Contract analysis

I. Executive Summary The purpose of this memorandum is to set forth our recommended multi-track enforcement strategy following the refusal by Brindoval Home Goods Inc. ("Brindoval") — communicated via the October 10, 2022 response letter from Gregory T. Halverson of Halverson McKay & Pruitt LLP — to cease use of the MERIDIAN FRESH mark and to withdraw its pending trademark application, Serial No. 97/412,558. Brindova

II. Background and Current Status A. MCB's Trademark Portfolio MCB is the owner of a well-established family of MERIDIAN marks used in connection with cleaning preparations in International Class 3. The following federal trademark registrations form the core of MCB's relevant intellectual property portfolio:

1. U.S. Registration No. 4,218,506 — MERIDIAN (standard character mark, International Class 3). This registration was issued by the United States Patent and Trademark Office on August 14, 2012. The mark covers cleaning preparations, including all-purpose cleaners, glass cleaners, surface disinfectants, and related products. MCB claims a date of first use in commerce of approximately 2011, giving it over eleven years

2. U.S. Registration No. 5,034,771 — MERIDIAN CLEAN (standard character mark, International Class 3). This registration was issued on October 18, 2016, and covers a substantially similar range of cleaning preparations. The MERIDIAN CLEAN mark is used as a sub-brand within the broader MERIDIAN cleaning product line and reinforces MCB's rights in the MERIDIAN mark as a source identifier.

3. U.S. Registration No. 5,589,320 — MERIDIAN (stylized logo incorporating a wave device, International Class 3). This registration was issued on July 10, 2018. The stylized mark features the word "MERIDIAN" rendered in a distinctive font accompanied by a wave-form graphic device. This registration is particularly significant because Brindoval's trade dress for the MERIDIAN FRESH product line incorporates a wave devi

III. Recommended Litigation Strategy We recommend that MCB pursue a coordinated, three-track enforcement strategy designed to (a) block Brindoval's ability to obtain a federal trademark registration for MERIDIAN FRESH, (b) obtain injunctive relief prohibiting Brindoval's continued use of the mark and trade dress, and (c) recover monetary damages for the harm already caused to MCB's brand. Each of the three tracks is

1. Filing of Notice of Opposition We recommend that MCB file a Notice of Opposition before the Trademark Trial and Appeal Board against Brindoval's pending trademark application, Serial No. 97/412,558, for the mark MERIDIAN FRESH in standard character form in International Class 3. The opposition will be filed on behalf of MCB in its capacity as the owner of prior registrations that are likely to be damaged by the is

2. Strategic Purpose The TTAB opposition serves several important strategic purposes within the broader enforcement framework: First, a sustained opposition would prevent Brindoval from obtaining a federal registration for MERIDIAN FRESH. Federal registration carries significant legal advantages, including nationwide constructive notice of the registrant's claim of ownership, a statutory presumption of validity, and

3. Potential Outcomes The TTAB opposition can produce the following outcomes: • Opposition sustained: The Board will refuse registration of MERIDIAN FRESH, and the application will be abandoned. This is the optimal outcome and would prevent Brindoval from obtaining the constructive-notice and other benefits of federal registration. • Opposition dismissed: The Board may find that MERIDIAN FRESH is not confusingly simi

1. Proposed Causes of Action We recommend that MCB file a complaint in the United States District Court for the Southern District of New York asserting the following claims: Count I: Trademark Infringement under Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1). This count will allege that Brindoval's use of the MERIDIAN FRESH mark in connection with cleaning products constitutes trademark infringement by creating

2. Choice of Forum: U.S. District Court for the Southern District of New York We recommend filing the complaint in the United States District Court for the Southern District of New York for the following reasons: MCB is headquartered at 450 Park Avenue South, New York, New York 10016, which is located within the Southern District of New York. MCB's senior management, including Thomas Hennessy (General Counsel) and Ra

3. Relief Sought MCB's complaint will seek the following forms of relief: Injunctive Relief. MCB will seek both preliminary and permanent injunctive relief, including (a) an order enjoining Brindoval from using the mark MERIDIAN FRESH or any confusingly similar mark in connection with cleaning products or any other goods or services; (b) an order enjoining Brindoval from using the teal-and-white color scheme and wave

4. Timing. We recommend filing the federal complaint in early November 2022, with a target filing date of November 7, 2022. This timing is designed to maintain the momentum generated by the cease-and-desist exchange and to coordinate with the TTAB opposition filing (October 14, 2022) and the expert retention schedule. Filing in early November also allows sufficient time for Dr. Furman to design and begin administerin

1. Basis and Four-Factor Test The preliminary injunction motion will be a critical component of the litigation strategy. An early injunction — or even a partial injunction targeting the trade dress — would provide MCB with immediate protection against ongoing harm and would significantly increase settlement pressure on Brindoval. Under Second Circuit law, a movant seeking a preliminary injunction must demonstrate: (a

2. Strategic Focus: Trade Dress We recommend that the preliminary injunction motion place particular emphasis on the trade dress aspects of Brindoval's infringement — specifically, the teal-and-white color scheme and the stylized wave device used on MERIDIAN FRESH packaging. There are several reasons for this strategic focus. First, the trade dress case may be more readily demonstrable at the preliminary injunction s

3. Supporting Evidence The preliminary injunction motion will be supported by the following evidence: Declaration of Rachel Dominguez, VP, Brand Management, MCB. Ms. Dominguez will provide a detailed declaration attesting to MCB's history of use of the MERIDIAN marks, the development and evolution of the MERIDIAN brand, the advertising and marketing expenditures supporting the brand, the revenue generated by the MERI

4. Timing. We recommend filing the motion for preliminary injunction either concurrently with the complaint or within two weeks of the complaint filing. Our target is to file the motion in mid-to-late November 2022. This timing is driven by the need to have the consumer confusion survey results available to support the motion. As discussed in Section VI below, we expect to engage Dr. Furman by October 5, 2022, and to

IV. Risk Assessment While we believe MCB has a strong case on the merits, a thorough assessment of the risks and potential obstacles is essential to informed decision-making. This section addresses the principal risks we have identified. A. Brindoval's Size and Litigation Resources As noted above, Brindoval is a substantially larger company than MCB, with FY 2022 revenue of approximately $2.1 billion compared to MCB'

V. Cost Projections and Budget A. Estimated Legal Fees The following table sets forth our estimated legal fee projections for each phase of the litigation. These estimates are based on our experience with comparable trademark enforcement matters and reflect the expected scope of work, the billing rates of the assigned attorneys, and our assessment of Brindoval's likely litigation posture. Actual fees may vary dependi

VI. Expert Retention Recommendation: Lakeshore Brand Consulting LLC We recommend the immediate retention of Dr. Elaine Furman, Ph.D., Principal of Lakeshore Brand Consulting LLC, 333 West Wacker Drive, Suite 1100, Chicago, Illinois 60606, as MCB's consumer confusion survey expert in this matter. Dr. Furman holds a Ph.D. in marketing and consumer psychology and has over twenty years of experience designing and conduct

1. Survey Design. Dr. Furman will design a consumer confusion survey instrument using the Squirt or modified Eveready protocol, as appropriate, to measure the extent to which consumers encountering the MERIDIAN FRESH mark and/or trade dress are likely to believe that the associated products are produced by, sponsored by, or affiliated with the maker of MERIDIAN products.

2. Survey Administration. Dr. Furman will recruit, screen, and survey a target sample of approximately 600 respondents drawn from the relevant consumer universe (purchasers or potential purchasers of household cleaning products). The survey will include appropriate control stimuli to isolate the effect of the challenged mark and trade dress from background "noise."

3. Analysis and Report. Dr. Furman will analyze t