an anti-foaming agent added} pork liver, onions, green onions, green bell pepper, baking powder {sodium acid pyrophosphate, bicarbonate of soda, cornstarch, monocalcium phosphate}, salt, red pepper flakes, black pepper, white pepper, red pepper (spice)], chicken, duck [contains up to 8% solutin (water, sodium tripolyphosphate, sodium lactate)], Cajun Seasoning [salt, red pepper and other spices, garlic, silicon dioxide (to prevent caking)]. ALLERGEN INFORMATION: Contains soybean, wheat and milk Back to top
Warranty
This product is covered by the Sam's Club Member Satisfaction Guarantee. Back to top
Assembled Country
USA
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Component Country
USA
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Shipping Info
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Ratings & Reviews
quality (12) inexpensive (2) unique (2) convenience (1) easy to cook and serve (1)
price
(7) quality (2) can't think of one! (1) didn't follow directions on delivery (1) no gravy (1)
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Review This Product Worst turducken ever, 11/27/2009 Read All My Reviews
By: Rice
2 of 4
9/20/2011 4:35 PM

I have had a few Turduckens over the years. Typically I had them sent from various butchershops in LA. Due to time constrains, I purchased one of the Tony Chachere's Turduckens. A tremendous dissapointment and a waste of money! The produck had very little turkey and the duck was virtually non existant. However, if you like rice. it had more of that than anything else. For a company that has been successful in the spice arena, this product was as tasty interesting as watching paint dry. I would never purchase this brand again. Quality: Value:
Cons: quality, price, tastless

Would you recommend this product to a friend? No
Disappointed, 12/27/2008 By: CLajara, Madison, OH Read All My Reviews Product was difficult to thaw. Presentation did not meet expectations. 12 # would not have fed recommended number of servings-had to quickly find other main dish. Would not purchase again. Quality: Pros: unique Cons: quality, price
Value:
2 of 2 Members found the following review helpful: By: happy1 03/10/2008 Read All My Reviews
good tasting and easy to prepare. don't know how they get serving estimates. Pros: easy prep and unique Cons: too much rice stuffing
Turducken is good, 02/27/2008 By: Kenny, Spartanburg, SC Read All My Reviews The product was well recieved at Thanksgiving by young and old alike. The bird(s) were tender and the stuffing spicy and complimented the turducken well. This was the best turkey I have ever eaten. Quality: Value:
Pros: Comes precooked frozen Cons: What do you do with the big styrofoam box?
Gender: Male Age: 45-54 Would you recommend this product to a friend? Yes
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EXHIBIT 14
Smoked Pork Sausage from Tony Chachere | Guaranteed Fresh
http://www.cajungrocer.com/big-easy-pork-smoked-sausage-p-1472.html

Reserve your Turducken today! Don't get caught in the holiday rush. Here's How home wholesale customer service contact us ship & order info my account
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Hot Products Boudin Crawfish King Cakes Turducken Gumbo Gulf Shrimp Fresh Foods Spices & Seasonings Sauces & Marinades Prepared Mixes Rice & Beans Coffee & Tea Condiments Sweets & Snacks Gifts Music Merchandise Cajun Recipes
Home > Food > Fresh Foods > Sausage - Andouille
Shrimp Boil
Ingredients: 1 lemon, quartered 5 tbsp Cajun Seasoning 2 1/2 tsp cayenne 2 bay leaves 4 garlic cloves 8 small boiling potatoes 4 ears of corn, shucked/halved 1 1/2 lbs ketchup 1/3 cup mayonnaise 1 1/2 tbsp horseradish
BIG EASY PORK Smoked Sausage

Our Price: $4.25 buy 2 or more at $3.80 each Quantity:
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Brand: Big Easy Item Number: 5118 Package Description: 14 oz. Package Weight Per Unit: 1.00 Serving Size: 2 oz (56g) Number of Servings: 7 Organic: %
Tony Chachere's smoked pork sausage is great on the grill, with red beans, jambalaya and even in Gumbo. A real favorite in Louisiana kitchens.
Check out our delicious Turducken products for your holiday gathering! Or, for your next spring party may we suggest throwing a crawfish boil or shrimp boil. You may want to add some boudin and andouille, to spice it up! Let CajunGrocer serve your Creole and Cajun food needs.
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Ingredients: Ingredients: Pork, water, salt, sugar, spices, garlic, sodium nitrite.
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Squeeze lemon juice into 4 qt water in a 6- to 8-quart pot, then stir in lemon quarters, Creole seasoning, 2 teaspoon cayenne, bay leaves, garlic, potatoes, and 2 tablespoons salt (omit salt if it is the first ingredient in seasoning). Bring to a boil, then simmer, partially covered, until potatoes are almost tender, 10 to 12 minutes. Increase heat to high, then add corn and simmer, partially covered, 4 minutes. Stir in shrimp and cook until just cooked through, 2 to 3 minutes. Meanwhile, stir together ketchup, mayonnaise, horseradish, and remaining 1/2 teaspoon cayenne. Drain shrimp, potatoes, and corn and serve with sauce.
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Smoked Pork Sausage from Tony Chachere | Guaranteed Fresh
http://www.cajungrocer.com/big-easy-pork-smoked-sausage-p-1472.html
Cajun Merchandise
Looking to create the most immersive Cajun experience as possible? Look no further; we've got all the cooking, apparel, kitchenware; Cajun books and Mardi Gras accessories to properly authenticate your next Cajun concoction. Whether you're creating your own Cajun experience or feeling homesick for Louisiana, it's available at CajunGrocer.
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Products meeting the search criteria andand BIG EASY Green Onion Pork Sausage BIG EASY Green Onion Pork Sausage BIG EASY Pork Boudin - HOT Details $4.25 buy 2 or more at $3.80 each Details $3.95 buy 2 or more at $3.35 each BIG EASY PORK Smoked Sausage BIG EASY PORK/BEEF Smoked Sausage
SHRIMP SALAD
Ingredients: 1/4 cup fresh lemon juice 3 tablespoons drained capers 1 shallot, minced 1 tablespoon Creole mustard 1/2 tsp dried crushed red pepper 1/2 cup olive oil 1/2 cup chopped fresh basil 1 lbs. uncooked large shrimp, peeled, deveined 2 zucchini, cut into 1/2-inch cubes (about 2 cups) 8 cups mixed baby greens (about 5 ounces) Freshly grated Parmesan cheese (optional)
Details $4.25 buy 2 or more at $3.80 each
Details $4.25 buy 2 or more at $3.80 each
BIG EASY Smoked Andouille BIG EASY Smoked Andouille
Preparation: Whisk lemon juice, capers, shallot, mustard, and dried red pepper in medium bowl. Whisk in oil, then basil. Season dressing to taste with salt and pepper. Bring large saucepan of salted water to boil. Add shrimp and cook 1 minute. Add zucchini; continue cooking until shrimp are opaque in center and zucchini is crisp-tender, about 1 minute longer. Drain. Rinse under cold water and cool. Drain well. Transfer to large bowl. Add 1/3 cup dressing and toss to coat. Season to taste with salt and pepper. Toss greens in large bowl with enough dressing to coat. Divide greens among 4 plates. Arrange shrimp and zucchini atop greens. Serve, passing Parmesan cheese separately, if desired.
The Big Easy Details $5.15 buy 2 or more at $4.65 each
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Cajun Food - Louisiana's Premier Cajun Food Store
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Cajun Merchandise
Looking to create the most immersive Cajun experience as possible? Look no further; we've got all the cooking, apparel, kitchenware; Cajun books and Mardi Gras accessories to properly authenticate your next Cajun concoction. Whether you're creating your own Cajun experience or feeling homesick for Louisiana, it's available at CajunGrocer.
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Turducken Crawfish King Cake Cajun Food Gumbo Andouille Boudin Fresh Shrimp
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Privacy Policy (888) 272-9347
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EXHIBIT 15

Complaint Tony Chachere's V Big Easy Foods

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Complaint Tony Chachere's V Big Easy Foods

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Case 6:11-cv-01712-RFD-CMH Document 1 Filed 09/23/11 Page 1 of 19 PageID #: 1

CIVIL ACTION NO:

Case 6:11-cv-01712-RFD-CMH Document 1 Filed 09/23/11 Page 2 of 19 PageID #: 2

predicated on 28 U.S.C. 1391(b) and (c).

By contract (Exhibit 4, Co-Branding Agreement,

Case 6:11-cv-01712-RFD-CMH Document 1 Filed 09/23/11 Page 3 of 19 PageID #: 3

Chachere's Trade Dress.

Case 6:11-cv-01712-RFD-CMH Document 1 Filed 09/23/11 Page 4 of 19 PageID #: 4

Case 6:11-cv-01712-RFD-CMH Document 1 Filed 09/23/11 Page 5 of 19 PageID #: 5

food products in connection with its Trade Dress.

Case 6:11-cv-01712-RFD-CMH Document 1 Filed 09/23/11 Page 6 of 19 PageID #: 6

During a single radio campaign in 2009, Plaintiff expended about $250,000 on

Case 6:11-cv-01712-RFD-CMH Document 1 Filed 09/23/11 Page 7 of 19 PageID #: 7

manufactured before termination of the Co-Branding Agreement.

Case 6:11-cv-01712-RFD-CMH Document 1 Filed 09/23/11 Page 8 of 19 PageID #: 8

After Plaintiff's letter to Defendant, correspondence between the parties and

Case 6:11-cv-01712-RFD-CMH Document 1 Filed 09/23/11 Page 9 of 19 PageID #: 9

Case 6:11-cv-01712-RFD-CMH Document 1 Filed 09/23/11 Page 10 of 19 PageID #: 10

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Case 6:11-cv-01712-RFD-CMH Document 1-1 Filed 09/23/11 Page 1 of 1 PageID #: 20

Case 6:11-cv-01712-RFD-CMH Document 1-2 Filed 09/23/11 Page 1 of 14 PageID #: 21

Case 6:11-cv-01712-RFD-CMH Document 1-2 Filed 09/23/11 Page 2 of 14 PageID #: 22

Case 6:11-cv-01712-RFD-CMH Document 1-2 Filed 09/23/11 Page 3 of 14 PageID #: 23

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Case 6:11-cv-01712-RFD-CMH Document 1-2 Filed 09/23/11 Page 9 of 14 PageID #: 29

712-RFD-CMH Document 1-2 Filed 09/23/11 Page 10 of 1

v-01712-RFD-CMH Document 1-2 Filed 09/23/11 Page 11 of 14 P

v-01712-RFD-CMH Document 1-2 Filed 09/23/11 Page 12 of 14 P

Onion reen G with

%DV** Amount per serving %DV**

KEEP REFRIGERATED REQUIRES FURTHER COOKING

INSPECTED AND PASSED BY DEPARTMENT OF AGRICULTURE

NET WT. 2.5 lbs. (1131g)

Case 6:11-cv-01712-RFD-CMH Document 1-2 Filed 09/23/11 Page 13 of 14 PageID #: 33

Case 6:11-cv-01712-RFD-CMH Document 1-2 Filed 09/23/11 Page 14 of 14 PageID #: 34

Case 6:11-cv-01712-RFD-CMH Document 1-3 Filed 09/23/11 Page 1 of 27 PageID #: 35

Case 6:11-cv-01712-RFD-CMH Document 1-3 Filed 09/23/11 Page 2 of 27 PageID #: 36

Food Processing Ithaca, IL 07/2005 CIRC: 65,000

Bringing Louisiana's Riches to the Home Table

Case 6:11-cv-01712-RFD-CMH Document 1-3 Filed 09/23/11 Page 3 of 27 PageID #: 37

Ann Arbor News Ann Arbor, MI 05/02/2005 CIRC: 53,747

Emeril puts name on American shrimp

Case 6:11-cv-01712-RFD-CMH Document 1-3 Filed 09/23/11 Page 4 of 27 PageID #: 38

Town Talk Alexandria, LA 05/01/2005 CIRC: 42,195

Emeril takes walk on 'wild' side

Case 6:11-cv-01712-RFD-CMH Document 1-3 Filed 09/23/11 Page 5 of 27 PageID #: 39

American Press Lake Charles, LA 05/01/2005 CIRC: 41,507

NEW ORLEANS (AP) g of t{fe names most

shrimpers," Lagasse said:

seafood and have been for 30 years. I'm proud to be a part

of the campaign, especially working with Louisiana

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