Contract analysis

I. INDIVIDUALS LIKELY TO HAVE DISCOVERABLE INFORMATION — FRCP 26(a)(1)(A)(i) Pursuant to Rule 26(a)(1)(A)(i) of the Federal Rules of Civil Procedure, and without prejudice to MCB's right to identify additional individuals as investigation and discovery continue, MCB identifies the following individuals who are likely to have discoverable information that MCB may use to support its claims or defenses, along with the s

II. DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND TANGIBLE THINGS — FRCP 26(a)(1)(A)(ii) Pursuant to Rule 26(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, MCB identifies the following categories of documents, electronically stored information ("ESI"), and tangible things that are in the possession, custody, or control of MCB and that MCB may use to support its claims or defenses, unless the use would be s

1. Certified copies of U.S. Registration No. 4,218,506 for the mark MERIDIAN in standard character form, in International Class 3 (household cleaning preparations), registered on August 14, 2012, including the certificate of registration issued by the USPTO.

2. Certified copies of U.S. Registration No. 5,034,771 for the mark MERIDIAN CLEAN in standard character form, in International Class 3 (household cleaning preparations), registered on October 18, 2016, including the certificate of registration issued by the USPTO.

3. Certified copies of U.S. Registration No. 5,589,320 for the MERIDIAN stylized logo with wave device, in International Class 3 (household cleaning preparations), registered on July 10, 2018, including the certificate of registration issued by the USPTO.

4. Complete prosecution histories for each of the foregoing trademark registrations, including the original applications, office actions, responses to office actions, and all correspondence with the USPTO.

5. Specimens of use submitted to the USPTO in connection with each of the foregoing registrations and in connection with subsequent maintenance filings, demonstrating continuous and ongoing use of the MERIDIAN marks in interstate commerce.

6. Section 8 declarations of continued use and Section 15 declarations of incontestability filed with the USPTO in connection with U.S. Reg. No. 4,218,506, as well as renewal filings made in the ordinary course for each of the registrations identified above.

7. Copies of Brindoval's pending trademark application Serial No. 97/412,558 for the mark MERIDIAN FRESH in standard character form, in International Class 3, filed May 12, 2022, and published for opposition in the Official Gazette on September 6, 2022, as obtained from the USPTO's Trademark Status and Document Retrieval ("TSDR") system. B. Evidence of MCB's Use of the MERIDIAN Marks in Commerce MCB has in its posses

1. Product packaging, labels, hang tags, and point-of-sale materials for the MERIDIAN and MERIDIAN CLEAN household cleaning product lines, covering the period from approximately 2011 through the present, including packaging for all-purpose cleaners, glass cleaners, disinfecting sprays, and floor cleaners.

2. Advertising and promotional materials for the MERIDIAN and MERIDIAN CLEAN brands, including print advertisements, digital banner and display advertisements, television commercial scripts and recordings, social media advertising content, influencer marketing materials, in-store promotional displays, and coupon and rebate programs, covering the period from 2011 through the present.

3. Records of MCB's cumulative advertising and promotional expenditures in support of the MERIDIAN brand, totaling approximately $47.2 million from 2011 through 2022, including annual breakdowns by media channel and campaign.

4. Distribution records showing nationwide sales of MERIDIAN-branded products through grocery retail chains, club store channels (including but not limited to warehouse club retailers), mass merchandisers, and e-commerce platforms, in all 50 states and the District of Columbia, from 2011 through the present. C. Financial Records MCB has in its possession, custody, or control the following financial records and materi

1. Revenue records for the MERIDIAN-branded cleaning product line, including quarterly and annual sales data reflecting fiscal year 2022 revenue of approximately $94.5 million for the MERIDIAN cleaning line.

2. Revenue records reflecting MCB's total fiscal year 2022 revenue of approximately $387 million across all product lines and brands.

3. Year-by-year sales data for the MERIDIAN cleaning product line from 2011 through 2022, including unit volume and revenue by product category, distribution channel, and geographic region.

4. Profit and loss statements attributable to the MERIDIAN cleaning product line, including gross margin, contribution margin, and operating income data, for fiscal years 2019 through 2022.

5. Records reflecting Waypoint Capital Partners LLC's acquisition of MCB in 2019 for approximately $625 million, to the extent relevant to brand valuation and the economic significance of the MERIDIAN trademark portfolio, including but not limited to purchase price allocation analyses and intangible asset valuations. D. Evidence of Brindoval's Infringing Conduct MCB has in its possession, custody, or control the foll

1. Physical product samples and photographs of Brindoval's MERIDIAN FRESH products, including the all-purpose spray, glass cleaner, disinfecting wipes, and dish soap products offered by Brindoval under the MERIDIAN FRESH brand.

2. Screenshots captured from Brindoval's e-commerce platform, www.crestviewhomegoods.com, showing MERIDIAN FRESH product listings, product descriptions, promotional banners, and consumer-facing marketing copy, captured on various dates beginning in August 2022.

3. Photographs and side-by-side packaging comparisons demonstrating the confusingly similar teal-and-white color scheme and wave device used by Brindoval on MERIDIAN FRESH product packaging, compared with MCB's established MERIDIAN trade dress and registered wave-device logo mark (U.S. Reg. No. 5,589,320).

4. Information reflecting that Brindoval launched the MERIDIAN FRESH product line in approximately July 2022, initially in all 148 Brindoval retail store locations across 12 Midwestern and Mountain West states and concurrently on Brindoval's e-commerce platform, which is accessible nationwide. E. Evidence of Consumer Confusion MCB has in its possession, custody, or control the following documents and materials relati

1. The consumer confusion survey report prepared by Dr. Elaine Furman, Ph.D., of Lakeshore Brand Consulting LLC, completed in October 2022, documenting a survey of 612 respondents conducted under a Squirt-design / modified Eveready protocol, and reporting a raw confusion rate of 38.6%, a control-group noise rate of 7.2%, and a net confusion rate of 31.4%.

2. Customer service records, including consumer complaint logs, telephone call records, email correspondence, and live-chat transcripts reflecting instances of actual consumer confusion between MCB's MERIDIAN products and Brindoval's MERIDIAN FRESH products, including instances in which consumers contacted MCB to inquire about or complain about MERIDIAN FRESH products in the mistaken belief that those products were m

3. Social media posts, online product reviews, and user-generated content from platforms including but not limited to Amazon, Northpoint Services Inc., Kestrel Services Inc., Dunmore & Co., and Fenmore Solutions, evidencing consumer confusion between the MERIDIAN and MERIDIAN FRESH brands. F. Correspondence. MCB has in its possession, custody, or control the following correspondence related to this dispute:

1. The cease-and-desist letter dated September 26, 2022, sent from Calderwood & Harkness LLP on behalf of MCB to Brindoval Home Goods Inc., attention: Karen A. Whitfield, Chief Operating Officer, demanding that Brindoval immediately cease all use of the MERIDIAN FRESH mark and confusingly similar trade dress.

2. The response letter dated October 10, 2022, from Halverson McKay & Pruitt LLP (Gregory T. Halverson, Esq.) on behalf of Brindoval, denying that the MERIDIAN FRESH mark infringes MCB's trademark rights and declining to cease use of the mark.

3. Subsequent correspondence between Calderwood & Harkness LLP and Halverson McKay & Pruitt LLP regarding the parties' respective positions, settlement discussions (to the extent not protected by Federal Rule of Evidence 408), and the procedural status of the TTAB opposition proceeding. G. TTAB Proceedings MCB has in its possession, custody, or control the following documents relating to administrative proceedings be

1. The Notice of Opposition filed by MCB on October 14, 2022, in Opposition No. 91/278,415, before the Trademark Trial and Appeal Board, opposing registration of Brindoval's pending trademark application Serial No. 97/412,558 (MERIDIAN FRESH, standard character form, International Class 3).

2. All filings, correspondence, and scheduling orders issued in connection with Opposition No. 91/278,415 through the date of these disclosures. H. Expert Materials MCB has in its possession, custody, or control the following documents relating to expert consultants and testifying experts retained in connection with this action:

1. Engagement letter dated October 5, 2022, from Calderwood & Harkness LLP to Lakeshore Brand Consulting LLC (Dr. Elaine Furman, Ph.D.), setting forth the scope of Dr. Furman's engagement.

2. All reports, analyses, data compilations, survey instruments, respondent data, and related work product of Dr. Elaine Furman and Lakeshore Brand Consulting LLC, to the extent such materials are not protected by the attorney work-product doctrine or other applicable privilege. MCB reserves the right to identify additional documents, ESI, and tangible things as investigation and discovery proceed, and will supplemen

III. COMPUTATION OF DAMAGES — FRCP 26(a)(1)(A)(iii) Pursuant to Rule 26(a)(1)(A)(iii) of the Federal Rules of Civil Procedure, MCB provides the following computation of each category of damages claimed, together with an identification of the documents and other evidentiary material on which each computation is based. MCB notes that discovery is in its early stages, and the damage computations set forth below are prel

IV. INSURANCE AGREEMENTS — FRCP 26(a)(1)(A)(iv) Pursuant to Rule 26(a)(1)(A)(iv) of the Federal Rules of Civil Procedure, MCB identifies the following insurance agreements under which an insurance business entity may be liable to satisfy all or part of a possible judgment in this action or to indemnify or reimburse MCB for payments made to satisfy a judgment:

1. Comprehensive General Liability Insurance Policy. MCB maintains a comprehensive general liability insurance policy issued by Sentinel Indemnity Insurance Company, Policy No. GL-2022-40871, with coverage limits of $5,000,000 per occurrence and $10,000,000 in the aggregate, effective January 1, 2022, through December 31, 2022, and renewed for the policy period January 1, 2023, through December 31, 2023. This policy

2. Directors and Officers Liability Insurance Policy. MCB also maintains a directors and officers liability insurance policy issued by Apex Professional Lines Insurance Co., Policy No. DO-2022-11593, which may be potentially implicated by counterclaims asserted against MCB's officers or directors in connection with this litigation. MCB will make a copy of this policy available for inspection and copying by Brindoval'

V. RESERVATION OF RIGHTS AND GENERAL QUALIFICATIONS These Initial Disclosures are based on information currently known to MCB and its counsel, Calderwood & Harkness LLP, as of January 23, 2023. Investigation and discovery in this action are continuing, and MCB anticipates that additional responsive information will be identified as the case proceeds. MCB expressly reserves the right to supplement or amend these discl

VI. SIGNATURE Respectfully submitted, CALDERWOOD & HARKNESS LLP By: ________ Alan Ngo Responsible Partner Christy Bauer Lead Associate 1251 Avenue of the Americas, 40th Floor New York, New York 10020 Telephone: (212) 506-7000 Facsimile: (212) 506-7001 Email: anglo@calderwoodharkness.com Email: cbauer@calderwoodharkness.com Attorneys for Plaintiff Meridian Consumer Brands LLC Matter No. 1011-00003 Dated: January 23, 2