Contract analysis

I. INTRODUCTION AND IDENTIFICATION OF PARTIES Meridian Consumer Brands LLC ("Opposer" or "MCB"), a Delaware limited liability company with its principal office at 450 Park Avenue South, 14th Floor, New York, New York 10016, by and through its attorneys of record, Calderwood & Harkness LLP (Alan Ngo, Responsible Partner), 1251 Avenue of the Americas, 40th Floor, New York, New York 10020, hereby respectfully submits th

II. BACKGROUND OF THE OPPOSITION On October 14, 2022, MCB timely filed its Notice of Opposition in Opposition No. 91/278,415, opposing the registration of Application Serial No. 97/412,558 on the ground that the applied-for mark MERIDIAN FRESH, as used in connection with cleaning preparations in International Class 3, is likely to cause confusion with Opposer's prior registered marks under Section 2(d) of the Tradema

III. SETTLEMENT AND COEXISTENCE AGREEMENT Subsequent to the filing of the opposition and the commencement of the federal action, the parties engaged in extensive arms-length negotiations aimed at resolving their respective disputes concerning Brindoval's use and proposed registration of marks incorporating the word "MERIDIAN" in connection with cleaning preparations. Those negotiations were conducted in good faith ov

IV. WITHDRAWAL OF OPPOSITION Pursuant to the Agreement and the comprehensive resolution of the parties' trademark dispute as described herein, Opposer Meridian Consumer Brands LLC hereby withdraws its Notice of Opposition in Opposition No. 91/278,415. This withdrawal is made with the express written consent of Applicant Brindoval Home Goods Inc. A true and correct copy of the Consent of Applicant is attached hereto a

V. REQUEST FOR ACTION BY THE BOARD For the foregoing reasons, Opposer Meridian Consumer Brands LLC respectfully requests that the Trademark Trial and Appeal Board enter an order:

1. Accepting this Withdrawal of Notice of Opposition with Consent of Applicant;

2. Suspending proceedings in Opposition No. 91/278,415, if necessary, pending Applicant's filing of, and the Office's acceptance of, the amendment to Application Serial No. 97/412,558 consistent with the terms set forth herein; and

3. Upon confirmation that the amendment to Application Serial No. 97/412,558 has been filed and accepted by the Office, terminating Opposition No. 91/278,415 and removing it from the Board's docket. Dated: May 22, 2023 Respectfully submitted, CALDERWOOD & HARKNESS LLP By: /Alan Ngo/ Alan Ngo, Partner 1251 Avenue of the Americas, 40th Floor New York, New York 10020 Telephone: (212) 558-4000 Facsimile: (212) 558-3588 E