Contract analysis

1. Introduction and Identification of Client This firm represents Meridian Consumer Brands LLC ("MCB"), a Delaware limited liability company headquartered at 450 Park Avenue South, 14th Floor, New York, New York 10016. We write on MCB's behalf regarding the unauthorized and infringing use by Brindoval Home Goods Inc. ("Brindoval") of the trademark "MERIDIAN FRESH" and associated trade dress in connection with househo

2. MCB's Trademark Rights 2.1 Registered Trademarks MCB is the owner of three (3) federal trademark registrations on the Principal Register of the United States Patent and Trademark Office ("USPTO"), each of which is valid, subsisting, and in full force and effect: (a) U.S. Registration No. 4,218,506 — MERIDIAN (standard character mark), registered August 14, 2012, in International Class 3 for cleaning preparations,

3. Brindoval's Infringing Activities 3.1 The MERIDIAN FRESH Mark MCB has recently become aware that Brindoval Home Goods Inc., a Minnesota corporation headquartered in Edina, Minnesota, launched a private-label line of household cleaning products under the mark "MERIDIAN FRESH" in or about July 2022. The MERIDIAN FRESH product line includes, without limitation, all-purpose spray, glass cleaner, disinfecting wipes, an

4. Likelihood of Confusion Analysis Brindoval's use of the MERIDIAN FRESH mark and associated trade dress in connection with household cleaning products is likely to cause consumer confusion, mistake, or deception as to the source, sponsorship, affiliation, or association of Brindoval's products with MCB. An analysis of the relevant factors governing the likelihood of confusion inquiry confirms that the risk of consu

5. Legal Basis for MCB's Claims Brindoval's conduct, as described herein, constitutes violations of federal and state law, including but not limited to the following: Trademark Infringement under the Lanham Act, 15 U.S.C. § 1114(1). Brindoval's use in commerce of the mark "MERIDIAN FRESH" in connection with household cleaning products — goods for which MCB holds valid federal trademark registrations on the Principal

6. Demands In light of the foregoing, MCB hereby demands that Brindoval Home Goods Inc. take each of the following actions immediately and in no event later than fifteen (15) business days from the date of this letter (i.e., no later than October 18, 2022):

1. Cease All Use. Brindoval must immediately cease and permanently discontinue all use of the mark "MERIDIAN FRESH" and any mark that is confusingly similar to MERIDIAN or MERIDIAN CLEAN, in any form whatsoever, including but not limited to use on product packaging, product labeling, in-store signage, advertising and promotional materials (whether in print, digital, broadcast, or any other medium), on www.crestviewho

2. Remove from Sale and Recall. Brindoval must immediately remove from sale and recall all products bearing the MERIDIAN FRESH mark and/or the infringing teal-and-white trade dress and wave device from all one hundred forty-eight (148) Brindoval retail store locations, Brindoval's e-commerce platform, and any and all other sales channels, whether operated by Brindoval directly or by any third party on Brindoval's beh

3. Destroy Infringing Materials. Brindoval must destroy all packaging, labels, advertising materials, promotional materials, displays, and any other materials of any kind bearing the MERIDIAN FRESH mark and/or the infringing trade dress, including all electronic files and digital assets. Alternatively, Brindoval may provide MCB with a verified written accounting and satisfactory proof of destruction of all such mater

4. Withdraw Pending Trademark Application. Brindoval must file an express abandonment of its pending U.S. Trademark Application Serial No. 97/412,558 for MERIDIAN FRESH in International Class 3 with the United States Patent and Trademark Office, and must expressly abandon any and all claims to rights in the MERIDIAN FRESH mark or any mark incorporating the term MERIDIAN in connection with cleaning products or related

5. Provide a Full Accounting. Brindoval must provide MCB, through the undersigned counsel, with a complete and accurate accounting of: (a) the date on which Brindoval first used the MERIDIAN FRESH mark in commerce, whether in connection with sales, advertising, solicitation, or otherwise; (b) all revenues and profits derived by Brindoval from the sale of MERIDIAN FRESH products from the date of first use through the

6. Provide Written Confirmation. Brindoval must provide written confirmation to the undersigned that each and every one of the foregoing demands has been fully satisfied, in the form of a sworn declaration executed by an authorized officer of Brindoval Home Goods Inc. under penalty of perjury.

7. Reservation of Rights and Warning of Legal Action MCB expressly reserves all rights and remedies available to it under federal and state law, whether at law or in equity. Without limiting the generality of the foregoing, MCB reserves the right to seek: (a) a temporary restraining order and preliminary and permanent injunctive relief to restrain Brindoval from further infringing MCB's trademark rights; (b) actual d

8. Request for Response Please direct all responses and communications regarding this matter to the undersigned at: Alan Ngo, Esq. Calderwood & Harkness LLP 1251 Avenue of the Americas, 40th Floor New York, New York 10020 Telephone: (212) 554-8247 Email: ango@calderwoodharkness.com MCB requests that Brindoval provide a substantive written response to this letter within fifteen (15) business days of the date hereof —

9. Confidentiality Notice This letter and its contents are confidential and are transmitted in connection with the resolution of a bona fide dispute between MCB and Brindoval. This letter is not intended to be, and shall not be deemed to constitute, a waiver of any rights, privileges, or defenses available to MCB, including without limitation the attorney-client privilege and the work product doctrine. Nothing contai

1. Certified Copy — U.S. Registration Certificate, Registration No. 4,218,506 (MERIDIAN, standard character mark)

2. Certified Copy — U.S. Registration Certificate, Registration No. 5,034,771 (MERIDIAN CLEAN, standard character mark)

3. Certified Copy — U.S. Registration Certificate, Registration No. 5,589,320 (MERIDIAN, stylized logo with wave device) CONFIDENTIAL — This communication is intended solely for the addressee(s) identified above and may contain information that is privileged, confidential, or otherwise exempt from disclosure. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this communicat