complaint tony chachere's v big easy foods

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  • 8/4/2019 Complaint Tony Chachere's v Big Easy Foods

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    UNITED STATES DISTRICT COURT

    WESTERN DISTRICT OF LOUISIANA

    Tony Chacheres Creole Foods )

    Of Opelousas, Inc. ) CIVIL ACTION NO:

    )

    Plaintiff, )

    v. ) JUDGE:

    )

    Big Easy Foods of Louisiana, L.L.C. )

    ) 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

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    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,

    -4-

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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 forTONY 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-Duc-

    Hen 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 Co-

    Branding 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 markBIG 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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    http://www.costco.com/http://www.costco.com/
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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-

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    http://www.costco.com/http://www.samsclub.com/http://www.cajungrocer.com/http://www.cajungrocer.com/http://www.cajungrocer.com/http://www.cajungrocer.com/http://www.samsclub.com/http://www.costco.com/
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    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. Actual customer confusion has occurred.

    50. 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

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    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 IIILOUSIANA 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 VLOUISIANA 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. The aforesaid acts of Defendant constitute breach of the Co-Branding Agreement.

    71. 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) otherwise infringing or diluting the Tony Chachere's Trade Dress; and

    (d) unfairly competing with Plaintiff Tony Chachere's in any manner.

    (2) 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

    -16-

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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) That Plaintiff be awarded Defendant's profits after an accounting.

    (6) 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) That Plaintiff recover its costs in the suit.

    (8) That Plaintiff have such other and further relief as the Court may deem

    appropriate.

    A Jury Trial is hereby demanded.

    Respectfully Submitted:

    Leefe Gibbs Sullivan Dupr & Aldous

    /s/ Richard K. LeefeRichard K. Leefe, Bar No.7544, Trial AttorneyOne LakewaySuite 14703900 North Causeway Blvd.Metairie, La. 70002(504) 830-3939Fax: 830-3998E-mail: [email protected]

    Of Counsel:Thomas W. Brooke, Esq.Holland & Knight LLP2099 Pennsylvania Avenue, N.W.Suite 100Washington, D.C. 20006202-663-7271

    -17-

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    mailto:[email protected]:[email protected]
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    Service Information:

    Please Serve:

    Big Easy Foods of Louisiana, L.L.C.Through its Registered Agent: Mark T. Abraham3935 Ryan StreetLake Charles, Louisiana 70605

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    EXHIBIT 1

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

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    1712-RFD-CMH Document 1-2 Filed 09/23/11 Page 11 of 1

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    NET WT. 2.5 lbs. (1131g)

    FRENCH MARKET FOODS, 3935 RYAN ST., LAKE CHARLES, LA 70605, 1-888-626-7264

    KEEPREFRIGERATED

    REQUIRESFURTHER COOKING

    withGre

    enOnion

    Nutrition FactsServ. Size 2 oz. (55g)Servings about 20Calories 150

    Fat Cal. 100**Percent Daily Values (DV) arebased on a 2,000 calorie diet.

    Amount per serving %DV** Amount per serving %DV**

    Total Fat 11g 17% Total Carbs. 2g1%Saturated Fat 4g 20% Fiber 0g 0%

    Trans Fats 0g Sugars 1gCholesterol 50mg 17% Protein 14gSodium 400mg 17%Vitamin A 2% Vitamin C 2% Calcium 2% Iron 25%

    Ingredients: Pork, Water, Green Onions, Salt, Sugar,Sodium Nitrite, Garlic, Ground Red Pepper, WhitePepper, Sodium Acetate, Crushed Red Pepper,Sodium Erythorbate, Natural Flavors.Stovetop Cooking Instructions: Place sausagein a pot & fill with water until sausage is covered.Bring water to a boil then reduce heat to asimmer for 10-15 minutes.

    SAFE HANDLING INSTRUCTIONSThis product was prepared from inspected and passed meat and/or poultry. Some food products maycontain bacteria that could cause illness if the product is mishandled or cooked improperly. For yourprotection, 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 leftoversimmediately or discard.

    U.S.INSPECTED

    AND PASSED BY

    DEPARTMENT OF

    AGRICULTURE

    EST. 13251

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    EXHIBIT 2

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    Food ProcessingIthaca, IL07/2005CIRC: 65,000

    Bringing Louisiana's Riches to the Home TableAHot Time in the Old Town TonightTo get that authentic Louisiana taste in any food, Tabasco is king Madeon Avery Island in Louisiana by the M cllhenny family since 1868, it isused as a table sauce and as a flavoring in cooking. Tabasco brand pepper sauce (w w w . tabasco.com) ismade wi th o nly three ingredients: fullyaged red peppers, high-grain vinegar and a smallarriount o f salt minedright on Avery Island. The pepper mash is allowed to ferment and agefo r up to thre e years in white oak barrels, much like wine, and a mem ber of the Md lhenriy family inspects every batch for color and aromabefore fipal pro duc tion. Tabasco's Scoville U nit rating is2,500 - 5,000,which m eans It's hot, (T he Scoville unit is a measure of capsaicin, thechemical in hot peppers responsible for their heat.)

    Jazz Up Dinner TonightGretna, La-based Zatarain's (www.zatarain.com) is the nation's leadingmaker of New Orleans-style food. It has a large variety of seafood boils,breadings, condiments and sauces, pasta dinner mixes, read y-to-servemixes, rice dinne r mixes, seasoning and spices, side dishes, stuffingmixes and even root bee r extract.

    InTheBagCajun Chef John folse (www.jfolse.com), Gonzalez, La., provides a variety o f Cajun and C reo le seasonal seafood, meats, cheese, seasoningsand mixes, old w orl d bre ad'and desserts and soups and entrees including crawfish etouffees -packaged in sealed plastic boiling bags.

    Creole CacheOpelousas, La.-based I j jn^Chache re's Creole Foods (www.tonych-achere.com) began in 1972 as a retirem ent hobby for South LouisianaChef Tony Chachere. Still family ow ne d and o perated, it has becomeone of the largest brands in Creole food s. Chachere sem i-retired fro mthe operations of his food com pany at age 76 in 1981, and continuedto perfect his recipes and develop new food products, which indudeseasoning blends, boxed dinner mixes, gravy m ixes, fry batters andmarinades. A glowing climax to his career in the culinary arts came inMarch 1995 wh en his colleagues in the American Culinary Federationhonored h im as the first indu ctee into the Louisiana Chefe Hall of Fame.He died one week later at 89.

    Ragm' Caju nChef Emerii Lagasse sells a variety of his Essence spices and rubs, spe-rialty sauces, salad dressings, pasta sauces, bastings, marinades, salsas,coffee and mustards atwww.emeriis.com and at selected retailers.Recently he began selling wild-caught frozen fresh shrimp .

    Makln' MagicAccommodating his many customers and fans, Chef Paul Prudhomme's Magic Seasoning Blends, N ew Orleans, provides seasoning blends, salts,marinades, peppe r sauce, rice m ixes, red beans & rice, Louisiana rice,dried chilies, desserts, coffee, smoke d meats and sauce concentrates toboth processors and consumers. See www.chefpaul.com.

    .-*V.'v

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    http://tabasco.com/http://www.zatarain.com/http://www.jfolse.com/http://www.tonychachere.com/http://www.tonychachere.com/http://www.emeriis.com/http://www.chefpaul.com/http://www.chefpaul.com/http://www.emeriis.com/http://www.tonychachere.com/http://www.tonychachere.com/http://www.jfolse.com/http://www.zatarain.com/http://tabasco.com/
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    Ann Arbor NewsAnn Arbor, MI05/02/2005CIRC : 53,747

    Em eril puts n am e on Am erican shrim p

    ~

    * *

    Im ports have halvedthe domestic p rice inthe past three yearsBY CAIN BURDEAUTh e Associated Press

    NEW ORLEANS - Emeril La-gasse, one of America's most-watched TV chefs, has signed onto a campaign to get Am ericanshooked on premium Americanshrimp and give a boost to theSouthern shrimping industry.Lagasse and the well-knownLou isiana food brand ., Tony...Chach ere's Creole Foods, areselling U.S.-certified "WildAmerican Shrimp," joining ahandful of other companies andrestaurant chains also takingpart in the program.The government-funded campaign has been in the works forover a year and aims at differentiating American shrimpfrom cheap, pond-raised imports. It was sparked by a desireto create a niche market liketha t for Alaskan salmon, M ainelobster and Angus beef."I am all about Americanseafood and have been for 30years. I'm proud to be a part ofthe campaign, especially working with Louisiana shrimpers,"Lagasse said. "Many familieshave been in th e shrimping business for generations - and theyare battling to stay in business."

    T he idea behind th e certification program is to bolster theprice Southern processors andfishermen get for their shrimp.Impo rts halved the value of domestic shrimp in the past threeyears, driving many Americanshrimp ers out of business. T he

    CHERYL GERBERA PChef Emeril Lagasse presents hisgolden shrimp stew after acooking demonstration in NewOrleans last week. Lagasse a n dCajun food entrepreneur TonyChachere a r e signing o n t o acampaign to sell premium Gulfo f Mexico shrimp.campaign hopes to win Americans over to the taste of shrimpharvested in waters off thesouth Atlantic states and in theGulf of Mexico."Once they become awarethe re's a higher-quality productout there, they're going to demand it," said Larry Avery,managing partn er of Gulf IslandShrimp and Seafood LLC, whichowns the Chachere brand. "It isa sweeter-flavored shrimp."

    Chachere, who died at 90 in1995, helped popularize Cajuhand Creole food with cookbooksspecializing in seafood an d wildgame. He also was known forhis seasonings, instant roux andgravy mixes."Seafood needs to be like

    wine," said Eddie Gordon, whoheads Wild American ShrimpInc., a group that formed to organize the marketing campaignwith $6 million in grant moneyfrom th e ILS. government."They spend all this time talking about wine in seafoodrestaurants, why aren't theytalking about seafood! I thinkit's our fault," Gordon said.Emeril's shrimp are appearing oil superm arkets along theEast Coast, in the Southeast andin California. If wild Americanshrimp proves to be a winner,the company will expand intoother are as, said Craig Borgeswith the New Orleans FishHouse, a seafood company doing the packaging and distribution for E meril's-brand shrimp.His famous name helps sellthe shrimp. As soon as T heresaCurrie saw E meril's shrimp ather grocery store on in the NewOrleans suburb of St. TammanyParish, she bought a bag: Emeril's 1 6-ounce bags of large-sizedshrimp sold for $11.99, $1morethan a generic bra nd of impo rts."I would assume - 1 know it'san assumption - but if it isE meril, it's local," she said. "Hehas a good reputation."Still, getting Currie to buy th eshrimp was an easy sale: She'dheard all about the campaignbecause h er husband works inthe seafood busin ess.Getting less shrimp-sawyshoppers in places such asMaryland, California and theMidwest to pay m ore for American shrimp than they do for imported varieties will be muchtougher, said John Connelly,president of the National Fisheries Institute. _ J

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    Town TalkAlexandria, LA05/01/2005CIRC: 42,195

    Emeril takes walk on 'wild' sidFlamboyant TV chef, Tony Ghacherebrand give boost to s tate shrimp industry; NEW ORLEANS (AP) Emeril Lagasse,one of America's most-watched TV chefs,has signed onto a campaign to get Americanshooked on premium American shrimp andgive a boost to the Southern shrimping indus-iry.Lagasse and the w ell-known Louisiana foodbrand Tony Chachere's Creole Foods aresellingU.S.-certified ''Wild American S hrim p," joininga handful of other companies and restaurantchains also taking part in the program.The government-funded campaign has beenin the works for o v a a year and aims at differentiating American shrimp from cheap, pond-raised imports. It was sparked by a desire tocreate a niche market like that for Alaskansalmon, Maine lobster and Angus beef."I am all about American seafood and havebeen for 30 years. I'm prou d to be a p art of thecampaign, especially working with Louisianashrimp ers/' Lagasse said. "Many families havebeen in the shrimpin g business for generations

    and they are battling t o stay inbusiness."The idea behind the certification p rogram isto bolster the price Southern processors andfishermen get for their shrimp. Imports halvedthe value of domestic shrimp in the past threeyears, driving many American shrimpers outof business. The campaign hope s to win Americans over to the taste of shrimp harvested inwaters off the South Atlantic states and in theGulf of Mexico."Onee they become aware there's a higher-quality product out there, they're goingto demand it," said Larry Avery, managingpartner of Gulf Island Shrimp and SeafoodLLC, Which own s the Chachere brand. "It is asweeter-flavored shrimp ."Chachere, who died at 90 in 1995, helpedpopularize Cajun and Creole food with cookbooks specializing in seafood and wild game.He also was kn own for his seasonings, instantroux and gravy mixes."Seafood needs to be like wine," said Eddie

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    American PressLake Charles, LA05/01/2005CIRC : 41,507

    NEW ORLEANS (AP) g of t{fe name s m ostisociated w ith Louisianaking Emeril LagasseTonv Chachere ar eg on to a campaign toprem ium Gulf of MexicoImp.Lagasse, one of America'smost watched TV chefs,$pjff".,the Chachere brand are ' "coming out with prod uctlines touting "Wild Am ericanihrimp " U.S.-eertifiedimp.The government-fundedcertification p rogram hasbeen in the works for over ayear an d iiite h# . to dlffer-entiate American shrim bfifpmchetip,pond-tailed "_' ) imports. ' : .'The campaign w assparkedby a desire to createa niche market like A laskansalmon, Maine lobster and bmck Angus beef have.' '"I am all about A merican seafood and have been for 30years. I'm proud to be a part

    Chef Emeri l* \Lagasse holdsdif ferent-sizeI shr imp dur ing acook ing demo n strat ion In New~ Orleans. Lagasse,and the Tony[ Chachere brand.are signing on to,a campaign tose ll p rem ium Gul fof Mexico shr imp.The aim is tfo- bo lster the price-Southern process o r s a n d fisher4'men ge t f o r t he i r shr imp.

    ASSOCIATED PRESS

    of the campa ign, especiallyworking with Louisiana

    shrimpers," Lagasse said:"Many families have beenin the sh rimping business forgenerations and they arebattling to stay in business."The aim is to bolster theprice Southern processorsand fishermen get for theirshrimp. i c i ( * ' . -Imports halved the valueof domestic shrimp in thepast three years, drivingmany American shrimpersout of business. The campaign hopes towin Americans over to th etaste of shrim p harvested inwate rs off tip South Atlanticstates and in the Gulf of -Mexico."Once they become awarethere's a h igher-qualityproduct out there, they'regoing to demand it," said) See SHRIMP,PageES

    *

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    SHRIMP:^Already hit La. grocery Storesifrom PACE E4Larry Avery, managingpartner ofGulf Island Shrimpand Seafood LLC, which ownsthe Chachere brand. "It is asweeter-flavored shrimp."Chachere, who died at 90in 1995, helped popularizeCajun and Creole food withcookbooks specializing inseafood and wild game.He also was known for hisseasonings, instant roux andgravy mixes.

    Unlike Emeril, Gulf Islandwas already in the businessof selling shrimp before th enew certification programstarted.With th e spring shrimpseason kicking into gearalong th e GulfCoast, thecompany's two processors insouthern Louisiana will bebusy inspecting andcertifying shrimp."Seafood needs to be likewine," said Eddie Gordon,who heads Wild AmericanShrimp Inc., a group thatformed to organize themarketing campaign with $6million in grant money fromth e U.S. government."Gosh, they spend all thistime talking about wine inseafood restaurants. Whyaren't they talking about

    seafood. I think it's our fault,"Gordon said."People heed to sit downand start talking about thedifferent kinds of shrimp, th edifferent kinds of salmon."Emertt's bags of frozenshrimp have already hit themarket in grocery stores inSt. Tammany Parish, anaffluent suburb of NewOrleans.As soon as Theresa Currie,a teacher and mother, sawEmeril's new "U.S. Grade A"shrimp she bought a bag.Emeril's 16-ounce bags oflarge-size shrimp wereselling for $11.99, $1 morethan a generic brand ofimports."I would assumeI knowit's an assumptionbut if itis Emeril, it's local," she said."He has a good reputation."But getting Currie to bu ythe shrimp was an easy sale:She'd heard all about thecampaign because he rhusband works in the seafoodbusiness.Getting less shrimp-savvy

    shoppers in places such asMaryland,California and theMidwest to pay more forAmerican shrimp than theydo for imported varieties willbe much tougher, said JohnConnelly, president of theNational Fisheries Institute.But he said there's a goodchance the marketing ,strategy will pay off,especially in light of thegrowing appetite Americanshave for seafood in general."For some consumers,their mouths just water whenthey hear 'Wild AmericanShrimp' or 'Wild AmericanSalmon,'" Connelly said.But he said imports havetheir place, too."Some people savor a nicejuicy shrimp from the Gulf,but for some that taste is toooverpoweringand they wantthe milder taste of black tiger(shrimp) from Asia."O n the Net: Wild AmericanShrimp,www.wildamericanshrimp.com; Emeril's, www .emerils.com; Tony Chachere,www.tonychachere.com.

    Case 6:11-cv-01712-RFD-CMH Document 1-3 Filed 09/23/11 Page 6 of 27 PageID #: 40

    http://www.wildamerican/http://shrimp.com/http://emerils.com/http://www.tonychachere.com/http://www.tonychachere.com/http://emerils.com/http://shrimp.com/http://www.wildamerican/
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    Stuart NewsStuart, FL04/30/2005CIRC: 41,170

    Emeril, Tony Chachere endorse'Wild American Shrimp'NEW ORLEANS Emeril Lagasse, oneof America's most-watched TV chefs, hassigned onto a campaign to get Americanshooked on premium American shrimp andgive a boost to the southern shrimping industry. !Lagasse and the well-known Louisianafood brand Tony Chachere's Creole Foodsare selling U.S.-certified "Wild AmericanShrimp," joining a handful of other companies and restaurant chains also taking partirt the program.The government-funded campaign aims^t differentiating American shrimp from

    cheap, pond-raised import . It was sparkedby a desire to create a niche market likethat for Alaskan salmon, Maine lobster andAngus beef. V

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    SN Supermarket NewsNew York, NY05/09/2005CIRC: 39,651

    MEAT SEAFOOD DAIRYA&P Leads Rollout of Wild American ShrimpBy ROBERT V OSBURGHNEW YORK A number ofretai lers with s tores in theSoutheast and East Coast areintroducing a line of frozens h r i m p c e r t i f i e d a s w i l dAmer ican , and l abe led assuch under the new country-of-origin rules.

    A&P, Montvale, N.J., became the f i r st na t io na l r e t a i l e r t o ro l l ou t p ro duc t s ,branded under chef Emeri lLagasse. Emeril 's LouisianaShrim p is avai lable in bagsof 36-45 count , extra large(raw peeled/shell off); 26-35count, extra large (raw headless /shel l on) ; 50-70 coun t ,medium ( r aw pee led / s he l loff); and 16-25 count, jumbo(raw headless/shell on). Thecha in pa i r ed in t roduc to rypr icing throug hout i ts divis ions with purchases of the

    s tar chef 's exis t ing l ines ofsauces and marinades ."A&P jumped on i t veryaggres s ive ly , " s a id C ra igB orges , ow ner o f New Or leans Fish House, the processor that supplies the Emerilline. "It 's part of an Emerilweek A&P is doing , caJled '1-2-3 Bam!' It 's based aroundthe shr imp. They're alreadyon sale but you get a notherdollar off if you buy two ofthe other products."T h e 3 0 % i n t r o d u c t o r ydiscount on the shr imp ap

    p l i ed to a l l f our va r i e t i es ,each packed in l-pound bags.The bags are also s tampedw i t h a c e r t i f i c a t i o n m a r kfrom Wild American Shrim pInc., aMt . P leas an t , S .C . -based organizat ion createdby the Southern Sh r imp All i a n c e t o p r o m o t e w i l d -caught U.S. shr imp.

    "What we found wa s weneeded a cer t i f icat ion- typeprogram modeled af ter theo n e f o r C e r t i f i e d A n g u sBeef," s a id Eddie Gordon ,WAS I 's execut ive director ." W e thought i f t her e ' s nosuch thing as just plain beef,there didn' t have to be onefor wild American shrimp."WASI certification is prim a r i l y c o n d u c t e d b y i n spectors f rom the U.S Dep a r t m e n t o f C o m m e r c e ,though qual i f ied third parties, like universities, are als o i n s p e c t i n g p r o c e s s o r s .WASI began operat ing las tJune, and the launch of theshr imp as a branded en t i tystarted w ith the Emeril line,as wel l as p ro duc t s f romTony C hachere ' s , Or l eans ,B u m b l e Be e a n d S c o t t ' sP r ide , among o ther s .

    "After May 1, yo u'l l see

    [Emeri l' s shr imp] in Stop &Shop/Giant-Carlisle stores,"said Borges, noting that A&Phad one week of exclusivitywith the l ine. However , ope r a t o r s i n n o n - c o m p e t i n gmarke ts , such as Publix Super Markets, Lakeland, Fla.,began o f f e r ing Emer i l ' s a tabout the same time as A&P.Albertsons, Kroger and Wal-Mart Stores are also gearingu p t o o f f e r t h e s h r i m p ,though sourced f rom othersuppliers and merchandisedunder dif ferent names .T h e i n t r o d u c t i o n c o i n cided with the start of coun-try-of-or igin label ing rulesgoverning seafood. The useof the on-p ack WASI certifica t ion mark w i l l s e rve no ton ly a r egu la to ry purpo s e ,but also as reassurance forc o n s u m e r s , G o r d o n s a i d" T h e y a s s u m e t h e y ' r e

    U P of ten four Emeri l shrimp products.eat ing wild-caught shr imp,"he said. "However , 85% ofthe s h r imp cons umed hereis not caught in the Gulf ofMexico o r Sou th At l an t i c .It 's imported from overseasand mos t o f tha t i s f a rm-raised."

    Currently, only abou t 5% 225 mill ion poun ds ofthe 1 .4 b i l l i on pounds o fshrimp consumed every yearin the United States is wildAmerican.

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    Anniston StarAnniston, AL05/01/2005CIRC: 27,463

    EmeriPs 'Wild American Shrim p'TV chef, Tony Chachere brand come out with U.S. certified seafood

    BY CAIN BURDEAUAssociated Press

    i "NEW ORLEANSTw o of the namesmost associated w ith Louisiana cooking Emeril Laga sse and TjQriy Chach ere aresigning on to a campaign to sell premiumGulf of Mexico shrimp.Lagasse, one of America's m ost-watchedTV chefs, and the Chachere brand are Coming out with product lines touting "WildAmerican Shrimp"U.S. certified shrimp.The government-funded' certificationprogram has been in theTHE LINK works for over a year andintends to differentiateAmerican shr imp fromc h e a p , p o n d - r a i s e dimports. The campaign wassparked by a desire to createa niche market like Alaskansalmon, Maine lobster andblack Angu s beef have.

    "I am all about American seafood and have beenfor30years. I 'm proudtob ea part of the campaign,especially working withL o u i s i a n a s h r imp e r s , "Lagasse said. "Many families have been in theshrimping business for gen erations ; and{hey are battling to stay in business."The aim is to bolster the price Southernprocessors and fishermen get for theirshrimp. Imports halved the value of domes

    tic shrimp in the past three years, drivingmany American shrimpers out of business.The campaign hopes to win Americans overto the taste of shrimp harvested in w aters offthe South Atlantic states and in the Gulf ofMexico.

    W i l d Amer-ican Shrim p:http://www.wildamerican-shrimp.com Emeril's:http://www.emerils.comTonyCachere:http://www.tonycachere.com

    Cheryl Gerber/Assoc iated PressChef Em er i l Lagasse presents d i f f e ren t s ize sh r im p W edn esd ay d u r ing a coo k-,i ng dem o ns t ra t ion i n N ew O r l eans . L ag as s e, on e o f A m er ic a ' s m os t - w atc h edTV c hefs , and the Tony Chachere b rand are s igning on to a camp aign to se l lp r e m i u m G u l f o f Me xic o s h r i m p ."Once they becomeaware there's ahigh -er-quality p roduct out there, they 're going todemand it," said Larry Avery, managingpartner of Gulf Island Shrimp and SeafoodLLC, which owns the Chachere brand. "It isa sweeter-flavored sh rimp."Chachere, who diod at 90 in 1995, helpedpopularize Cajun aid Creole food withcookbooks specializing in seafood and wild

    game. H e also was knownforhis seasonings,instant roux and gravy mixes.Unlike Em eril, Gulf Island was already inthe business of selling shrimpbefore the newcertification program started. With thespring shrimp seasonMcking into gear along

    the Gulf Coast, the compan y's two processors in southern Louisiana will be busyinspecting and certifying shrimp."Seafood needs to be like wine," saidEddie Gordon, who heads Wild AmericanSh rim pln c, a group that formed to organizethe marketing campaign with $6 m illion ingrant money from fileU.S. government.Emeril's bags of frozen shrimp havealready hit the market in grocery stores in St.Tammany Parish, an affluent suburb of NewOrleans.As soon as Theresa Currie saw Emeril'snew "U.S. Grade A" shrimp she bought abag.

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    http://www.w/http://shrimp.com/http://www.e/http://merils.com/http://www.to/http://www.to/http://merils.com/http://www.e/http://shrimp.com/http://www.w/
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    Daily IberianNew Iberia, LA05/01/2005CIRC: 16,000

    am! Lagasse teams withTony Chachere brandto promote Gulf shrimp

    " ~

    NEW ORLEANS (AP) Two of thenames most associated with Louisianacooking Tony Chachere and EmerilLagasse ar e signing onto a campaign tosell prem ium Gulf of Mexico shrimp.Lagasse, one of A merica's m ost watchedTV chefs, and the C hachere brand are coming out with product lines touting "WildAm erican Shrimp"U .S. certified shrimp.The government-funded certification.pro-gram ha s been in the works for over a^earand intends to differentiate Americanshrim p from cheap, pond-raised imports.The campaign was sparked by a desire tocreate a niche m arket like Alaskan salmon,Maine lobster and black Angus beef."I am all about American seafood andhave been for 30 years . I'm proucLto be a pa rtof the campaign, especially working withLouisiana shrimper s," Lagasse said. "Manyfamilies have been in the shrimping businessforgenerationsand they are battlingto stay in business."The aim is to bolster the price Southernprocessors and fishermen get for theirshrimp. Im ports halved the value of domestic shrimp in the past three years, drivingmany American shrimpers out of business. The campaign hopes to w in Americans over to the taste of shrim p harvestedin waters off the South Atlantic states andin the Gulf of M exico."Once they become aware there's a high-

    "I am all abou t Am ericanseafood an d have been f or 30years.'E m er i l L agas s eLouisiana chef

    er-quality product out there, they're going todemand it," said Larry Avery, managingpa rtn er of Gulf Island Shrim p and SeafoodLLC, w hich owns theiChachere brand . "It isa sweeter-flavored shrimp .""Seafood needs to be like wine," saidEddie Gordon, who heads Wild AmericanShrimp Inc., a group'that formed to organize the marketing campaign w ith $6 millionin g rant money from th e U.S. government."Gosh,, they spend all thi s time talkingabout wine in seafood restaurants, whyaren 't they talking about seafood! I thin kit's ou r fault," Gordon said. "PeOple need tosit down and start talkin g about the different kinds of shrimp, the different kinds ofsalmon."Emeril's bags of frozen shrimp havealready hit the market in grocery stores in

    A S S O O A T E D Chef Em eril Lagasse presen ts his golshrimp stew after a cooking demo nstrain New Orleans. Lagasse and the TChachere brand are signing on to a cpaign to sell premium Gulf of Mexico shriSt. Tammany Parish, an affluent suburNew Orleans.Getting less shrimp-savvy shoppersplaces like Maryland, California and Midwest to pay more for American shrithan they do for imported varieties wilmuch tougher, said Joh n Connelly presidof the National Fisheries Institute.But he said there's a good chance the mketing strateg y w ill pay off, especiallylight of t he growing appetite Americhave for seafood in general.

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    IslanderGulf Shores, AL11/01/2006C I R C : 6,000

    lonv.unacfiere brings i>reoie-styie cooKing>or Days Festival in Foley

    SubmNadCooking for the HeritageHarbor Days F estival reflectsthe true spirit of the IbnyChachere Creole FoodsCompany of Opelousas, La.The company w as foundedin 19 72 by Anthony "Ibny"Chachere, whose passion wasto share the Creole style ofcooking and preserve therecipes of the s outh Louisianacuisine.Chachere waa 65 years-oldand had retired for the secondtime in his life, when his loveof Louisiana cooking lead to

    the creation of asuccessful cook-book and ultimately the com-C y t hat baresname andnow sells morethan 50 productsthroughout theUnited States.The "cookingcrew" from TonyChachere willbring that same passion forgood food to Foley as th ey prepare Creole .lambalaya anddeep fried Creole turkey which

    has been injected with a delicious marinadeTony's first product, and nodoubt his best known, is thefamous Tony Chachere Creole

    lar greencontainercan befound in thespice section ofstoreseverywhere./However ,now thecompanyprovides many more productswhich feature the popularCajun cuisine. Included aredelicious injectable marinades,

    the popular rice dinners, sucas J amba laya. Dirty Rice anGum bo, fish fry batters, riceand bean dinner mixes,ins tan t roux and gravy mixeand a variety of microwaveable dinne rs and entreat.It started with a passion fogood food and a cookbookNow more than 30 years anda milli on cookbooks later, thcooks from Tbny ChachereCreole Foods are proud toshare their passion at the

    Heritage Harbor DaysFestival

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    Times-PicayuneNew Orleans, LA06/29/2006CIRC: 281,573

    F O O DB R I E F SJEWISH COOKBOOKS DONATED T OFLOOD VICTIMS: Two thousand copiesof the new cookboo k "Divine KosherCuisine" a re being given to Gulf Coastcooks who lost their cookbooks inHurricane Katr ina, thanks to acol laboration be tween Congregation

    , Niskayuna, N.Y., and Wimm er ;>.Cdbkbcoks' i a 'pr inting house InMem phis, Tenn. Betty Lazarus,l ibrar ian a t Gates o f PrayerSynagogue in Metalr ie, sent a letter tothe Association o f Jewish Librar iesasking f o r replacem ent books. "DivineKosher Cuisine" is a hardbound, ful l-color col lection o f contemporary andtrad i t iona l rec ipes produced by thesynagogue's cater ing chefs' and oo-.authors , Rise Routenberg andBarbara Wasser, working-with wri terAnnette Keen, photographer HarveyMendelson, and more than, 1 5 0congregant volun teers. Copies o f th ebook have been sent t o synagogues inthe Gulf region; those who lost theirbooks and want a copy can contacttheir local synagogde o r Adam ,Bronstone a t the Jewish F ederationof New Orleans.FOLSE BRINGS "ENCYCLOPEDIA" TOP B S : Chef Joh n Folse and LouisianaPubl ic Broadc asting are creating 26new episodes in the "A Taste o fLouisiana" television series. The ne wprog ram ti t led, "Louisiana's FoodHeri tage: The Encyclopedia Series," Isthe companion to Folse's "TheEncyclopedia o f Cajun & CreoleCuisine," already in i ts fourth pr intingin less than tw o years. Programs a redevoted t o the seven nations thatmost influenced Louisiana's cultureand cu isine, as well as the Cajun aridCreole c ultures. Folse visi ts histor icsi tes and interviews notableLouisianians such as Chef Leah Chaseand histor ian Gwendolyn Midlo-Hal l .Taping began June 2 1 a t the LPBs tudio, and the series is se t t o a i rstatewide in the fal l , with a nationaluplink scheduled f o r spr ing. For moreoo o UAA/W i fnka rr \m

    8 p .m. A Green Plate Special m eal wi l lbe o f fe red.The Crescent Ci ty Farmers Marketoperates Saturdays a t 700 MagazineSt. f rom 8 a.m. to noon, and onTuesdays a t 170 Broadway fro m 9

    a . m . t o 1 p.m. The mark et wi ll beopen on the Fourth o f July, servingfree hot dogs and watermelon whi le itlasts. Local blues duo Slewfoo t willp lay, and Crepes a la Cart wi ll makefresh crepes in the Green PlateSpecial tent. Fred Kasten o f WWNOwil l broadcast.

    The Gretna Farmers Market isSaturday mornings from 8:30 a.m. toH } Q $ l$H$ n Huey P ., Long Avenuebetween 3rd and 4 th streets. TheMarket. Comm ittee wil l gr i l l freshvegetable packets f o r tasting, a n dKerm lt Venable will provide Cajunmusic. Doyle H anson will sharpenknives.The Covington Farmers Marketopera tes Saturdays f rom 9 a.m. to 1p.m., and Wednesdays from 10 a.m.to 2 p.m., o n the side lawn o f CityHall, 609 N.Columbia St. Call(985) 892-1873 f o r information.

    A TASTE O F TONY'S: Dorignac's FoodCenter, 710 Veterans Memorial Blvd.In Me talrie, will host a complimentarytasting o f Tonv Chachere's line ofLouisiana Creole*foods Saturday andSunday from 11 a.m. to 6 p.m.Representatives from TonyChachere's wi ll prepare de ep-fr iedturkeys, jambalaya and^ausages.MICHAEL DRESSER'S WINE OF THEWEEK: 2005 Three Thieves UnoakedChardonnay ($11). Wine is aboutfruit, and too many chardonnayHa r e n e u t e r e d by the h e a v y -handed use of oak. This California wine, which comes in a l i terjug wi th a classy modern screwcap, delive rs pure fruit flavor,with hints of pear, peach, lemon,orange and tropical fruits.Twenty percent chenin blanc,gewurztraminer and muscat ofAlexandria gives it a spicy char-acter. Serve with Thai, 'Vietnam-ese or similar cuisine.The Baltimore Sun

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    Daily Gazet teSterling, IL11/12/2008CIRC: 12,871DAILYGAZETTE

    Trio of birds makes tasty holiday packageBY SUSAN SELASKYDETROIT FREE PRESSWhat shall we have forThanksgiving this year?How about a turducken?A turducken is a tr io ofbirds - turkey (tur), duck(duck) and chicken (en) -all nestled together.It sounds like the beginning of a tall tale: Thereonce was turkey that lostall i ts bones and wasstuffed with a duck thatswal lowed a chicken.They were a l l separa tedby a spicy, flavorful stuffing and then seamedback together in onemeaty package.All that meat comes at aprice - it 's at least threetimes more expensivethan a traditional turkey.And that 's without theshippin g fees.Folks from French Market Foods in Louisiana,from w hich we ordered th eturducken, say their expertmeat cutter can debone aturkey in 2 min utes and achicken in 1 minute.French Market Foods produces turduckens (andother meats) for privatelabels and is the retailoperation for TonyChachere's produ cts.

    "We sell 65,000 to 70,000a year," says Scott Arrant,an owner of French Market Foods. "It's almost 100percent yield on it. It 's agreat product; people whoorder from us order overand over again."With its solid meat andhuge portion of breastmeat, turduckens need along, slow cooking meth od,so me mea t doesn't dry out.The ins truc t ions withnur turducken said it

    should be cooked at 350degrees covered for 4hours; then cooked 1 houruncovered so the skinbrowns. I t took every bitof that, an d it did turn outmo ist. We were advised tocook the turducken in atight roasting pan. (Turduckens are held togetheronly by the skin of theturkey. If it's allowed toexpand , there's a chanc e itwill split during roasting.)Turduckens have beenaround since the 1980s,mainly in the South. Theyare very popular inLouisiana. Some sourcessay it all started with thefamous Cajun chef PaulPrudhomme.

    Hunting turduckenIf you're interested inserving turducken, hereare several sup pliers.When ordering, be sure toallow at least several daysfor shipping and thawing.Some places also offer aturducken roll. It's a product without the legs andwings of the turkey. www.samsclub.com:Sells the Tony Chachere'sbrand online only. A 12-pound turducken with Creole cornbread and porkrice dressing is $48.3 7.

    www.cajungrocer.com: A15 -poun d turduckenwith Creole pork sausageand co rnbread stuffing is$64.95. tonychacheres.com: A15-pound turducken thatwill feed about 2 0 peopleis about $70. It's stuffedwith cornbread stuffingand pork rice dressing. hebertsmeats.com: An8- to 10-pound turduckenwith cornbread dressingand pork sausage stuffingis $62.95.

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    http://www.samsclub.com/http://www.cajungrocer.com/http://tonychacheres.com/http://hebertsmeats.com/http://hebertsmeats.com/http://tonychacheres.com/http://www.cajungrocer.com/http://www.samsclub.com/
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    The Daily Advert iserLafayette , LA11/12/2008CIRC: 40 ,491

    TH E DAILY ADVERTISER

    Turducken w ra p s birdsinto one packageSusan Selas kyGannett News ServiceWhat shall we have forThanksgiving this year?How about a turducken?A turducken is a trio of b irds turkey (tur) t duck (duck) andchicken (en) all nestledtogether.It sounds like the beginningof a tall tale: There once was.turkey th at lost all its bones andwas stuffed with a duck thatswallowed a chicken . They wereall separated by a spicy, flavorful stuffing and then seamedback together in one meatypackage.All that meat comes at aprice it's at least three timesmore expensive than a traditional turkey And that's without the sh ipping fees..Reader John Smeekens ofClinton Township, Mich., calledthe test kitchen looking for alocal source for turduck en."I read an a rticle about it inth e Michigan UnitedConservation Clubs magazineand Googled it, and I couldn'tbelieve the number of hits onit," he said, "It really soundedinteresting, and who wouldhave ever thought to take aduck, stuff it with a chickenand stuff that inside a turkey?"

    But instead of forThanksgiving or Christmas,Smeekens ordered it for NewYear's Day from TonyHharhfirft's in Louisiana. He gota holiday pack tha t came with a12-pound turduc ken, 1 pound ofshrimp, 2 pounds of cornbreaddressing, 2 pounds of rice dressing, 8 ounces of TonyChachere's seasoning and aCreole cookbook. W ithout ship ping, it was $59.95.

    ducken to see what all the fussis about. After al l,' JohnMadden, the NFL commentator,is a huge fan. Southern sweetiePaula Deen has featured herown on the Food Network and isincluding one in upcomingepisodes.Folks from French MarketFoods in Louisiana, from whichwe ordered the turducken, saytheir expert meat cutter candebone a turkey in two minutesand a chicken in one minute.French Market Foods producesturduckens (and other meats)for private labels and is theretail operation for TonyChachere's products."We sell 65,000 to 70,000 ayear," said Scott Arrant, anowner of French Market Foods."It's almost 100 percent yield onit. It's a great product; peoplewho order from us order overand over again."With its solid meat and hugeportion of bre ast meat, turduckens need a long, slow cookingmethod so tha t the meat doesn'tdry out.The instruction to our turducken said it should be cookedat 350 degrees covered for 4hou rs; then cooked 1 hou r< M TURDUCKEN on Pm f SCuncovered so the skin

    browns. It took every bit ofthat, and did turn out moist.We were advised to cook th eturducken in a tight roasting pan. (Turduckens areheld together only by theskin of the turkey If it'sallowed to expand, there's achance it will split duringroasting.)When it was all done andready to eat, tasters ravedabout the aroma and thelook of the golden brownt iiwHu/1ran Tha f l a v n r r o n e

    moist and delicious andfans of duck loved the flavorcombinatioaTurduckens have beenaround since the '80s, mainly in the South. They arevery popular in Louisiana.Some sources say it allstarted with the famousNew Orleans chef PaulPrudhomme.'A recipe for turduckencan be found in Th ePrudhomme FamilyCookbook: Old-timeLouisiana Recipes, by the 11Prudhomme brothers andsisters (the book is out ofprint but may be foundused).An Internet search alsolisted a 2005 NationalGeographic article pointingto H ebert's Specialty Meatsas another early source ofturducken publicity.Hebert's Web site(www.hebertsmeats.com)says the turducken wasinvented 25 years ago.In Louisiana, turduckens are available year-round; they are popular notonly for Thanksgiving, butfor New Year's Day andSuper Bowl parties. Innorthern states, they areharder to come byBut at family-ownedPeacock's Poultry Farm inTroy, Mich., manager LoraPreston has been makingher version of a turduckenfor several years, after seeing one on television."I started doing them forme and my family," shesaid. "Customers startedwatching me do it and now Ido them on a preorderbasis."Preston makes -hersusing a boneless turkeyh r o n o t w i t h t h e s k i n O n .

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    http://www.hebertsmeats.com/http://www.hebertsmeats.com/
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    Iowa City Press-CitizenIowa City, IA11/19/2008CIRC: 13,148Iowa CityPress-Citizen

    T h i s y e a r , t r y t u r d u c k e nT r i o o f b i r d s m a k e s f o r at a s t y T h a n k s g iv i n g p a c k a g eGannett News ServiceWhat shall we have forThanksgiving this year?How about a turducken?A turducken is a trio ofbirds turkey (tur), duck(duck) and chicken (en) all nestled together.It sounds like the beginning of a tall tale: Thereonce was turkey that lost allits bones and was stuffedwith a duck that sw alloweda chicken. They were allseparated by a spicy, flavorful stuffing and then seamedback together in one meatypackage.

    All that meat comes at aprice it's at least threetimes more expensive than atraditional turkey. And that'swithout the shipping fees.Reader John Smeekensof Clinton T ownship, Mich.,called the Detroit Free Pres sTest Kitchen looking for alocal source for turducken ."I read an article abo ut itin the Michigan UnitedConservation Clubs magazine and Googled it and Icouldn't believe the numberof hits on it," saysSmeekens. "It really sounded interesting, and whowould have ever thought totake a duck, stuff it with achicken and stuff th at insidea turkey?"

    But instead of forThanksgiving or Christmas,Smeekens ordered it forNew Year's Day from TonyChachere's in Louisiana. Hegot a holiday pack that camewith a 12-pound turducken,1 poun d of shrimp, 2 poundscornbread dressing, 2pounds of rice dressing, 8o nf Tnnv Charhere 's

    seasoning and a Creolecookbook. Without shipping, it was $59.95.This year, the Free P ressordered a turducken to seewhat all the fuss is aboutAfter all, John Madden, theNFL commentator, is a hugefan. Southern sweetie PaulaDeen has featured her ownon the Food Network and isSee TURDUCKEN, 13 Cincluding one in upcomingepisodes.Po l k s f ro m F r e n c hMarket Foods in Louisiana,from which we ordered theFree Press turducken, saytheir expert meat cutter candebone a turkey in two minutes and a chicken in onemi n u t e . F r e n c h M a r k e tFoods produces turduckens(and other meats) for private labels and is the retailoperation for TonyChachere's produ cts."We sell 65,000 to 70,000a year." says Scott Arrant, anowner of French MarketFoods. "It's almost 100 percent yield on it It's a greatproduct; people who orderfrom us order over and overagain."With its solid meat andhuge portion of breast meat,turduckens need a long,slow cooking method sotha t the meat doesn ' t d ryo u tThe instruction to ourturducken said it should b e9ke

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    Florida TodayMelbourne, FL11/13/2008CIRC: 85,860

    Tiy turducken for Thanksgiving

    GNJSSomething d ifferent. Turduckens, a chicken stuffed inside a duck stuffed inside a turkey, deboned exceptfor the drum sticks and wings, have been around since the '8 0s , mainly in the South.

    B Y S U S A N S E L A S K Y

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    Lincoln Journal StarLincoln, NE11/19/2008CIRC : 77,648W LINCOLN ->i AJournal Star

    Where to buyturduckenIf you're interested in servingturducken for Thanksgiving, hereare several suppliers. When ordering, be sure to allow enoughtime (at least several days) forshipping and thawing.Some of these places listedhere also offer a turducken roll.It's a smaller product without thelegs and wings of the turkey.www.samsclub.com: Sellsthe Tony Chachere's brand onlineonly. A 12-pound turducken with

    Creole combread and pork ricedressing is $48.37.www.cajungrocer.com:A 15-pound turducken with Creolepork sausage and combreadstuffing is $64.95 .www.tonyctiacheres.com: A15-pound turducken tha t willfeed about 20 people is about$70. It's stuffed w ith combreadstuffing andpork rice dressing.www.herbertsmeats.com:An 8- to 10-pound turduckenwith combread dressing andpork sausage stuffing is$62.95.

    WILLIAM ARCHIEi'Dutum fine PresiiNICTA 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 popularnot only forThanksgiving, but forNew Year's Day andSuper Bowl parties.

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    http://www.samsclub.com/http://www.cajungrocer.com/http://www.tonyctiacheres.com/http://www.herbertsmeats.com/http://www.herbertsmeats.com/http://www.tonyctiacheres.com/http://www.cajungrocer.com/http://www.samsclub.com/
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    Columbus TelegramColumbus, NE11/18/2008CIRC: 8,946IELEGRAM3 birds, no bones: Turducken wraps turkey,duck, chicken into tasty Thanksgiving packageBy Susan SelaskyDetroit Free Press

    What sha l l we have forThanksgiv ing th is yea r?How about a tu rducken?A turducken is a tr io ofbirds tur ( turkey) , duck(duck) and en (chicken) allnestled together .I t sounds l ike the beginningof a ta l l ta le : The re once w asturkey that lost a l l i ts bonesand was stuffed with a ducktha t swa l lowed a ch icken .They were a l l sepa ra ted by a^^ spicy, flavorful stuffing an dthen seamed back toge the r inone mea ty package .All that meat comes at apr ice it 's a t least threet imes more expens ive than atradit io nal turkey. And th at 'swithout the shipping fees.Las t yea r , r eader JohnSm eekens of Clinton Township,Mich., called the Detroit FreePress Test Kitchen looking for alocal source for turd ucken ."I read an article about it inthe Michigan United Conservation Clubs magazine andGoogled it an d I couldn't believethe number of hits on it," saysSmeekens. "It really soundedin te res t ing , and who wouldhave ever thought to take aduck, stuff it with a chicken a ndstuff that inside a turkey?"But ins tead of for Thanksg iv in g o r C h r i s tma s ,Smeekens ordered i t for NewYear 's Day from TonyChachere '8 (SASH-rees) inLouisiana. He got a holidaypack tha t came wi th a 12-pound turducken , 1 pound of- -^ shr imp, 2 pounds cornbreaddressing, 2 pounds r ice dressing, 8 ounces of TonyChachere ' s seasoning and aCreole cookbook. Withoutshipping, i t was $59.95.This year , the Free Pressordered a turducken to seew ha t all the fuss is about. After

    all, John Madden, the NFLcommentator, is a huge fan.Southern sweetie Paula Deenhas featured her own on theFood Network a nd is includingone in upcoming episodes.Folks from French MarketFoods in Louisiana, from whichwe ordered the Free Press turducken, say their expert meatcutter can debone a turkey intwo minutes and a chicken inone minute . F rench Marke tFoods produces turduckens(and other meats) for privatelabels an d is the retail operationfor Tony Chachere's products."We sell 65,000 to 70,000 ayear," says Scott Arrant, anowner of French M arket Foods.With i t s so l id mea t andhuge por t ion of breas t m ea t ,turduckens need a long, slowcooking method so that themeat doesn' t dry out.The instruction to our turducken sa id i t should becooked at 350 degrees coveredfor 4 hours; then cooked 1hour uncovered so the skinbrowns. It took every bit ofthat , and did turn out moist .We were advised to cook theturducken in a t igh t roas t ingpan . (Turduckens a re he ldtogether only by the skin ofthe turkey. If it 's allowed toexpand, there 's a chance i twill spli t dur ing roasting. )When i t was a l l done andready to ea t , ta s te r s r avedabout the a roma and the lookof the golden brown turducken. Th e f lavor wa s moist a nddelic ious and fans of duckloved the f lavor com bination.T u r d u c k e n s h a v e b e e naround since the '80s, mainlyin the South. They are verypopular in Louisiana. Somesources say i t a l l s tar ted withthe famous Cajun chef PaulP r u d h o m m eA recipe for turducken canbe found in "The PrudhommeFamily Cookbook: Old- t ime

    Louis iana Recipes," by the 11Prudhomme bro the r s and s is ters ( the book is out of pr intbut may be found used) .An In ternet search also listed a2005 National Geographic articlepointing to Herberfs SpecialtyMeats in Maurice, La., as anotherearly source of u rdu cke n publicity.Herbert's Web site (wwwher-bertsmeats.com) says the turducken was invented 25 years agoI n L o u i s i a n a , t u r d u c k e n sare available year-round; theyare popular not only forThanksgiv ing , bu t for NewYear 's Day and Super Bowlparties. In places l ike Michigan th ey are h ard to come by.But at family-owned Peacock's Poultry Farm in Troy,Mich. , manager Lora Prestonhas been making he r ve r s ionof a turducken for severaly e a r s , after seeing one on TV."I sta r te d doing the m for meand my family," says Preston."Cus tomers s ta r ted wa tchingme do i t and now I do the m ona preorder basis ."P res ton makes he r s us ing abone less tu rkey breas t wi ththe skin on, a long with boneless and skinless duck andchicken breasts and stuff ingin between."I do mine boneless be causeI didn' t want the waste ," saysPreston. "I l ike that you havethree d i f fe ren t mea ts whenyou slice it and you have nobones to deal with."Peacock ' s , tu rd uck en i s$12.99 a pound. Preston canmake them wi th smal l ( about5-6 pound) or large (10-12pound) turkey breas ts . ForThanksgiv ing orde r s , P res tonsuggests two w'eeks' notice.And she's flexible on thestuffing. "Depending on thecustomer 's preference I useP e p p e r id g e F a r ms w i thorganic celery and onions andI can do a pork sausage," she

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    Texarkana GazetteTexarkana, TX11/12/2008CIRC: 29,427UfexarkattaThree birds, no bones: Turducken makes a tasty packageB Y S U S A N S E L A S K YDetroit Free PressWhat shall we have for Thanksgivingthis 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 talltale: There once was turkey that lostall its bones and was stuffed with aduck that swallowed a chicken. Th eywere all separated by a spicy, flavorfulstuffing and then seamed back togeth

    er in one meaty package.All that meat comes at a priceit's atleast three times more expensive thana traditional turkey. And that 's witho utthe shipping fees.Last year, reader John Smeekens ofClinton Township, Mich., called theDetroit Free Press Test K itchen looking for a local source for turducken.But instead of for Thanksgiving orChristmas, Smeekens ordered it forNew Year's Day from Tony Chachere's(SASH-rees) in Louisiana. He got aholiday pack that came with a 12-pound turducken, 1 pound of shrimp,2 pounds cornbread dressing, 2pou nds rice dressing, 8 ounce s of TonyChachere's seasoning and a Creolecookbook. Without shipping, it was$59.95.This year, we ordered a turducken tosee what all the fuss is about. After all,John Madden, the NFL commentator,is a huge fan. Southern sweetie PaulaDeen has featured her own on theFood Network and is including one inupcoming episodes.Folks from French Market Foodsin Louisiana, fromwhich we ordered ourturducken, say theirexpert meat cutter candebone a turkey in twominutes and a chickenin one minute. FrenchMarket Foods producesturduckens (and othermeats) for privatelabels and is the retailoperation for TonyChachere's products."We sell 65,000 to70,000 a year," says

    Scott Arrant, an ow nerof French MarketFoods. "It's almost 100percent yield on it. It's agreat product; people who order fromus order over and over again."With its solid meat and huge portion of breast meat, turduckens need along, slow cooking me thod so