Contract analysis

1. Matter Summary This memorandum documents the opening, progression, resolution, and closing of Matter No. 1011-00003, a federal trademark infringement action and related Trademark Trial and Appeal Board ("TTAB") opposition proceeding handled by the intellectual Property Group of Calderwood & Harkness LLP ("C&H" or the "Firm") on behalf of Meridian Consumer Brands LLC. Client: Meridian Consumer Brands LLC ("MCB"), a

2. Engagement Team The following attorneys comprised the C&H engagement team for this matter. All timekeepers are members of the Firm's intellectual Property Group. Total hours billed across all timekeepers: 830 hours. No paralegals, law clerks, or contract attorneys were separately billed to this matter. Administrative support was absorbed within the Firm's standard overhead allocation. Expert and mediator engagemen

3. Background and Client Profile 3.1 Meridian Consumer Brands LLC (MCB) Meridian Consumer Brands LLC is a consumer packaged goods company operating across three principal product verticals: household cleaning products, personal care products, and home fragrance products. MCB's products are distributed through major grocery retailers, club stores, and e-commerce channels in all fifty (50) states. The company is organi

4. Procedural History The following is a detailed chronological account of the material events in this matter, organized by phase. 4.1 Pre-Litigation Phase (September–November 2022) September 26, 2022 — Matter Opened; Cease-and-Desist Letter Sent. C&H opened this matter upon the instruction of Thomas R. Hennessy, General Counsel of MCB, following MCB's discovery that Brindoval's MERIDIAN FRESH trademark application h

5. Final Outcome — Trademark Coexistence Agreement Summary The matter was resolved through the negotiation and execution of a Trademark Coexistence Agreement dated May 15, 2023 (the "Agreement"). The principal terms of the Agreement are summarized below. A complete copy of the execution version of the Agreement is included in the matter file. Settlement Payment. Brindoval paid MCB a one-time lump-sum settlement payme

6. Financial Summary 6.1 Attorney Fees The following table summarizes the attorney fees incurred in this matter by timekeeper: All time entries were reviewed and approved by the Responsible Partner and Billing Partner in accordance with the Firm's standard billing procedures. The client was invoiced monthly, and all invoices have been paid in full as of the date of this memorandum. 6.2 Disbursements The following tab

7. Third Parties and Expert Consultants The following third parties and expert consultants were involved in or relevant to this matter:

8. Key Documents in File The following is a comprehensive index of the key documents contained in the matter file. All documents are maintained in both physical and electronic form in the Firm's document management system. Documents are listed in chronological order.

1. Engagement Letter — Calderwood & Harkness LLP / Meridian Consumer Brands LLC (September 26, 2022)

2. Cease-and-Desist Letter to Brindoval Home Goods Inc. (attn: Karen A. Whitfield, General Counsel) (September 26, 2022)

3. Internal Memorandum: Trademark Strength and Likelihood of Confusion Analysis (October 3, 2022) [Attorney Work Product — Privileged]

4. Expert Engagement Letter — Lakeshore Brand Consulting LLC (Dr. Elaine Furman, Ph.D.) (October 5, 2022)

5. Internal Memorandum: Litigation Strategy and Risk Assessment (October 7, 2022) [Attorney Work Product — Privileged]

6. Response Letter from Halverson McKay & Pruitt LLP on behalf of Brindoval (October 10, 2022)

7. Letter to Client (Thomas R. Hennessy) re Brindoval's Response and Recommended Next Steps (October 12, 2022)

8. Notice of Opposition, TTAB Opposition No. 91/278,415, against Application Serial No. 97/412,558 (October 14, 2022)

9. Complaint, Meridian Consumer Brands LLC v. Brindoval Home Goods Inc., S.D.N.Y. Case No. 1:22-cv-09483 (November 7, 2022)

10. Memorandum of Law in Support of Motion for Preliminary Injunction (November 18, 2022)

11. Declaration of Rachel Dominguez in Support of Motion for Preliminary Injunction (November 18, 2022)

12. Declaration of Dr. Elaine Furman — Consumer Confusion Survey Report (November 18, 2022)

13. Proposed Order Granting Preliminary Injunction (November 18, 2022)

14. Letter to Client (Thomas R. Hennessy) re Preliminary Injunction Hearing Report (December 20, 2022)

15. Internal Memorandum: Analysis of Court's Preliminary Injunction Order (January 11, 2023) [Attorney Work Product — Privileged]

16. FRCP 26(a)(1) Initial Disclosures — Meridian Consumer Brands LLC (January 23, 2023)

17. First Set of Interrogatories to Defendant (Nos. 1–25) (January 30, 2023)

18. First Set of Requests for Production to Defendant (Nos. 1–30) (January 30, 2023)

19. Internal Memorandum: Mediation Preparation and Settlement Valuation (February 10, 2023) [Attorney Work Product — Privileged]

20. Confidential Mediation Statement (February 13, 2023) [Mediation Privilege]

21. Letter to Client (Thomas R. Hennessy) re Mediation Outcome and Next Steps (February 16, 2023)

22. Internal Memorandum: Proposed Coexistence Agreement Terms (February 28, 2023) [Attorney Work Product — Privileged]

23. Trademark Coexistence Agreement — First Draft (March 6, 2023)

24. Redline Comparison / Negotiation Issues List (March 20, 2023) [Attorney Work Product — Privileged]

25. Negotiation Issues Tracker Spreadsheet (March 6 – April 28, 2023) [Attorney Work Product — Privileged]

26. Letter to Opposing Counsel (Gregory T. Halverson) re Markup Response (April 3, 2023)

27. Internal Memorandum: Final Open Issues and Recommended Positions (April 18, 2023) [Attorney Work Product — Privileged]

28. Letter to Client (Thomas R. Hennessy) re Final Terms and Recommendation (May 8, 2023)

29. Trademark Coexistence Agreement — Execution Version (May 15, 2023)

30. Escrow Agreement — MCB / Brindoval / Dralvecen National Bank (May 15, 2023)

31. Joint Stipulation of Dismissal with Prejudice, S.D.N.Y. Case No. 1:22-cv-09483 (May 22, 2023)

32. Proposed Order of Dismissal with Prejudice (May 22, 2023)

33. Withdrawal of Notice of Opposition with Consent — TTAB Opposition No. 91/278,415 (May 22, 2023)

34. Order of Dismissal with Prejudice (Hon. Patricia M. Albright) (May 30, 2023)

35. Escrow Release Instruction Letter to Dralvecen National Bank (May 30, 2023)

36. Letter to Client (Thomas R. Hennessy): Matter Closing Summary and Ongoing Obligations (May 30, 2023)

37. Final Invoice and Fee Summary (May 30, 2023)

38. Client File Closing Memorandum (this document) (May 30, 2023) [Attorney Work Product — Privileged]

9. Continuing Obligations and Post-Closing Action Items Although this matter is now closed, the Trademark Coexistence Agreement imposes certain continuing obligations on both parties. The following post-closing action items and monitoring responsibilities have been communicated to the client in C&H's closing letter dated May 30, 2023. These items are documented here for the Firm's records and to facilitate any future

10. Document Retention Instructions All documents generated or collected in connection with Matter No. 1011-00003, in both physical and electronic form, shall be retained in accordance with Calderwood & Harkness LLP's standard document retention policy for closed intellectual property litigation matters. The following specific retention instructions apply: Minimum Retention Period. All documents shall be retained for

11. Conflict-Check Update The Firm's conflict-check database (Greaves Services Inc.) shall be updated to reflect the following information in connection with the closing of this matter: Matter Number: 1011-00003 Matter Status: Closed / Completed Date Closed: May 30, 2023 Client: Meridian Consumer Brands LLC (Delaware LLC; EIN 83-4027165) Adverse Party: Brindoval Home Goods Inc. (Minnesota corporation; EIN 41-2091487)

12. Approval and Distribution This Client File Closing Memorandum has been prepared and submitted for approval in accordance with Calderwood & Harkness LLP's standard file-closing procedures for completed litigation matters. Prepared by: ________________________________________ Peter Vassiliev Associate, intellectual Property Group Calderwood & Harkness LLP Date: May 30, 2023 Reviewed and Approved by: _______________