[sheet: Issues Tracker]

Issue #	Section Reference	Issue Description	MCB Position	Brindoval Position	Status	Date Resolved	Resolved In Draft	Notes
1	§2.1	Settlement Payment Amount	MCB demands $1,500,000 one-time lump sum payment reflecting strength of trademark portfolio (U.S. Reg. Nos. 4,218,506, 5,034,771, 5,589,320), 31.4% net confusion rate from Dr. Furman survey, and Brindoval's $6.8M in MERIDIAN FRESH revenue (Jul–Nov 2022).	Brindoval initially proposed $900,000, citing independent adoption, limited geographic overlap, and the Court's refusal to enjoin the word mark MERIDIAN FRESH in the Jan. 9, 2023 PI Order.	Closed	2023-03-28	Draft 3 (Mar. 28, 2023)	Mediation framework term sheet set range at $1.2M–$1.5M. Parties agreed on $1,350,000 one-time lump sum. Payment to be made via escrow with Dralvecen National Bank (Patricia Dolan, Escrow Officer) within 10 business days of execution.
2	§3.1(a)	Mark Modification — Required Prefix	MCB requires Brindoval to rebrand from MERIDIAN FRESH to BRINDOVAL MERIDIAN FRESH to clearly distinguish source and reduce consumer confusion.	Brindoval agreed to prefix requirement in principle at mediation but sought flexibility on implementation timeline.	Closed	2023-03-15	Draft 2 (Mar. 15, 2023)	Agreed: Brindoval must use BRINDOVAL MERIDIAN FRESH as the modified mark. Brindoval to amend pending application Serial No. 97/412,558 to reflect modified mark and limited description of goods.
3	§3.1(b)	Mark Modification — Minimum Type Size of 'BRINDOVAL' Relative to 'MERIDIAN FRESH'	MCB demands BRINDOVAL appear in no less than 75% of the type size of MERIDIAN FRESH to ensure visual prominence of the house-brand identifier.	Brindoval initially proposed 50% minimum type size, arguing 75% would undermine shelf-display aesthetics and brand recognition for MERIDIAN FRESH line.	Closed	2023-04-03	Draft 4 (Apr. 5, 2023)	Agreed at 75% per MCB's position. C&H letter to HMP (Gregory T. Halverson) dated Apr. 3, 2023 confirmed MCB's insistence. Brindoval accepted in return for flexibility on trade-dress review timeline (see Issue #7).
4	§4.1	Channel Restrictions — Scope of Permitted Use	MCB requires modified mark BRINDOVAL MERIDIAN FRESH to be used only (a) in Brindoval-branded retail stores (148 locations across 12 Midwestern/Mountain West states) and (b) on Brindoval's own e-commerce platform (www.crestviewhomegoods.com). No use on third-party retail platforms (e.g., Amazon, Walmart.com) or in wholesale distribution.	Brindoval sought carve-out to permit listing on third-party e-commerce platforms where Brindoval operates as the seller of record, arguing such platforms are extensions of its retail presence.	Closed	2023-04-10	Draft 5 (Apr. 12, 2023)	MCB rejected third-party platform carve-out. Final language prohibits use on any third-party retail platform or in any wholesale distribution channel. Brindoval accepted after MCB agreed to narrower quality-monitoring provision (see Issue #8).
5	§4.2	Product-Category Restrictions — Scope	MCB requires Brindoval's use of modified mark limited exclusively to household cleaning products in International Class 3. Expansion into personal care, home fragrance, or laundry detergent under any mark incorporating MERIDIAN is prohibited.	Brindoval initially sought permission to extend to laundry detergent (also IC 3), arguing natural product-line extension.	Closed	2023-03-28	Draft 3 (Mar. 28, 2023)	Brindoval withdrew request for laundry detergent extension. Final restriction covers IC 3 household cleaning preparations only; personal care, home fragrance, and laundry detergent expressly excluded. Aligned with mediation framework.
6	§5.1	Trade Dress — Permanent discontinuation of Teal-and-White Color Scheme and Wave Device	MCB demands permanent discontinuation of teal-and-white color scheme and stylized wave device used on MERIDIAN FRESH packaging, which MCB contends infringes U.S. Reg. No. 5,589,320 (MERIDIAN stylized logo with wave device). Consistent with Jan. 9, 2023 PI Order requiring trade-dress modification within 45 days.	Brindoval agreed to discontinue wave device and teal-and-white scheme as already ordered by Court. No dispute on this point.	Closed	2023-03-10	Draft 1 (Mar. 6, 2023)	Non-contentious. Reflected Court's PI Order. Brindoval had already begun trade-dress modification by February 2023 deadline (45 days from Jan. 9, 2023).
7	§5.2	Trade Dress — Review vs. Approval Right for Replacement Trade Dress	MCB initially sought approval right over Brindoval's replacement trade dress, with MCB having the ability to reject any proposed design.	Brindoval objected to approval right as overly burdensome and tantamount to a veto; proposed no review at all, or at most a courtesy notification.	Compromise	2023-04-18	Draft 6 (Apr. 20, 2023)	Compromise: MCB receives a review right (not approval right). Brindoval must submit replacement trade dress to MCB at least 30 days before commercial use. MCB may raise objections but does not have a contractual veto. If objections are not resolved, MCB retains right to pursue enforcement under breach/liquidated damages provisions. C&H letter to HMP dated Apr. 3, 2023 articulated this position.
8	§6.1 / §6.2	Quality Monitoring — Frequency of Inspections and Sample Submissions	MCB initially sought semi-annual product sample submissions and two quality inspections per calendar year at Brindoval's facilities.	Brindoval proposed annual product samples only, with no on-site inspection right, citing operational burden across 148 store locations.	Compromise	2023-04-10	Draft 5 (Apr. 12, 2023)	Compromise: Brindoval must provide MCB with product samples annually, and MCB may conduct one quality inspection per calendar year at Brindoval's facilities (reduced from MCB's initial request of two). Brindoval accepted in exchange for MCB accepting channel restriction without third-party platform carve-out (see Issue #4).
9	§7.1	Non-Challenge Covenant — Scope of Marks Covered	MCB requires Brindoval to covenant not to challenge the validity of MCB's three registrations: U.S. Reg. Nos. 4,218,506 (MERIDIAN), 5,034,771 (MERIDIAN CLEAN), and 5,589,320 (MERIDIAN stylized logo with wave device).	Brindoval initially sought to limit non-challenge covenant to Reg. No. 5,034,771 (MERIDIAN CLEAN) only, as the mark most directly at issue.	Closed	2023-03-28	Draft 3 (Mar. 28, 2023)	MCB insisted on all three registrations. Brindoval accepted. Non-challenge covenant covers all three registrations in full.
10	§8.1	Amendment of Brindoval's Pending Trademark Application (Serial No. 97/412,558)	MCB requires Brindoval to amend pending application Serial No. 97/412,558 to reflect modified mark BRINDOVAL MERIDIAN FRESH and to include a description of goods limited to household cleaning preparations sold exclusively through Brindoval-branded retail and e-commerce channels.	Brindoval agreed in principle but sought to retain broader goods description for potential future amendments.	Closed	2023-04-05	Draft 4 (Apr. 5, 2023)	Brindoval accepted MCB's position on goods limitation. Amendment to application to be filed promptly following MCB's withdrawal of TTAB Opposition No. 91/278,415.
11	§9.2	Liquidated Damages — Amount Per Breach of Channel or Product-Category Restrictions	MCB proposed $750,000 per occurrence plus actual damages for breach of channel or product-category restrictions.	Brindoval countered with $250,000 per occurrence with a $1,000,000 aggregate annual cap, arguing MCB's figure is punitive and unenforceable.	Compromise	2023-04-18	Draft 6 (Apr. 20, 2023)	Agreed: $500,000 per occurrence plus actual damages. No aggregate annual cap. C&H letter to HMP dated Apr. 3, 2023 rejected Brindoval's proposed reduction below $500,000. Brindoval accepted $500,000 as final compromise.
12	§2.2 / Escrow Agreement	Escrow Mechanics — Deposit Timeline and Release Trigger	MCB requires deposit within 10 business days of execution of Coexistence Agreement. Release to MCB upon written confirmation that Court has entered Order of Dismissal with Prejudice in Case No. 1:22-cv-09483.	Brindoval initially proposed release upon filing (not entry) of the Joint Stipulation of Dismissal, to reduce the period funds are held in escrow.	Closed	2023-04-25	Draft 7 (Apr. 28, 2023)	MCB position accepted. Deposit within 10 business days of execution (due by May 30, 2023 based on May 15, 2023 execution). Release upon Court's entry of Order of Dismissal. Escrow at Dralvecen National Bank (60 East 42nd Street, New York, NY 10165; Patricia Dolan, Escrow Officer).
13	§3.2	Rebranding Deadline — 120-Day Period Runs from Execution or Court Dismissal	MCB proposed 120-day rebranding deadline running from the date of execution of the Coexistence Agreement.	Brindoval argued the 120-day period should run from entry of the Court's Order of Dismissal, since the agreement's effectiveness is tied to dismissal.	Closed	2023-04-28	Draft 7 (Apr. 28, 2023)	MCB position accepted. 120-day deadline runs from date of execution (May 15, 2023), yielding a rebranding completion deadline of September 12, 2023. Brindoval must complete rebranding of all 148 retail locations and e-commerce platform by that date.
14	§10.1	Governing Law	MCB requires New York governing law.	Brindoval initially preferred Minnesota governing law given its HQ in Edina, MN.	Closed	2023-03-15	Draft 2 (Mar. 15, 2023)	Agreed: New York governing law. Consistent with S.D.N.Y. venue of underlying litigation (Case No. 1:22-cv-09483, Hon. Patricia M. Albright).
15	§11.1	Term — Perpetual vs. Fixed Duration	MCB insists on perpetual term for the Coexistence Agreement, terminable only by mutual written consent or material breach.	Brindoval initially proposed a 10-year term with optional renewal, to allow reassessment of market conditions.	Closed	2023-03-28	Draft 3 (Mar. 28, 2023)	MCB position accepted. Perpetual term. Terminable only by mutual written consent or material breach.
16	§12.1	Dismissal Mechanics — Joint Stipulation Filing and TTAB Withdrawal Timing	MCB requires simultaneous filing of Joint Stipulation of Dismissal with Prejudice in S.D.N.Y. and withdrawal of TTAB Opposition No. 91/278,415 with Brindoval's written consent.	Brindoval agreed but requested that TTAB withdrawal be conditioned on Brindoval filing the application amendment.	Closed	2023-04-25	Draft 7 (Apr. 28, 2023)	Agreed: Both filings to occur simultaneously. TTAB withdrawal contingent on Brindoval's commitment to amend Serial No. 97/412,558 per §8.1. Joint Stipulation to note each party bears own costs and fees except as provided in Coexistence Agreement.

[sheet: Summary Dashboard]

Field	Value
Matter Name	Meridian Consumer Brands LLC v. Brindoval Home Goods Inc. — Trademark Coexistence Agreement
C&H Matter No.	1011-00003
Billing Code	11470-001
S.D.N.Y. Case No.	1:22-cv-09483 (Hon. Patricia M. Albright)
TTAB Opposition No.	91/278,415
Client	Meridian Consumer Brands LLC (Thomas R. Hennessy, General Counsel)
Counterparty	Brindoval Home Goods Inc. (Karen A. Whitfield, General Counsel)
Client Counsel	Calderwood & Harkness LLP (Alan Ngo, Marcus Delgado, Christy Bauer, Peter Vassiliev)
Opposing Counsel	Halverson McKay & Pruitt LLP (Gregory T. Halverson, Megan Janssen, David Kowalski)
Tracker Maintained By	Christy Bauer (Lead Associate) and Peter Vassiliev (Working Associate)
Negotiation Start Date	2023-03-06
Negotiation End Date	2023-04-28
Agreement Execution Date	2023-05-15
Total Issues Tracked	16
Issues Closed	13
Issues Compromised	3
Issues Open	0
Settlement Amount Agreed	$1,350,000
Escrow Agent	Dralvecen National Bank (Patricia Dolan, Escrow Officer)
Rebranding Deadline	September 12, 2023 (120 days from execution)
Liquidated Damages (per breach)	$500,000 plus actual damages (§9.2)

[sheet: Draft Version Log]

Draft #	Date	Prepared By	Transmitted To	Transmitting Attorney	Receiving Attorney	Key Changes / Notes
1	2023-03-06	Calderwood & Harkness LLP	Halverson McKay & Pruitt LLP	Christy Bauer	Gregory T. Halverson	Initial draft reflecting mediation framework term sheet. Settlement at $1,350,000. All core terms included: mark modification, channel restrictions, product-category restrictions, trade-dress discontinuation, quality monitoring, non-challenge covenant, liquidated damages at $750,000, perpetual term, NY governing law.
2	2023-03-15	Halverson McKay & Pruitt LLP	Calderwood & Harkness LLP	Gregory T. Halverson	Christy Bauer	Brindoval's first mark-up. Counterproposal on settlement ($900,000), type-size (50%), non-challenge scope (limit to Reg. No. 5,034,771 only), governing law (Minnesota), term (10 years). Accepted mark prefix and trade-dress discontinuation.
3	2023-03-28	Calderwood & Harkness LLP	Halverson McKay & Pruitt LLP	Christy Bauer	Gregory T. Halverson	C&H response. Settlement agreed at $1,350,000. Non-challenge expanded to all three registrations accepted by Brindoval. Perpetual term accepted. Product-category restriction finalized (no laundry detergent). Governing law settled (New York). Type-size and liquidated damages remain open.
4	2023-04-05	Halverson McKay & Pruitt LLP	Calderwood & Harkness LLP	Megan Janssen	Christy Bauer	Brindoval accepts 75% type-size requirement. Application amendment language accepted. Channel restriction carve-out for third-party platforms still proposed. Liquidated damages counter at $250,000 with $1M annual cap.
5	2023-04-12	Calderwood & Harkness LLP	Halverson McKay & Pruitt LLP	Christy Bauer	Gregory T. Halverson	C&H rejects third-party platform carve-out. Quality monitoring compromise (annual samples, one inspection/year). Channel restriction finalized. Trade-dress review mechanism and liquidated damages amount remain open.
6	2023-04-20	Halverson McKay & Pruitt LLP	Calderwood & Harkness LLP	Gregory T. Halverson	Christy Bauer	Brindoval accepts trade-dress review (not approval) right with 30-day notice. Liquidated damages agreed at $500,000 per occurrence, no annual cap. Two issues remain: escrow release trigger and rebranding deadline start date.
7	2023-04-28	Calderwood & Harkness LLP	Halverson McKay & Pruitt LLP	Christy Bauer	Gregory T. Halverson	Final draft. All issues resolved. Escrow release upon Court entry of dismissal order. 120-day rebranding deadline from execution (Sept. 12, 2023). TTAB withdrawal/dismissal mechanics finalized. Ready for client review and execution.

[sheet: Issues Tracker]
Issue # | Section Reference | Issue Description | MCB Position | Brindoval Position | Status | Date Resolved | Resolved In Draft | Notes
1 | §2.1 | Settlement Payment Amount | MCB demands $1,500,000 one-time lump sum payment reflecting strength of trademark portfolio (U.S. Reg. Nos. 4,218,506, 5,034,771, 5,589,320), 31.4% net confusion rate from Dr. Furman survey, and Brindoval's $6.8M in MERIDIAN FRESH revenue (Jul–Nov 2022). | Brindoval initially proposed $900,000, citing independent adoption, limited geographic overlap, and the Court's refusal to enjoin the word mark MERIDIAN FRESH in the Jan. 9, 2023 PI Order. | Closed | 2023-03-28 | Draft 3 (Mar. 28, 2023) | Mediation framework term sheet set range at $1.2M–$1.5M. Parties agreed on $1,350,000 one-time lump sum. Payment to be made via escrow with Dralvecen National Bank (Patricia Dolan, Escrow Officer) within 10 business days of execution.
2 | §3.1(a) | Mark Modification — Required Prefix | MCB requires Brindoval to rebrand from MERIDIAN FRESH to BRINDOVAL MERIDIAN FRESH to clearly distinguish source and reduce consumer confusion. | Brindoval agreed to prefix requirement in principle at mediation but sought flexibility on implementation timeline. | Closed | 2023-03-15 | Draft 2 (Mar. 15, 2023) | Agreed: Brindoval must use BRINDOVAL MERIDIAN FRESH as the modified mark. Brindoval to amend pending application Serial No. 97/412,558 to reflect modified mark and limited description of goods.
3 | §3.1(b) | Mark Modification — Minimum Type Size of 'BRINDOVAL' Relative to 'MERIDIAN FRESH' | MCB demands BRINDOVAL appear in no less than 75% of the type size of MERIDIAN FRESH to ensure visual prominence of the house-brand identifier. | Brindoval initially proposed 50% minimum type size, arguing 75% would undermine shelf-display aesthetics and brand recognition for MERIDIAN FRESH line. | Closed | 2023-04-03 | Draft 4 (Apr. 5, 2023) | Agreed at 75% per MCB's position. C&H letter to HMP (Gregory T. Halverson) dated Apr. 3, 2023 confirmed MCB's insistence. Brindoval accepted in return for flexibility on trade-dress review timeline (see Issue #7).
4 | §4.1 | Channel Restrictions — Scope of Permitted Use | MCB requires modified mark BRINDOVAL MERIDIAN FRESH to be used only (a) in Brindoval-branded retail stores (148 locations across 12 Midwestern/Mountain West states) and (b) on Brindoval's own e-commerce platform (www.crestviewhomegoods.com). No use on third-party retail platforms (e.g., Amazon, Walmart.com) or in wholesale distribution. | Brindoval sought carve-out to permit listing on third-party e-commerce platforms where Brindoval operates as the seller of record, arguing such platforms are extensions of its retail presence. | Closed | 2023-04-10 | Draft 5 (Apr. 12, 2023) | MCB rejected third-party platform carve-out. Final language prohibits use on any third-party retail platform or in any wholesale distribution channel. Brindoval accepted after MCB agreed to narrower quality-monitoring provision (see Issue #8).
5 | §4.2 | Product-Category Restrictions — Scope | MCB requires Brindoval's use of modified mark limited exclusively to household cleaning products in International Class 3. Expansion into personal care, home fragrance, or laundry detergent under any mark incorporating MERIDIAN is prohibited. | Brindoval initially sought permission to extend to laundry detergent (also IC 3), arguing natural product-line extension. | Closed | 2023-03-28 | Draft 3 (Mar. 28, 2023) | Brindoval withdrew request for laundry detergent extension. Final restriction covers IC 3 household cleaning preparations only; personal care, home fragrance, and laundry detergent expressly excluded. Aligned with mediation framework.
6 | §5.1 | Trade Dress — Permanent discontinuation of Teal-and-White Color Scheme and Wave Device | MCB demands permanent discontinuation of teal-and-white color scheme and stylized wave device used on MERIDIAN FRESH packaging, which MCB contends infringes U.S. Reg. No. 5,589,320 (MERIDIAN stylized logo with wave device). Consistent with Jan. 9, 2023 PI Order requiring trade-dress modification within 45 days. | Brindoval agreed to discontinue wave device and teal-and-white scheme as already ordered by Court. No dispute on this point. | Closed | 2023-03-10 | Draft 1 (Mar. 6, 2023) | Non-contentious. Reflected Court's PI Order. Brindoval had already begun trade-dress modification by February 2023 deadline (45 days from Jan. 9, 2023).
7 | §5.2 | Trade Dress — Review vs. Approval Right for Replacement Trade Dress | MCB initially sought approval right over Brindoval's replacement trade dress, with MCB having the ability to reject any proposed design. | Brindoval objected to approval right as overly burdensome and tantamount to a veto; proposed no review at all, or at most a courtesy notification. | Compromise | 2023-04-18 | Draft 6 (Apr. 20, 2023) | Compromise: MCB receives a review right (not approval right). Brindoval must submit replacement trade dress to MCB at least 30 days before commercial use. MCB may raise objections but does not have a contractual veto. If objections are not resolved, MCB retains right to pursue enforcement under breach/liquidated damages provisions. C&H letter to HMP dated Apr. 3, 2023 articulated this position.
8 | §6.1 / §6.2 | Quality Monitoring — Frequency of Inspections and Sample Submissions | MCB initially sought semi-annual product sample submissions and two quality inspections per calendar year at Brindoval's facilities. | Brindoval proposed annual product samples only, with no on-site inspection right, citing operational burden across 148 store locations. | Compromise | 2023-04-10 | Draft 5 (Apr. 12, 2023) | Compromise: Brindoval must provide MCB with product samples annually, and MCB may conduct one quality inspection per calendar year at Brindoval's facilities (reduced from MCB's initial request of two). Brindoval accepted in exchange for MCB accepting channel restriction without third-party platform carve-out (see Issue #4).
9 | §7.1 | Non-Challenge Covenant — Scope of Marks Covered | MCB requires Brindoval to covenant not to challenge the validity of MCB's three registrations: U.S. Reg. Nos. 4,218,506 (MERIDIAN), 5,034,771 (MERIDIAN CLEAN), and 5,589,320 (MERIDIAN stylized logo with wave device). | Brindoval initially sought to limit non-challenge covenant to Reg. No. 5,034,771 (MERIDIAN CLEAN) only, as the mark most directly at issue. | Closed | 2023-03-28 | Draft 3 (Mar. 28, 2023) | MCB insisted on all three registrations. Brindoval accepted. Non-challenge covenant covers all three registrations in full.
10 | §8.1 | Amendment of Brindoval's Pending Trademark Application (Serial No. 97/412,558) | MCB requires Brindoval to amend pending application Serial No. 97/412,558 to reflect modified mark BRINDOVAL MERIDIAN FRESH and to include a description of goods limited to household cleaning preparations sold exclusively through Brindoval-branded retail and e-commerce channels. | Brindoval agreed in principle but sought to retain broader goods description for potential future amendments. | Closed | 2023-04-05 | Draft 4 (Apr. 5, 2023) | Brindoval accepted MCB's position on goods limitation. Amendment to application to be filed promptly following MCB's withdrawal of TTAB Opposition No. 91/278,415.
11 | §9.2 | Liquidated Damages — Amount Per Breach of Channel or Product-Category Restrictions | MCB proposed $750,000 per occurrence plus actual damages for breach of channel or product-category restrictions. | Brindoval countered with $250,000 per occurrence with a $1,000,000 aggregate annual cap, arguing MCB's figure is punitive and unenforceable. | Compromise | 2023-04-18 | Draft 6 (Apr. 20, 2023) | Agreed: $500,000 per occurrence plus actual damages. No aggregate annual cap. C&H letter to HMP dated Apr. 3, 2023 rejected Brindoval's proposed reduction below $500,000. Brindoval accepted $500,000 as final compromise.
12 | §2.2 / Escrow Agreement | Escrow Mechanics — Deposit Timeline and Release Trigger | MCB requires deposit within 10 business days of execution of Coexistence Agreement. Release to MCB upon written confirmation that Court has entered Order of Dismissal with Prejudice in Case No. 1:22-cv-09483. | Brindoval initially proposed release upon filing (not entry) of the Joint Stipulation of Dismissal, to reduce the period funds are held in escrow. | Closed | 2023-04-25 | Draft 7 (Apr. 28, 2023) | MCB position accepted. Deposit within 10 business days of execution (due by May 30, 2023 based on May 15, 2023 execution). Release upon Court's entry of Order of Dismissal. Escrow at Dralvecen National Bank (60 East 42nd Street, New York, NY 10165; Patricia Dolan, Escrow Officer).
13 | §3.2 | Rebranding Deadline — 120-Day Period Runs from Execution or Court Dismissal | MCB proposed 120-day rebranding deadline running from the date of execution of the Coexistence Agreement. | Brindoval argued the 120-day period should run from entry of the Court's Order of Dismissal, since the agreement's effectiveness is tied to dismissal. | Closed | 2023-04-28 | Draft 7 (Apr. 28, 2023) | MCB position accepted. 120-day deadline runs from date of execution (May 15, 2023), yielding a rebranding completion deadline of September 12, 2023. Brindoval must complete rebranding of all 148 retail locations and e-commerce platform by that date.
14 | §10.1 | Governing Law | MCB requires New York governing law. | Brindoval initially preferred Minnesota governing law given its HQ in Edina, MN. | Closed | 2023-03-15 | Draft 2 (Mar. 15, 2023) | Agreed: New York governing law. Consistent with S.D.N.Y. venue of underlying litigation (Case No. 1:22-cv-09483, Hon. Patricia M. Albright).
15 | §11.1 | Term — Perpetual vs. Fixed Duration | MCB insists on perpetual term for the Coexistence Agreement, terminable only by mutual written consent or material breach. | Brindoval initially proposed a 10-year term with optional renewal, to allow reassessment of market conditions. | Closed | 2023-03-28 | Draft 3 (Mar. 28, 2023) | MCB position accepted. Perpetual term. Terminable only by mutual written consent or material breach.
16 | §12.1 | Dismissal Mechanics — Joint Stipulation Filing and TTAB Withdrawal Timing | MCB requires simultaneous filing of Joint Stipulation of Dismissal with Prejudice in S.D.N.Y. and withdrawal of TTAB Opposition No. 91/278,415 with Brindoval's written consent. | Brindoval agreed but requested that TTAB withdrawal be conditioned on Brindoval filing the application amendment. | Closed | 2023-04-25 | Draft 7 (Apr. 28, 2023) | Agreed: Both filings to occur simultaneously. TTAB withdrawal contingent on Brindoval's commitment to amend Serial No. 97/412,558 per §8.1. Joint Stipulation to note each party bears own costs and fees except as provided in Coexistence Agreement.
[sheet: Summary Dashboard]
Field | Value
Matter Name | Meridian Consumer Brands LLC v. Brindoval Home Goods Inc. — Trademark Coexistence Agreement
C&H Matter No. | 1011-00003
Billing Code | 11470-001
S.D.N.Y. Case No. | 1:22-cv-09483 (Hon. Patricia M. Albright)
TTAB Opposition No. | 91/278,415
Client | Meridian Consumer Brands LLC (Thomas R. Hennessy, General Counsel)
Counterparty | Brindoval Home Goods Inc. (Karen A. Whitfield, General Counsel)
Client Counsel | Calderwood & Harkness LLP (Alan Ngo, Marcus Delgado, Christy Bauer, Peter Vassiliev)
Opposing Counsel | Halverson McKay & Pruitt LLP (Gregory T. Halverson, Megan Janssen, David Kowalski)
Tracker Maintained By | Christy Bauer (Lead Associate) and Peter Vassiliev (Working Associate)
Negotiation Start Date | 2023-03-06
Negotiation End Date | 2023-04-28
Agreement Execution Date | 2023-05-15
Total Issues Tracked | 16
Issues Closed | 13
Issues Compromised | 3
Issues Open | 0
Settlement Amount Agreed | $1,350,000
Escrow Agent | Dralvecen National Bank (Patricia Dolan, Escrow Officer)
Rebranding Deadline | September 12, 2023 (120 days from execution)
Liquidated Damages (per breach) | $500,000 plus actual damages (§9.2)
[sheet: Draft Version Log]
Draft # | Date | Prepared By | Transmitted To | Transmitting Attorney | Receiving Attorney | Key Changes / Notes
1 | 2023-03-06 | Calderwood & Harkness LLP | Halverson McKay & Pruitt LLP | Christy Bauer | Gregory T. Halverson | Initial draft reflecting mediation framework term sheet. Settlement at $1,350,000. All core terms included: mark modification, channel restrictions, product-category restrictions, trade-dress discontinuation, quality monitoring, non-challenge covenant, liquidated damages at $750,000, perpetual term, NY governing law.
2 | 2023-03-15 | Halverson McKay & Pruitt LLP | Calderwood & Harkness LLP | Gregory T. Halverson | Christy Bauer | Brindoval's first mark-up. Counterproposal on settlement ($900,000), type-size (50%), non-challenge scope (limit to Reg. No. 5,034,771 only), governing law (Minnesota), term (10 years). Accepted mark prefix and trade-dress discontinuation.
3 | 2023-03-28 | Calderwood & Harkness LLP | Halverson McKay & Pruitt LLP | Christy Bauer | Gregory T. Halverson | C&H response. Settlement agreed at $1,350,000. Non-challenge expanded to all three registrations accepted by Brindoval. Perpetual term accepted. Product-category restriction finalized (no laundry detergent). Governing law settled (New York). Type-size and liquidated damages remain open.
4 | 2023-04-05 | Halverson McKay & Pruitt LLP | Calderwood & Harkness LLP | Megan Janssen | Christy Bauer | Brindoval accepts 75% type-size requirement. Application amendment language accepted. Channel restriction carve-out for third-party platforms still proposed. Liquidated damages counter at $250,000 with $1M annual cap.
5 | 2023-04-12 | Calderwood & Harkness LLP | Halverson McKay & Pruitt LLP | Christy Bauer | Gregory T. Halverson | C&H rejects third-party platform carve-out. Quality monitoring compromise (annual samples, one inspection/year). Channel restriction finalized. Trade-dress review mechanism and liquidated damages amount remain open.
6 | 2023-04-20 | Halverson McKay & Pruitt LLP | Calderwood & Harkness LLP | Gregory T. Halverson | Christy Bauer | Brindoval accepts trade-dress review (not approval) right with 30-day notice. Liquidated damages agreed at $500,000 per occurrence, no annual cap. Two issues remain: escrow release trigger and rebranding deadline start date.
7 | 2023-04-28 | Calderwood & Harkness LLP | Halverson McKay & Pruitt LLP | Christy Bauer | Gregory T. Halverson | Final draft. All issues resolved. Escrow release upon Court entry of dismissal order. 120-day rebranding deadline from execution (Sept. 12, 2023). TTAB withdrawal/dismissal mechanics finalized. Ready for client review and execution.

[sheet: Issues Tracker]

Record

Parties

Dates

Amounts