SOURCE: Apple Rush Co., Inc.

May 17, 2011 09:20 ET

United States Patent and Trademark Office Suspends Coca-Cola's Opposition Motion Against Apple Rush Co., Inc. CEO Robert J. Corr

Company to Manufacture, Market and Distribute Naturally ZERO Water

GLENVIEW, IL--(Marketwire - May 17, 2011) - Apple Rush Co., Inc. (PINKSHEETS: APRU) announced today that pursuant to the motion of Robert Corr, President and CEO of Apple Rush Co., Inc., the motion opposed by The Coca-Cola Company; the United States Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB) granted Robert Corr's motion, and suspended the opposition proceeding against Robert J. Corr by The Coca-Cola Company surrounding the trademark registration application of the Naturally ZERO mark. The filing can be found by visiting: http://ttabvue.uspto.gov/ttabvue/v?pno=91197767&pty=OPP&eno=12.

Robert Corr and Apple Rush plan to begin the manufacturing, marketing and distribution of its Naturally ZERO product line through Apple Rush distribution channels. Robert Corr and Apple Rush previously decided to cease activity regarding Naturally ZERO until the USPTO came to this decision regarding The Coca Cola Company's opposition papers. Coke filed an opposition (No.91197767) against Robert Corr, president of Apple Rush Co. Inc. the applicant for the mark. A hearing was held by the Trademark Trial and Appeal Board and a Motion filed by the Applicant (Apple Rush) to suspend proceedings until a case (United States District Court For The Northern District Of Illinois Eastern Division No. 08 CV 04206) filed by the Plaintiff, Mirza N. Baig, and currently pending, against Coke for Trademark Infringement and false Designation of Origin under the Lanham Act.

Robert Corr entered into a contract for the benefit of Apple Rush, with the Plaintiff, Mr. Baig, in that case to introduce The NATURALLY ZERO waters here in the United States and to renew the trademark. The trademark was originally used by Mr. Baig in commerce, including here in the Midwest during the period from 1999 to 2003, when Coke usurped the trademark from the Plaintiff and commenced its illegal use of the trademark on COKE ZERO. The agreement signed by Robert Corr, for the benefit of Apple Rush Co Inc., permits the use by Apple Rush.

"This action by Mr. Baig against Coke, demonstrates that the trademark Zero is not owned by Coke. Yesterday, the Trademark Trial and Appeal Board granted my motion to suspend Coke's opposition. I intend to demonstrate the inconsistency between arguments made by Coke in the case filed by Mr. Baig, and Coke's oppositions against Royal Crown, Unilever and many others attempting to use the ZERO mark for beverages," says Robert Corr.

Apple Rush will be introducing the Naturally ZERO Waters in the Chicagoland market this summer.

About Apple Rush Co., Inc.:

Apple Rush Company, Inc. is a producer of Organic 100% Juice Sparkling Beverages and Naturally ZERO Waters. The company markets its products through an extensive distribution network nearly 30 Distributors throughout the U.S. and in foreign markets. The Company's flagship product line of Organic Apple Rush™ Sparkling Beverages currently has four mainstream flavors in glass bottles and will introduce the waters this summer.

Safe Harbor: The Company relies upon the Safe Harbor Laws of 1933, 1934 and 1995 for all public news releases. Statements, which are not historical facts, are forward-looking statements. The company, through its management, makes forward-looking public statements concerning its expected future operations, performance and other developments. Such forward-looking statements are necessarily estimates reflecting the company's best judgment based upon current information and involve a number of risks and uncertainties, and there can be no assurance that other factors will not affect the accuracy of such forward-looking statements. It is impossible to identify all such factors. Factors which could cause actual results to differ materially from those estimated by the company include, but are not limited to, government regulation; managing and maintaining growth; the effect of adverse publicity; litigation; competition; and other factors which may be identified from time to time in the company's public announcements.

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