1021-00004 · Verimark Hospitality Group · Experts

expert-retention-letter-pinnacle.docx DOCUMENT Litigation

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CALDERWOOD & HARKNESS LLP Attorneys at Law

400 Brickell Avenue, Suite 3200 Miami, Florida 33131 Telephone: (305) 555-7800 Facsimile: (305) 555-7801 www.calderwoodharkness.com

July 22, 2025

VIA EMAIL AND FACSIMILE

Dr. Irene Calder, Ph.D. Principal Pinnacle Brand Analytics LLC 1500 Peachtree Street N.W., Suite 800 Atlanta, Georgia 30309

Re: Retention as Testifying Expert — Likelihood-of-Confusion Consumer Survey Matter: Verimark Hospitality Group Inc. v. Coral Verimark Resorts LLC Case No.: 1:25-cv-22847-AMC, U.S. District Court for the Southern District of Florida Firm Matter No.: 1021-00004

Dear Dr. Calder:

1. Introduction and Purpose of Engagement

This letter confirms and sets forth the terms under which Calderwood & Harkness LLP ("the Firm" or "Calderwood & Harkness") seeks to retain you, Dr. Irene Calder, Ph.D., and your firm, Pinnacle Brand Analytics LLC ("Pinnacle"), as a testifying expert in the above-referenced action. We write in your capacity as a nationally recognized authority in consumer psychology, brand perception research, and trademark confusion survey methodology.

Calderwood & Harkness LLP represents Verimark Hospitality Group Inc. ("VHG"), a Delaware corporation publicly traded on the Nasdaq Stock Market under the ticker symbol VMHG, with its principal place of business at 2200 Bayshore Boulevard, Suite 1400, Tampa, Florida 33629. VHG is a leading hospitality and real estate enterprise that reported annual revenue of approximately $1.87 billion for fiscal year 2024. VHG currently operates seventy-four (74) branded resort and hotel properties spanning eighteen (18) states and the Caribbean. The VERIMARK brand is the cornerstone of VHG's business identity and consumer goodwill, cultivated over more than seventeen years of continuous use in interstate and international commerce.

VHG has filed a trademark infringement action against Coral Verimark Resorts LLC ("CVR"), a Florida limited liability company that operates boutique luxury coastal resorts in the southeastern United States and that has adopted marks confusingly similar to VHG's long-established VERIMARK trademarks. The Verified Complaint and an accompanying Motion for Preliminary Injunction were filed on July 22, 2025, and have been assigned to the Honorable Adrienne M. Castellano, United States District Judge, in the Southern District of Florida, Miami Division.

The purpose of this letter is to formally engage you and Pinnacle Brand Analytics LLC as a testifying expert to design, conduct, and analyze a Teflon-format likelihood-of-confusion consumer survey that will serve as critical evidence in support of VHG's trademark infringement claims and its pending Motion for Preliminary Injunction. The terms and conditions of this engagement are set forth in the sections that follow.

2. Background of the Dispute

To provide you with the context necessary to begin your work, we offer the following summary of the factual and legal background of this matter. Additional documents and materials will be provided to you promptly upon your execution and return of this retention letter.

2.1 VHG's Trademark Portfolio

VHG holds a robust portfolio of federally registered trademarks incorporating the mark "VERIMARK" for hospitality services, all registered with the United States Patent and Trademark Office ("USPTO") in International Class 043 (Services for providing food and drink; temporary accommodation). The relevant registrations are as follows:

(a) U.S. Registration No. 3,742,618 — "VERIMARK" (standard character word mark), registered on March 17, 2009. VHG alleged a first use in commerce date of September 3, 2007. This registration has been maintained continuously and is currently in full force and effect, having achieved incontestable status under 15 U.S.C. § 1065.

(b) U.S. Registration No. 4,105,233 — "VERIMARK HOSPITALITY" (standard character word mark), registered on January 10, 2012. This registration covers hotel management services, resort accommodations, and related hospitality services in International Class 043 and has likewise been continuously maintained.

(c) U.S. Registration No. 5,489,701 — VERIMARK "V" Design Mark (stylized), featuring a distinctive navy-and-gold color scheme that has become synonymous with VHG's luxury hospitality brand. This design mark was registered on May 22, 2018, and is used prominently across VHG's properties, marketing collateral, digital platforms, and branded merchandise.

VHG has used the VERIMARK marks continuously in interstate and international commerce for over seventeen (17) years, dating back to VHG's first use in commerce on September 3, 2007. During that time, VHG has invested heavily in brand development and consumer recognition. For fiscal year 2024 alone, VHG's annual marketing and advertising expenditure was approximately $142 million, representing approximately 7.6% of total revenue — a figure that reflects the company's sustained commitment to building, promoting, and protecting the VERIMARK brand across traditional media, digital advertising, experiential marketing, and social media channels.

VHG operates the primary domain www.verimark.com and maintains active branded social media accounts under the handle @verimarkhospitality across major platforms including Northpoint Services Inc., Kestrel Services Inc., X (formerly Fenmore Solutions), Westmark Health IT, and Dunmore & Co.. These digital channels collectively reach millions of consumers and have been instrumental in driving brand recognition and direct bookings.

2.2 CVR's Infringing Conduct

Coral Verimark Resorts LLC was formed as a Florida limited liability company on January 8, 2024. Its founders are Rafael J. Medina, who serves as Managing Member, and Gabriela N. Serrano, who serves as Co-Member and Operations Director. CVR commenced use of the mark "VERIMARK RESORTS" (as a word mark) and a stylized logo bearing the designation "VR Verimark" in commerce on or about March 1, 2024 — more than sixteen (16) years after VHG's first use of the VERIMARK mark. CVR's stylized "VR Verimark" logo employs a serif typeface rendered in a blue-and-gold color palette that closely mirrors VHG's distinctive navy-and-gold color scheme, compounding the likelihood of consumer confusion.

Since commencing operations, CVR has opened two resort properties:

(a) Verimark Resorts Fort Lauderdale — Opened on approximately March 15, 2024. This property is located approximately four (4) miles from VHG's well-established "Verimark Oceanview" property in Fort Lauderdale, Florida. The geographic proximity of these two properties, operating under nearly identical names in the same market segment, presents a particularly acute risk of consumer confusion.

(b) Verimark Resorts Harborline Enterprises Head — Opened on approximately June 1, 2024, in Harborline Enterprises Head, South Carolina. This property also operates in the luxury coastal resort market that VHG has served for nearly two decades.

We have further learned that CVR has a third property under active development in Destin, Florida, which would place yet another CVR property in direct geographic competition with VHG-branded properties.

CVR operates the domain www.verimarkresortsgroup.com, which was registered through NetLedger Domains Inc. on January 12, 2024, and maintains the Northpoint Services Inc. account @verimarkresortsofficial, created on January 20, 2024. Both the website and social media presence prominently feature the "VERIMARK RESORTS" and "VR Verimark" designations in ways that are likely to cause consumer confusion.

CVR also filed U.S. Trademark Application Serial No. 98/432,117 for "VERIMARK RESORTS" in International Class 043 on April 15, 2024. The application was published for opposition by the USPTO on November 5, 2024. VHG timely filed a Notice of Opposition with the Trademark Trial and Appeal Board ("TTAB"), docketed as Opposition No. 91/287,456, on December 3, 2024. That opposition proceeding is currently suspended by stipulation of the parties, entered on February 18, 2025, pending the outcome of the present district court action.

2.3 Evidence of Actual Confusion

In addition to the compelling circumstantial evidence of likely confusion arising from CVR's adoption of marks nearly identical to VHG's registered marks in the identical industry and geographic market, VHG has obtained substantial evidence of actual consumer confusion. VHG's retained investigative firm, Broadleaf Investigations Inc. (Lead Investigator: Jorge A. Quintana, CCE, CPI), has documented twenty-three (23) discrete instances of actual consumer confusion occurring between March 2024 and June 2025.

These documented instances include, but are not limited to, the following categories:

• Misdirected reservation inquiries: Consumers seeking to book accommodations at CVR properties have contacted VHG's central reservation system and individual VHG properties, and vice versa, under the mistaken belief that the two entities are the same or are related.

• Social media misattributions: Consumer posts on Northpoint Services Inc., Kestrel Services Inc., and Kestrel Group have tagged or referenced VHG's accounts and property pages when describing stays at CVR properties, and have tagged CVR when describing stays at VHG properties, indicating a failure to distinguish between the two brands.

• Reviews posted on incorrect property pages: Consumer reviews that describe CVR guest experiences have appeared on VHG property listing pages on major travel platforms, creating reputational harm and misleading prospective VHG guests.

A summary report detailing these twenty-three (23) instances of actual consumer confusion, prepared by Broadleaf Investigations Inc., will be provided to you upon execution of this retention letter.

2.4 Litigation Claims

VHG's Verified Complaint asserts five (5) counts against CVR:

1. Count I: Federal trademark infringement under Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1), based on CVR's unauthorized use of marks confusingly similar to VHG's federally registered VERIMARK trademarks in connection with identical hospitality services.

2. Count II: Federal unfair competition and false designation of origin under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), based on CVR's use of the "VERIMARK RESORTS" and "VR Verimark" designations in a manner likely to cause confusion, mistake, or deception as to the origin, sponsorship, or affiliation of CVR's services.

3. Count III: Federal trademark dilution under Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c), based on CVR's use of marks that dilute the distinctive quality of VHG's famous VERIMARK marks by blurring and tarnishment.

4. Count IV: Common law trademark infringement under Florida law, based on CVR's unauthorized adoption and use of marks confusingly similar to VHG's prior-established common law and registered trademark rights in the VERIMARK brand.

5. Count V: Violation of the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Florida Statutes § 501.204, based on CVR's deceptive trade practices in marketing and offering hospitality services under marks confusingly similar to VHG's marks.

CVR is represented by Natasha K. Okonkwo, Esq. and Derek S. Fuentes, Esq. of Alcántara Reeves LLP, located at 200 Las Olas Circle, Suite 700, Fort Lauderdale, Florida 33301. Based on preliminary communications and CVR's initial filings, we anticipate that CVR's primary defense will center on the contention that "Verimark" is a descriptive or generic term meaning "verified mark of quality" in the hospitality industry. We consider this defense to be without merit, but it is a position that your survey work should be designed to address and, where supported by the data, rebut.

3. Scope of Expert Engagement

3.1 Survey Design and Methodology

You are retained to design, conduct, and analyze a Teflon-format likelihood-of-confusion consumer survey. The specific objectives of the survey are as follows:

(a) To measure whether consumers are likely to confuse CVR's marks — specifically, "VERIMARK RESORTS" (word mark) and "VR Verimark" (stylized logo) — with VHG's federally registered VERIMARK marks, including "VERIMARK" (word mark), "VERIMARK HOSPITALITY" (word mark), and the VERIMARK "V" Design Mark.

(b) To measure whether consumers perceive a sponsorship, affiliation, endorsement, approval, or other commercial connection between CVR's services and VHG when exposed to CVR's marks.

(c) To address the relevant consumer population, which we understand to be consumers of luxury hotel and resort services in the southeastern United States — the primary geographic market in which both VHG and CVR operate or compete.

(d) To gather data that can be used to rebut any defense that "VERIMARK" is a descriptive or generic term for hospitality services, including by testing whether consumers perceive "VERIMARK" as a brand name identifying a particular source of hospitality services, as opposed to a common descriptive or generic term used by the hospitality industry generally.

The survey methodology must be designed and executed to withstand scrutiny under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and its progeny as applied in the Eleventh Circuit, including Quiet Technology DC-8, Inc. v. Hurel-Dubois UK Ltd., 326 F.3d 1333 (11th Cir. 2003), and must comply with recognized survey research protocols and standards. In designing the survey, we expect that you will draw upon the established principles set forth in the Handbook of Survey Research (2nd ed., Ashford Industries), the American Association for Public Opinion Research ("AAPOR") standards for survey research, and the substantial body of Lanham Act survey case law in the Eleventh Circuit and the federal courts generally, including Jellibeans, Inc. v. Skating Clubs of Ga., Inc., 716 F.2d 833 (11th Cir. 1983), Frehling Enterprises, Inc. v. International Select Group, Inc., 192 F.3d 1330 (11th Cir. 1999), and relevant decisions of this Court.

We anticipate that you will exercise your independent professional judgment in selecting the specific survey format, question structure, control stimuli, filter questions, and sampling methodology appropriate for this engagement. We are available to discuss the legal standards and factual context in greater detail as you develop the survey design.

3.2 Expert Report

You are to prepare a written expert report that fully complies with the disclosure requirements of Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure. The report must include the following:

(a) A complete statement of all opinions to be expressed by you and the basis and reasons for each opinion.

(b) A description of the data or other information you considered in forming your opinions, including the survey data, statistical analyses, and any other materials reviewed.

(c) Any exhibits to be used as a summary of or support for your opinions, including tabulations, charts, graphs, and illustrative materials.

(d) A statement of your qualifications as an expert, including a list of all publications you have authored in the preceding ten (10) years.

(e) A list of all other cases in which you have testified as an expert at trial or by deposition during the preceding four (4) years.

(f) A statement of the compensation to be paid for the study and your testimony in this matter.

The report should be of sufficient rigor and detail to satisfy the requirements of Daubert and Rule 702 of the Federal Rules of Evidence, and to provide a clear and comprehensive basis for the Court to evaluate the reliability and relevance of your opinions.

3.3 Testimony. You are engaged as a testifying expert in this matter, and you may be called upon to provide testimony in the following settings:

(a) Preliminary Injunction Hearing. Testimony at the evidentiary hearing on VHG's Motion for Preliminary Injunction, currently scheduled for September 10, 2025, before the Honorable Adrienne M. Castellano, United States District Judge, U.S. District Court for the Southern District of Florida, Miami Division.

(b) Deposition Testimony. Testimony at a deposition to be noticed by opposing counsel, Alcántara Reeves LLP, at a date, time, and location to be agreed upon or ordered by the Court.

(c) Trial Testimony. Live testimony at trial, should this matter proceed to trial on the merits, at such time as the Court may schedule.

We will provide you with reasonable advance notice of all testimony dates and will coordinate with you regarding preparation sessions in advance of each appearance.

4. Compensation

4.1 Survey Fee

The parties agree to a flat fee of Forty-Five Thousand Dollars ($45,000.00) for the design, fielding, tabulation, analysis, and written report of the Teflon-format likelihood-of-confusion consumer survey described in Section 3.1 above. This flat fee is intended to be comprehensive and covers all costs directly associated with the execution of the survey, including but not limited to respondent recruitment, online survey panel access fees, survey programming, data collection, quality control measures, data cleaning, statistical analysis, and the preparation of the written survey report.

The flat fee shall be payable in two (2) equal installments:

(a) First Installment: Fifty percent (50%) of the flat fee, in the amount of Twenty-Two Thousand Five Hundred Dollars ($22,500.00), shall be due and payable upon execution of this retention letter.

(b) Second Installment: Fifty percent (50%) of the flat fee, in the amount of Twenty-Two Thousand Five Hundred Dollars ($22,500.00), shall be due and payable upon delivery of the final written survey report to Calderwood & Harkness LLP.

4.2 Testimony Fee

For all testimony-related services, Dr. Calder shall be compensated at an hourly rate of Six Hundred Fifty Dollars ($650.00) per hour. Testimony-related services include, but are not limited to, the following:

(a) Preparation for and attendance at the preliminary injunction hearing;

(b) Preparation for and attendance at depositions;

(d) Preparation of any supplemental expert report or rebuttal report, to the extent such work is necessitated by the Court's scheduling order or by reports submitted by CVR's experts; and

(e) Any other professional time reasonably required in connection with providing expert testimony in this matter.

All testimony-related time shall be billed in increments of one-tenth (0.1) of an hour, with time recorded contemporaneously or as near to contemporaneously as practicable.

4.3 Expenses. Reasonable out-of-pocket expenses incurred by Dr. Calder and Pinnacle in connection with this engagement — including travel, lodging, meals, copying, printing, courier services, and similar costs — shall be reimbursed at actual cost upon submission of itemized receipts or other reasonable documentation. Any single expense item exceeding One Thousand Dollars ($1,000.00) shall require prior written approval from Calderwood & Harkness LLP before it is incurred.

4.4 Invoicing and Payment

Dr. Calder shall submit monthly invoices detailing all fees earned and expenses incurred during the preceding month. Invoices shall be directed to:

Calderwood & Harkness LLP 400 Brickell Avenue, Suite 3200 Miami, Florida 33131 Attn: Peter Vassiliev Re: Matter No. 1021-00004

Payment on all invoices shall be due within thirty (30) days of receipt. All fees and expenses incurred under this engagement are the ultimate financial responsibility of our client, Verimark Hospitality Group Inc., but shall be administered, processed, and paid through Calderwood & Harkness LLP. Dr. Calder and Pinnacle shall look solely to Calderwood & Harkness LLP for payment and shall not invoice or seek payment directly from VHG.

5. Timeline and Deliverables

Given the pendency of VHG's Motion for Preliminary Injunction and the currently scheduled hearing date, the following deadlines shall govern the initial phase of this engagement:

The survey instrument design and methodology memorandum, due no later than August 8, 2025 (approximately two and one-half weeks from the date of engagement), should describe the proposed survey design in sufficient detail to permit a substantive discussion between Dr. Calder and the litigation team regarding methodology, question wording, control stimuli, universe definition, sample size, and any other material design choices. We will provide prompt feedback on the methodology memorandum so that survey fielding can proceed without delay.

Fielding of the survey — that is, the active data collection period — should be completed no later than August 22, 2025, to allow adequate time for data analysis and report preparation.

A draft of the expert report should be delivered to Calderwood & Harkness LLP no later than August 29, 2025, to allow for the litigation team's review and any necessary discussion of the report's content, structure, and presentation before finalization.

The final expert report shall be delivered no later than September 3, 2025, one week in advance of the preliminary injunction hearing.

Dr. Calder must be available to appear and provide testimony at the preliminary injunction hearing scheduled for September 10, 2025, before the Honorable Adrienne M. Castellano, at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128, or at such other location and time as the Court may direct.

Please note that the deadlines set forth above are driven by the preliminary injunction hearing schedule and are subject to adjustment in the event of any continuance or rescheduling of that hearing. Additional expert report deadlines applicable to the merits phase of the litigation, including the deadline for serving the Rule 26(a)(2) expert disclosure and any rebuttal report deadline, will be governed by the Court's Scheduling Order, which has not yet been entered. We will communicate those deadlines to you promptly upon receipt.

6. Confidentiality Obligations

All information, documents, data, materials, and communications provided to you by Calderwood & Harkness LLP, by VHG, or by any other party on behalf of VHG in connection with this engagement are strictly confidential and may be subject to the protection of the attorney work-product doctrine and/or other applicable privileges. You shall treat all such materials as confidential and shall not disclose any such information to any third party without the prior written consent of Calderwood & Harkness LLP, except as may be required by applicable law, court order, or the Federal Rules of Civil Procedure.

Dr. Calder shall ensure that all employees, contractors, subcontractors, agents, and any other individuals associated with Pinnacle Brand Analytics LLC who are given access to any materials or information related to this engagement are bound by confidentiality obligations equivalent to those set forth in this Section 6. You are responsible for the compliance of such individuals with these confidentiality requirements.

The identities of survey respondents and all raw survey data collected in connection with this engagement shall be maintained in confidence. Such data shall be disclosed only as required by the Federal Rules of Civil Procedure, by order of the Court, or by the terms of any Protective Order that may be entered in this litigation.

We note that this matter involves a publicly traded company. VHG's common stock trades on the Nasdaq Stock Market under the ticker symbol VMHG. Accordingly, Dr. Calder and all Pinnacle personnel with access to engagement materials should be mindful of the restrictions imposed by the federal securities laws — including Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder — on the purchase or sale of securities of VHG (or the communication of material non-public information to others who might trade in such securities) while in possession of material non-public information obtained through this engagement. Neither Dr. Calder nor any Pinnacle personnel shall trade in VHG securities, or tip any other person regarding material non-public information relating to VHG, during the pendency of this engagement.

The confidentiality obligations set forth in this Section 6 shall survive the termination or expiration of this engagement.

7. Document Retention Requirements

Dr. Calder shall preserve and maintain all documents, data, electronically stored information, communications, and materials of any kind related to this engagement. Without limitation, the materials to be preserved include:

(a) All drafts and final versions of the survey instrument, including any pilot or pretest versions;

(b) All raw survey data, data files, tabulations, cross-tabulations, and coded or recoded data sets;

(c) All statistical analyses, working papers, spreadsheets, computations, methodology notes, and supporting documentation;

(d) All communications with Calderwood & Harkness LLP, VHG personnel, Broadleaf Investigations Inc. personnel, and any other persons regarding this engagement, whether by email, letter, text message, telephone memorandum, or any other medium;

(e) All draft and final expert reports, including any supplemental or rebuttal reports; and

(f) All other materials received, generated, or reviewed in connection with this engagement.

All such materials must be retained for a minimum period of three (3) years following the final resolution of the litigation, including the exhaustion of all appellate remedies, or until you receive written notification from Calderwood & Harkness LLP that the materials may be disposed of, whichever is later. No materials shall be destroyed, discarded, deleted, or otherwise disposed of without prior written authorization from the Firm.

Dr. Calder acknowledges that all documents and materials generated or considered in connection with the preparation of her expert report, including drafts, communications, and underlying data, may be subject to disclosure and discovery under Rules 26(a)(2)(B) and 26(b)(4) of the Federal Rules of Civil Procedure, and that the preservation of such materials is essential to compliance with those obligations and with any Protective Order entered in this case.

8. Independence and Objectivity

Dr. Calder confirms and represents that she has no financial interest in, affiliation with, contractual relationship with, or personal or professional relationship to either Verimark Hospitality Group Inc. or Coral Verimark Resorts LLC, or to any of their respective officers, directors, members, managers, employees, or counsel (including Calderwood & Harkness LLP and Alcántara Reeves LLP), that would impair, or create an appearance of impairing, her independence, objectivity, or credibility as a testifying expert in this matter.

Dr. Calder's opinions, conclusions, and testimony shall be based solely on her independent professional judgment and her expertise in consumer psychology, brand perception research, and trademark confusion survey methodology. Dr. Calder is free — and indeed is expected — to reach whatever conclusions her analysis and the data support, regardless of whether those conclusions favor VHG's position. The Firm does not seek or expect any result-oriented analysis. The value of your engagement lies in the integrity, rigor, and objectivity of your work.

If at any time during this engagement Dr. Calder becomes aware of any circumstance that could reasonably be perceived as affecting her independence or objectivity, she shall promptly disclose such circumstance to Calderwood & Harkness LLP in writing.

9. Termination

Either party may terminate this engagement upon ten (10) calendar days' prior written notice to the other party. Notice of termination may be delivered by email (with confirmation of receipt) or by overnight courier to the addresses set forth in this letter.

In the event of termination by either party, Dr. Calder shall be entitled to compensation for all work performed and all expenses incurred through the effective date of termination. With respect to the flat survey fee, compensation in the event of early termination shall be calculated on a pro rata basis reflecting the percentage of the survey work completed as of the termination date, provided that any installment already paid and not yet earned shall be promptly refunded, and any amounts earned and not yet paid shall be promptly remitted.

Upon termination, Dr. Calder shall promptly return or deliver to Calderwood & Harkness LLP all confidential materials, documents, data, and work product in her or Pinnacle's possession, custody, or control, or shall certify in writing the destruction of such materials if so directed by the Firm. The confidentiality and document retention obligations set forth in Sections 6 and 7 of this letter shall survive termination.

10. No Attorney-Client Relationship

This engagement creates an expert-consultant and testifying-expert relationship between Calderwood & Harkness LLP, on behalf of its client Verimark Hospitality Group Inc., and Dr. Irene Calder and Pinnacle Brand Analytics LLC. This letter does not create, and shall not be construed to create, an attorney-client relationship between Dr. Calder (or Pinnacle) and either VHG or Calderwood & Harkness LLP.

Certain communications between Dr. Calder and Calderwood & Harkness LLP in connection with this engagement may be protected by the attorney work-product doctrine. However, Dr. Calder should be aware that, under Rule 26(b)(4)(C) of the Federal Rules of Civil Procedure, as amended effective December 1, 2010, while draft expert reports are generally protected from discovery, communications between counsel and a testifying expert are discoverable to the extent that they (i) relate to the expert's compensation for the study or testimony, (ii) identify facts or data that counsel provided and that the expert considered in forming the opinions to be expressed, or (iii) identify assumptions that counsel provided and that the expert relied upon in forming the opinions to be expressed. Dr. Calder should bear these discovery rules in mind in the course of communications with the litigation team.

11. Contact Information

Your primary day-to-day contact for this engagement is:

Peter Vassiliev Lead Associate Calderwood & Harkness LLP 400 Brickell Avenue, Suite 3200 Miami, Florida 33131 Telephone: (305) 555-7834

Email: pvassiliev@calderwoodharkness.com

The supervising partner on this matter is:

Marcus Delgado Responsible Partner Calderwood & Harkness LLP 400 Brickell Avenue, Suite 3200 Miami, Florida 33131 Telephone: (305) 555-7812

Email: mdelgado@calderwoodharkness.com

All background documents and materials necessary to commence your work — including VHG's trademark registration certificates, screenshots of both parties' websites and social media accounts, the Broadleaf Investigations Inc. confusion summary, the filed Verified Complaint, and CVR's pending trademark application — will be transmitted to you promptly upon execution and return of this letter.

12. Acceptance and Countersignature

If the foregoing terms are acceptable to you, please signify your acceptance by signing and dating this letter in the space provided below and returning an executed copy to Peter Vassiliev at Calderwood & Harkness LLP, either by email (scanned PDF) to pvassiliev@calderwoodharkness.com or by mail/courier to the address set forth above. Upon your execution and return, this letter shall constitute a binding agreement between Calderwood & Harkness LLP (on behalf of Verimark Hospitality Group Inc.) and Dr. Irene Calder / Pinnacle Brand Analytics LLC with respect to the engagement described herein.

We very much look forward to working with you on this important matter and are confident that your expertise and reputation will add significant value to VHG's case. Please do not hesitate to contact Peter Vassiliev or Marcus Delgado with any questions regarding this engagement.

Very truly yours,

CALDERWOOD & HARKNESS LLP

By: ________

Name: Peter Vassiliev

Title: Lead Associate

Date: July 22, 2025

ACCEPTED AND AGREED

The undersigned hereby accepts the terms of this Expert Retention Letter and agrees to perform the services described herein in accordance with its terms and conditions.

PINNACLE BRAND ANALYTICS LLC

By: ________

Name: Dr. Irene Calder, Ph.D.

Title: Principal

Date: ________

Enclosures

The following materials will be provided upon execution and return of this retention letter:

1. Certified copies of VHG's federal trademark registration certificates:

(a) U.S. Registration No. 3,742,618 — "VERIMARK" (word mark) (b) U.S. Registration No. 4,105,233 — "VERIMARK HOSPITALITY" (word mark) (c) U.S. Registration No. 5,489,701 — VERIMARK "V" Design Mark (stylized)

2. Screenshots of CVR's website (www.verimarkresortsgroup.com) and Northpoint Services Inc. account (@verimarkresortsofficial), captured and preserved with metadata as of July 2025.

3. Screenshots of VHG's website (www.verimark.com) and Northpoint Services Inc. account (@verimarkhospitality), for comparison purposes.

4. Summary report of twenty-three (23) documented instances of actual consumer confusion, prepared by Broadleaf Investigations Inc. (Lead Investigator: Jorge A. Quintana), covering the period March 2024 through June 2025.

5. Copy of the filed Verified Complaint, Verimark Hospitality Group Inc. v. Coral Verimark Resorts LLC, Case No. 1:25-cv-22847-AMC, U.S. District Court for the Southern District of Florida (filed July 22, 2025).

6. Copy of CVR's pending U.S. Trademark Application Serial No. 98/432,117 for "VERIMARK RESORTS" (International Class 043), as published in the Official Gazette and as reflected in the USPTO's Trademark Status & Document Retrieval system.

CONFIDENTIAL — This letter and the information contained herein are intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and destroy all copies.

Deliverable	Deadline
Survey instrument design and methodology memorandum	August 8, 2025
Completion of survey fielding (data collection)	August 22, 2025
Delivery of draft expert report to Calderwood & Harkness LLP for review	August 29, 2025
Delivery of final expert report	September 3, 2025
Availability for preliminary injunction hearing (Miami)	September 10, 2025

CALDERWOOD & HARKNESS LLP Attorneys at Law
400 Brickell Avenue, Suite 3200 Miami, Florida 33131 Telephone: (305) 555-7800 Facsimile: (305) 555-7801 www.calderwoodharkness.com
July 22, 2025
VIA EMAIL AND FACSIMILE
Dr. Irene Calder, Ph.D. Principal Pinnacle Brand Analytics LLC 1500 Peachtree Street N.W., Suite 800 Atlanta, Georgia 30309
Re: Retention as Testifying Expert — Likelihood-of-Confusion Consumer Survey Matter: Verimark Hospitality Group Inc. v. Coral Verimark Resorts LLC Case No.: 1:25-cv-22847-AMC, U.S. District Court for the Southern District of Florida Firm Matter No.: 1021-00004
Dear Dr. Calder:
1. Introduction and Purpose of Engagement
This letter confirms and sets forth the terms under which Calderwood & Harkness LLP ("the Firm" or "Calderwood & Harkness") seeks to retain you, Dr. Irene Calder, Ph.D., and your firm, Pinnacle Brand Analytics LLC ("Pinnacle"), as a testifying expert in the above-referenced action. We write in your capacity as a nationally recognized authority in consumer psychology, brand perception research, and trademark confusion survey methodology.
Calderwood & Harkness LLP represents Verimark Hospitality Group Inc. ("VHG"), a Delaware corporation publicly traded on the Nasdaq Stock Market under the ticker symbol VMHG, with its principal place of business at 2200 Bayshore Boulevard, Suite 1400, Tampa, Florida 33629. VHG is a leading hospitality and real estate enterprise that reported annual revenue of approximately $1.87 billion for fiscal year 2024. VHG currently operates seventy-four (74) branded resort and hotel properties spanning eighteen (18) states and the Caribbean. The VERIMARK brand is the cornerstone of VHG's business identity and consumer goodwill, cultivated over more than seventeen years of continuous use in interstate and international commerce.
VHG has filed a trademark infringement action against Coral Verimark Resorts LLC ("CVR"), a Florida limited liability company that operates boutique luxury coastal resorts in the southeastern United States and that has adopted marks confusingly similar to VHG's long-established VERIMARK trademarks. The Verified Complaint and an accompanying Motion for Preliminary Injunction were filed on July 22, 2025, and have been assigned to the Honorable Adrienne M. Castellano, United States District Judge, in the Southern District of Florida, Miami Division.
The purpose of this letter is to formally engage you and Pinnacle Brand Analytics LLC as a testifying expert to design, conduct, and analyze a Teflon-format likelihood-of-confusion consumer survey that will serve as critical evidence in support of VHG's trademark infringement claims and its pending Motion for Preliminary Injunction. The terms and conditions of this engagement are set forth in the sections that follow.
2. Background of the Dispute
To provide you with the context necessary to begin your work, we offer the following summary of the factual and legal background of this matter. Additional documents and materials will be provided to you promptly upon your execution and return of this retention letter.
2.1 VHG's Trademark Portfolio
VHG holds a robust portfolio of federally registered trademarks incorporating the mark "VERIMARK" for hospitality services, all registered with the United States Patent and Trademark Office ("USPTO") in International Class 043 (Services for providing food and drink; temporary accommodation). The relevant registrations are as follows:
(a) U.S. Registration No. 3,742,618 — "VERIMARK" (standard character word mark), registered on March 17, 2009. VHG alleged a first use in commerce date of September 3, 2007. This registration has been maintained continuously and is currently in full force and effect, having achieved incontestable status under 15 U.S.C. § 1065.
(b) U.S. Registration No. 4,105,233 — "VERIMARK HOSPITALITY" (standard character word mark), registered on January 10, 2012. This registration covers hotel management services, resort accommodations, and related hospitality services in International Class 043 and has likewise been continuously maintained.
(c) U.S. Registration No. 5,489,701 — VERIMARK "V" Design Mark (stylized), featuring a distinctive navy-and-gold color scheme that has become synonymous with VHG's luxury hospitality brand. This design mark was registered on May 22, 2018, and is used prominently across VHG's properties, marketing collateral, digital platforms, and branded merchandise.
VHG has used the VERIMARK marks continuously in interstate and international commerce for over seventeen (17) years, dating back to VHG's first use in commerce on September 3, 2007. During that time, VHG has invested heavily in brand development and consumer recognition. For fiscal year 2024 alone, VHG's annual marketing and advertising expenditure was approximately $142 million, representing approximately 7.6% of total revenue — a figure that reflects the company's sustained commitment to building, promoting, and protecting the VERIMARK brand across traditional media, digital advertising, experiential marketing, and social media channels.
VHG operates the primary domain www.verimark.com and maintains active branded social media accounts under the handle @verimarkhospitality across major platforms including Northpoint Services Inc., Kestrel Services Inc., X (formerly Fenmore Solutions), Westmark Health IT, and Dunmore & Co.. These digital channels collectively reach millions of consumers and have been instrumental in driving brand recognition and direct bookings.
2.2 CVR's Infringing Conduct
Coral Verimark Resorts LLC was formed as a Florida limited liability company on January 8, 2024. Its founders are Rafael J. Medina, who serves as Managing Member, and Gabriela N. Serrano, who serves as Co-Member and Operations Director. CVR commenced use of the mark "VERIMARK RESORTS" (as a word mark) and a stylized logo bearing the designation "VR Verimark" in commerce on or about March 1, 2024 — more than sixteen (16) years after VHG's first use of the VERIMARK mark. CVR's stylized "VR Verimark" logo employs a serif typeface rendered in a blue-and-gold color palette that closely mirrors VHG's distinctive navy-and-gold color scheme, compounding the likelihood of consumer confusion.
Since commencing operations, CVR has opened two resort properties:
(a) Verimark Resorts Fort Lauderdale — Opened on approximately March 15, 2024. This property is located approximately four (4) miles from VHG's well-established "Verimark Oceanview" property in Fort Lauderdale, Florida. The geographic proximity of these two properties, operating under nearly identical names in the same market segment, presents a particularly acute risk of consumer confusion.
(b) Verimark Resorts Harborline Enterprises Head — Opened on approximately June 1, 2024, in Harborline Enterprises Head, South Carolina. This property also operates in the luxury coastal resort market that VHG has served for nearly two decades.
We have further learned that CVR has a third property under active development in Destin, Florida, which would place yet another CVR property in direct geographic competition with VHG-branded properties.
CVR operates the domain www.verimarkresortsgroup.com, which was registered through NetLedger Domains Inc. on January 12, 2024, and maintains the Northpoint Services Inc. account @verimarkresortsofficial, created on January 20, 2024. Both the website and social media presence prominently feature the "VERIMARK RESORTS" and "VR Verimark" designations in ways that are likely to cause consumer confusion.
CVR also filed U.S. Trademark Application Serial No. 98/432,117 for "VERIMARK RESORTS" in International Class 043 on April 15, 2024. The application was published for opposition by the USPTO on November 5, 2024. VHG timely filed a Notice of Opposition with the Trademark Trial and Appeal Board ("TTAB"), docketed as Opposition No. 91/287,456, on December 3, 2024. That opposition proceeding is currently suspended by stipulation of the parties, entered on February 18, 2025, pending the outcome of the present district court action.
2.3 Evidence of Actual Confusion
In addition to the compelling circumstantial evidence of likely confusion arising from CVR's adoption of marks nearly identical to VHG's registered marks in the identical industry and geographic market, VHG has obtained substantial evidence of actual consumer confusion. VHG's retained investigative firm, Broadleaf Investigations Inc. (Lead Investigator: Jorge A. Quintana, CCE, CPI), has documented twenty-three (23) discrete instances of actual consumer confusion occurring between March 2024 and June 2025.
These documented instances include, but are not limited to, the following categories:
•  Misdirected reservation inquiries: Consumers seeking to book accommodations at CVR properties have contacted VHG's central reservation system and individual VHG properties, and vice versa, under the mistaken belief that the two entities are the same or are related.
•  Social media misattributions: Consumer posts on Northpoint Services Inc., Kestrel Services Inc., and Kestrel Group have tagged or referenced VHG's accounts and property pages when describing stays at CVR properties, and have tagged CVR when describing stays at VHG properties, indicating a failure to distinguish between the two brands.
•  Reviews posted on incorrect property pages: Consumer reviews that describe CVR guest experiences have appeared on VHG property listing pages on major travel platforms, creating reputational harm and misleading prospective VHG guests.
A summary report detailing these twenty-three (23) instances of actual consumer confusion, prepared by Broadleaf Investigations Inc., will be provided to you upon execution of this retention letter.
2.4 Litigation Claims
VHG's Verified Complaint asserts five (5) counts against CVR:
1.  Count I: Federal trademark infringement under Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1), based on CVR's unauthorized use of marks confusingly similar to VHG's federally registered VERIMARK trademarks in connection with identical hospitality services.
2.  Count II: Federal unfair competition and false designation of origin under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), based on CVR's use of the "VERIMARK RESORTS" and "VR Verimark" designations in a manner likely to cause confusion, mistake, or deception as to the origin, sponsorship, or affiliation of CVR's services.
3.  Count III: Federal trademark dilution under Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c), based on CVR's use of marks that dilute the distinctive quality of VHG's famous VERIMARK marks by blurring and tarnishment.
4.  Count IV: Common law trademark infringement under Florida law, based on CVR's unauthorized adoption and use of marks confusingly similar to VHG's prior-established common law and registered trademark rights in the VERIMARK brand.
5.  Count V: Violation of the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Florida Statutes § 501.204, based on CVR's deceptive trade practices in marketing and offering hospitality services under marks confusingly similar to VHG's marks.
CVR is represented by Natasha K. Okonkwo, Esq. and Derek S. Fuentes, Esq. of Alcántara Reeves LLP, located at 200 Las Olas Circle, Suite 700, Fort Lauderdale, Florida 33301. Based on preliminary communications and CVR's initial filings, we anticipate that CVR's primary defense will center on the contention that "Verimark" is a descriptive or generic term meaning "verified mark of quality" in the hospitality industry. We consider this defense to be without merit, but it is a position that your survey work should be designed to address and, where supported by the data, rebut.
3. Scope of Expert Engagement
3.1 Survey Design and Methodology
You are retained to design, conduct, and analyze a Teflon-format likelihood-of-confusion consumer survey. The specific objectives of the survey are as follows:
(a) To measure whether consumers are likely to confuse CVR's marks — specifically, "VERIMARK RESORTS" (word mark) and "VR Verimark" (stylized logo) — with VHG's federally registered VERIMARK marks, including "VERIMARK" (word mark), "VERIMARK HOSPITALITY" (word mark), and the VERIMARK "V" Design Mark.
(b) To measure whether consumers perceive a sponsorship, affiliation, endorsement, approval, or other commercial connection between CVR's services and VHG when exposed to CVR's marks.
(c) To address the relevant consumer population, which we understand to be consumers of luxury hotel and resort services in the southeastern United States — the primary geographic market in which both VHG and CVR operate or compete.
(d) To gather data that can be used to rebut any defense that "VERIMARK" is a descriptive or generic term for hospitality services, including by testing whether consumers perceive "VERIMARK" as a brand name identifying a particular source of hospitality services, as opposed to a common descriptive or generic term used by the hospitality industry generally.
The survey methodology must be designed and executed to withstand scrutiny under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and its progeny as applied in the Eleventh Circuit, including Quiet Technology DC-8, Inc. v. Hurel-Dubois UK Ltd., 326 F.3d 1333 (11th Cir. 2003), and must comply with recognized survey research protocols and standards. In designing the survey, we expect that you will draw upon the established principles set forth in the Handbook of Survey Research (2nd ed., Ashford Industries), the American Association for Public Opinion Research ("AAPOR") standards for survey research, and the substantial body of Lanham Act survey case law in the Eleventh Circuit and the federal courts generally, including Jellibeans, Inc. v. Skating Clubs of Ga., Inc., 716 F.2d 833 (11th Cir. 1983), Frehling Enterprises, Inc. v. International Select Group, Inc., 192 F.3d 1330 (11th Cir. 1999), and relevant decisions of this Court.
We anticipate that you will exercise your independent professional judgment in selecting the specific survey format, question structure, control stimuli, filter questions, and sampling methodology appropriate for this engagement. We are available to discuss the legal standards and factual context in greater detail as you develop the survey design.
3.2 Expert Report
You are to prepare a written expert report that fully complies with the disclosure requirements of Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure. The report must include the following:
(a) A complete statement of all opinions to be expressed by you and the basis and reasons for each opinion.
(b) A description of the data or other information you considered in forming your opinions, including the survey data, statistical analyses, and any other materials reviewed.
(c) Any exhibits to be used as a summary of or support for your opinions, including tabulations, charts, graphs, and illustrative materials.
(d) A statement of your qualifications as an expert, including a list of all publications you have authored in the preceding ten (10) years.
(e) A list of all other cases in which you have testified as an expert at trial or by deposition during the preceding four (4) years.
(f) A statement of the compensation to be paid for the study and your testimony in this matter.
The report should be of sufficient rigor and detail to satisfy the requirements of Daubert and Rule 702 of the Federal Rules of Evidence, and to provide a clear and comprehensive basis for the Court to evaluate the reliability and relevance of your opinions.
3.3 Testimony.  You are engaged as a testifying expert in this matter, and you may be called upon to provide testimony in the following settings:
(a) Preliminary Injunction Hearing. Testimony at the evidentiary hearing on VHG's Motion for Preliminary Injunction, currently scheduled for September 10, 2025, before the Honorable Adrienne M. Castellano, United States District Judge, U.S. District Court for the Southern District of Florida, Miami Division.
(b) Deposition Testimony. Testimony at a deposition to be noticed by opposing counsel, Alcántara Reeves LLP, at a date, time, and location to be agreed upon or ordered by the Court.
(c) Trial Testimony. Live testimony at trial, should this matter proceed to trial on the merits, at such time as the Court may schedule.
We will provide you with reasonable advance notice of all testimony dates and will coordinate with you regarding preparation sessions in advance of each appearance.
4. Compensation
4.1 Survey Fee
The parties agree to a flat fee of Forty-Five Thousand Dollars ($45,000.00) for the design, fielding, tabulation, analysis, and written report of the Teflon-format likelihood-of-confusion consumer survey described in Section 3.1 above. This flat fee is intended to be comprehensive and covers all costs directly associated with the execution of the survey, including but not limited to respondent recruitment, online survey panel access fees, survey programming, data collection, quality control measures, data cleaning, statistical analysis, and the preparation of the written survey report.
The flat fee shall be payable in two (2) equal installments:
(a) First Installment: Fifty percent (50%) of the flat fee, in the amount of Twenty-Two Thousand Five Hundred Dollars ($22,500.00), shall be due and payable upon execution of this retention letter.
(b) Second Installment: Fifty percent (50%) of the flat fee, in the amount of Twenty-Two Thousand Five Hundred Dollars ($22,500.00), shall be due and payable upon delivery of the final written survey report to Calderwood & Harkness LLP.
4.2 Testimony Fee
For all testimony-related services, Dr. Calder shall be compensated at an hourly rate of Six Hundred Fifty Dollars ($650.00) per hour. Testimony-related services include, but are not limited to, the following:
(a) Preparation for and attendance at the preliminary injunction hearing;
(b) Preparation for and attendance at depositions;
(c) Preparation for and attendance at trial;
(d) Preparation of any supplemental expert report or rebuttal report, to the extent such work is necessitated by the Court's scheduling order or by reports submitted by CVR's experts; and
(e) Any other professional time reasonably required in connection with providing expert testimony in this matter.
All testimony-related time shall be billed in increments of one-tenth (0.1) of an hour, with time recorded contemporaneously or as near to contemporaneously as practicable.
4.3 Expenses.  Reasonable out-of-pocket expenses incurred by Dr. Calder and Pinnacle in connection with this engagement — including travel, lodging, meals, copying, printing, courier services, and similar costs — shall be reimbursed at actual cost upon submission of itemized receipts or other reasonable documentation. Any single expense item exceeding One Thousand Dollars ($1,000.00) shall require prior written approval from Calderwood & Harkness LLP before it is incurred.
4.4 Invoicing and Payment
Dr. Calder shall submit monthly invoices detailing all fees earned and expenses incurred during the preceding month. Invoices shall be directed to:
Calderwood & Harkness LLP 400 Brickell Avenue, Suite 3200 Miami, Florida 33131 Attn: Peter Vassiliev Re: Matter No. 1021-00004
Payment on all invoices shall be due within thirty (30) days of receipt. All fees and expenses incurred under this engagement are the ultimate financial responsibility of our client, Verimark Hospitality Group Inc., but shall be administered, processed, and paid through Calderwood & Harkness LLP. Dr. Calder and Pinnacle shall look solely to Calderwood & Harkness LLP for payment and shall not invoice or seek payment directly from VHG.
5. Timeline and Deliverables
Given the pendency of VHG's Motion for Preliminary Injunction and the currently scheduled hearing date, the following deadlines shall govern the initial phase of this engagement:
The survey instrument design and methodology memorandum, due no later than August 8, 2025 (approximately two and one-half weeks from the date of engagement), should describe the proposed survey design in sufficient detail to permit a substantive discussion between Dr. Calder and the litigation team regarding methodology, question wording, control stimuli, universe definition, sample size, and any other material design choices. We will provide prompt feedback on the methodology memorandum so that survey fielding can proceed without delay.
Fielding of the survey — that is, the active data collection period — should be completed no later than August 22, 2025, to allow adequate time for data analysis and report preparation.
A draft of the expert report should be delivered to Calderwood & Harkness LLP no later than August 29, 2025, to allow for the litigation team's review and any necessary discussion of the report's content, structure, and presentation before finalization.
The final expert report shall be delivered no later than September 3, 2025, one week in advance of the preliminary injunction hearing.
Dr. Calder must be available to appear and provide testimony at the preliminary injunction hearing scheduled for September 10, 2025, before the Honorable Adrienne M. Castellano, at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128, or at such other location and time as the Court may direct.
Please note that the deadlines set forth above are driven by the preliminary injunction hearing schedule and are subject to adjustment in the event of any continuance or rescheduling of that hearing. Additional expert report deadlines applicable to the merits phase of the litigation, including the deadline for serving the Rule 26(a)(2) expert disclosure and any rebuttal report deadline, will be governed by the Court's Scheduling Order, which has not yet been entered. We will communicate those deadlines to you promptly upon receipt.
6. Confidentiality Obligations
All information, documents, data, materials, and communications provided to you by Calderwood & Harkness LLP, by VHG, or by any other party on behalf of VHG in connection with this engagement are strictly confidential and may be subject to the protection of the attorney work-product doctrine and/or other applicable privileges. You shall treat all such materials as confidential and shall not disclose any such information to any third party without the prior written consent of Calderwood & Harkness LLP, except as may be required by applicable law, court order, or the Federal Rules of Civil Procedure.
Dr. Calder shall ensure that all employees, contractors, subcontractors, agents, and any other individuals associated with Pinnacle Brand Analytics LLC who are given access to any materials or information related to this engagement are bound by confidentiality obligations equivalent to those set forth in this Section 6. You are responsible for the compliance of such individuals with these confidentiality requirements.
The identities of survey respondents and all raw survey data collected in connection with this engagement shall be maintained in confidence. Such data shall be disclosed only as required by the Federal Rules of Civil Procedure, by order of the Court, or by the terms of any Protective Order that may be entered in this litigation.
We note that this matter involves a publicly traded company. VHG's common stock trades on the Nasdaq Stock Market under the ticker symbol VMHG. Accordingly, Dr. Calder and all Pinnacle personnel with access to engagement materials should be mindful of the restrictions imposed by the federal securities laws — including Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder — on the purchase or sale of securities of VHG (or the communication of material non-public information to others who might trade in such securities) while in possession of material non-public information obtained through this engagement. Neither Dr. Calder nor any Pinnacle personnel shall trade in VHG securities, or tip any other person regarding material non-public information relating to VHG, during the pendency of this engagement.
The confidentiality obligations set forth in this Section 6 shall survive the termination or expiration of this engagement.
7. Document Retention Requirements
Dr. Calder shall preserve and maintain all documents, data, electronically stored information, communications, and materials of any kind related to this engagement. Without limitation, the materials to be preserved include:
(a) All drafts and final versions of the survey instrument, including any pilot or pretest versions;
(b) All raw survey data, data files, tabulations, cross-tabulations, and coded or recoded data sets;
(c) All statistical analyses, working papers, spreadsheets, computations, methodology notes, and supporting documentation;
(d) All communications with Calderwood & Harkness LLP, VHG personnel, Broadleaf Investigations Inc. personnel, and any other persons regarding this engagement, whether by email, letter, text message, telephone memorandum, or any other medium;
(e) All draft and final expert reports, including any supplemental or rebuttal reports; and
(f) All other materials received, generated, or reviewed in connection with this engagement.
All such materials must be retained for a minimum period of three (3) years following the final resolution of the litigation, including the exhaustion of all appellate remedies, or until you receive written notification from Calderwood & Harkness LLP that the materials may be disposed of, whichever is later. No materials shall be destroyed, discarded, deleted, or otherwise disposed of without prior written authorization from the Firm.
Dr. Calder acknowledges that all documents and materials generated or considered in connection with the preparation of her expert report, including drafts, communications, and underlying data, may be subject to disclosure and discovery under Rules 26(a)(2)(B) and 26(b)(4) of the Federal Rules of Civil Procedure, and that the preservation of such materials is essential to compliance with those obligations and with any Protective Order entered in this case.
8. Independence and Objectivity
Dr. Calder confirms and represents that she has no financial interest in, affiliation with, contractual relationship with, or personal or professional relationship to either Verimark Hospitality Group Inc. or Coral Verimark Resorts LLC, or to any of their respective officers, directors, members, managers, employees, or counsel (including Calderwood & Harkness LLP and Alcántara Reeves LLP), that would impair, or create an appearance of impairing, her independence, objectivity, or credibility as a testifying expert in this matter.
Dr. Calder's opinions, conclusions, and testimony shall be based solely on her independent professional judgment and her expertise in consumer psychology, brand perception research, and trademark confusion survey methodology. Dr. Calder is free — and indeed is expected — to reach whatever conclusions her analysis and the data support, regardless of whether those conclusions favor VHG's position. The Firm does not seek or expect any result-oriented analysis. The value of your engagement lies in the integrity, rigor, and objectivity of your work.
If at any time during this engagement Dr. Calder becomes aware of any circumstance that could reasonably be perceived as affecting her independence or objectivity, she shall promptly disclose such circumstance to Calderwood & Harkness LLP in writing.
9. Termination
Either party may terminate this engagement upon ten (10) calendar days' prior written notice to the other party. Notice of termination may be delivered by email (with confirmation of receipt) or by overnight courier to the addresses set forth in this letter.
In the event of termination by either party, Dr. Calder shall be entitled to compensation for all work performed and all expenses incurred through the effective date of termination. With respect to the flat survey fee, compensation in the event of early termination shall be calculated on a pro rata basis reflecting the percentage of the survey work completed as of the termination date, provided that any installment already paid and not yet earned shall be promptly refunded, and any amounts earned and not yet paid shall be promptly remitted.
Upon termination, Dr. Calder shall promptly return or deliver to Calderwood & Harkness LLP all confidential materials, documents, data, and work product in her or Pinnacle's possession, custody, or control, or shall certify in writing the destruction of such materials if so directed by the Firm. The confidentiality and document retention obligations set forth in Sections 6 and 7 of this letter shall survive termination.
10. No Attorney-Client Relationship
This engagement creates an expert-consultant and testifying-expert relationship between Calderwood & Harkness LLP, on behalf of its client Verimark Hospitality Group Inc., and Dr. Irene Calder and Pinnacle Brand Analytics LLC. This letter does not create, and shall not be construed to create, an attorney-client relationship between Dr. Calder (or Pinnacle) and either VHG or Calderwood & Harkness LLP.
Certain communications between Dr. Calder and Calderwood & Harkness LLP in connection with this engagement may be protected by the attorney work-product doctrine. However, Dr. Calder should be aware that, under Rule 26(b)(4)(C) of the Federal Rules of Civil Procedure, as amended effective December 1, 2010, while draft expert reports are generally protected from discovery, communications between counsel and a testifying expert are discoverable to the extent that they (i) relate to the expert's compensation for the study or testimony, (ii) identify facts or data that counsel provided and that the expert considered in forming the opinions to be expressed, or (iii) identify assumptions that counsel provided and that the expert relied upon in forming the opinions to be expressed. Dr. Calder should bear these discovery rules in mind in the course of communications with the litigation team.
11. Contact Information
Your primary day-to-day contact for this engagement is:
Peter Vassiliev Lead Associate Calderwood & Harkness LLP 400 Brickell Avenue, Suite 3200 Miami, Florida 33131 Telephone: (305) 555-7834
Email: pvassiliev@calderwoodharkness.com
The supervising partner on this matter is:
Marcus Delgado Responsible Partner Calderwood & Harkness LLP 400 Brickell Avenue, Suite 3200 Miami, Florida 33131 Telephone: (305) 555-7812
Email: mdelgado@calderwoodharkness.com
All background documents and materials necessary to commence your work — including VHG's trademark registration certificates, screenshots of both parties' websites and social media accounts, the Broadleaf Investigations Inc. confusion summary, the filed Verified Complaint, and CVR's pending trademark application — will be transmitted to you promptly upon execution and return of this letter.
12. Acceptance and Countersignature
If the foregoing terms are acceptable to you, please signify your acceptance by signing and dating this letter in the space provided below and returning an executed copy to Peter Vassiliev at Calderwood & Harkness LLP, either by email (scanned PDF) to pvassiliev@calderwoodharkness.com or by mail/courier to the address set forth above. Upon your execution and return, this letter shall constitute a binding agreement between Calderwood & Harkness LLP (on behalf of Verimark Hospitality Group Inc.) and Dr. Irene Calder / Pinnacle Brand Analytics LLC with respect to the engagement described herein.
We very much look forward to working with you on this important matter and are confident that your expertise and reputation will add significant value to VHG's case. Please do not hesitate to contact Peter Vassiliev or Marcus Delgado with any questions regarding this engagement.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Name: Peter Vassiliev
Title: Lead Associate
Date: July 22, 2025
ACCEPTED AND AGREED
The undersigned hereby accepts the terms of this Expert Retention Letter and agrees to perform the services described herein in accordance with its terms and conditions.
PINNACLE BRAND ANALYTICS LLC
By: ________
Name: Dr. Irene Calder, Ph.D.
Title: Principal
Date: ________
Enclosures
The following materials will be provided upon execution and return of this retention letter:
1.  Certified copies of VHG's federal trademark registration certificates:
(a) U.S. Registration No. 3,742,618 — "VERIMARK" (word mark) (b) U.S. Registration No. 4,105,233 — "VERIMARK HOSPITALITY" (word mark) (c) U.S. Registration No. 5,489,701 — VERIMARK "V" Design Mark (stylized)
2.  Screenshots of CVR's website (www.verimarkresortsgroup.com) and Northpoint Services Inc. account (@verimarkresortsofficial), captured and preserved with metadata as of July 2025.
3.  Screenshots of VHG's website (www.verimark.com) and Northpoint Services Inc. account (@verimarkhospitality), for comparison purposes.
4.  Summary report of twenty-three (23) documented instances of actual consumer confusion, prepared by Broadleaf Investigations Inc. (Lead Investigator: Jorge A. Quintana), covering the period March 2024 through June 2025.
5.  Copy of the filed Verified Complaint, Verimark Hospitality Group Inc. v. Coral Verimark Resorts LLC, Case No. 1:25-cv-22847-AMC, U.S. District Court for the Southern District of Florida (filed July 22, 2025).
6.  Copy of CVR's pending U.S. Trademark Application Serial No. 98/432,117 for "VERIMARK RESORTS" (International Class 043), as published in the Official Gazette and as reflected in the USPTO's Trademark Status & Document Retrieval system.
CONFIDENTIAL — This letter and the information contained herein are intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and destroy all copies.
Deliverable | Deadline
Survey instrument design and methodology memorandum | August 8, 2025
Completion of survey fielding (data collection) | August 22, 2025
Delivery of draft expert report to Calderwood & Harkness LLP for review | August 29, 2025
Delivery of final expert report | September 3, 2025
Availability for preliminary injunction hearing (Miami) | September 10, 2025

CALDERWOOD & HARKNESS LLP Attorneys at Law

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CALDERWOOD & HARKNESS LLP

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PINNACLE BRAND ANALYTICS LLC

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