OFFICE OF THE CITY ATTORNEY 14177 FREDERICK STREET Via Email (TDURKIN@SKGF.COM) and First Class Mail December 11, 2017 Tracy-Gene G. Durkin Esq. Sterne Kessler Goldstein & Fox P.L.L.C. 1100 New York Ave, NW. Washington, DC 20005 Re: Unauthorized use of the mark THE WASHINGTON POST ete. Dear Ms. Durkin: Ok. Sincerely, C.: clienttec 6 one Qsleme Kessler Froese ox Goldstein Fox ATTORNEYS AT LAW December 5, 2017 Martin Koczanowicz, Esq. Office of the City Attorney City of Moreno Valley Via Email 14177 Frederick Street (cityattorney@movalorg) and PO Box 88005 Federal Express Moreno Valley, CA 92552 Re: — Unauthorized use of the mark THE WASHINGTON POST and fake THE WASHINGTON POST newspaper Our Ref: 1872.758ENFO Dear Mr. Koczanowicz: We are intellectual property counsel for WP Company LLC, doing business as The Washington Post (“The Post”) As you no doubt know, The Post publishes The Washington Post, a leading daily newspaper in America and throughout the world. The winner of over 50 Pulitzer Prizes, The Washington Post has distinguished itself through its political reporting on the workings of the White House, Congress, and other aspects of the U.S. government, ‘The mark THE WASHINGTON POST has been in continuous use since 1877, and the news and information provided under the mark THE WASHINGTON POST represents the highest in journalistic quality and integrity. The Post has invested considerable time and money to establish and. protect THE WASHINGTON POST mark and trade name for its news and information products and services, across various media platforms. It has come to The Post's attention that on October 18, 2017, the City of Moreno Valley (“the City”) commissioned and distributed a faux THE WASHINGTON POST newspaper as part of the City’s proposal for HQ2. As announced in a Press Release by the City here http://www.moval.org/community/news/news_17/102017-deploy. html, the City’s multi- departmental Team prepared (a] full-featured faux Washington Post newspaper with the alleged headlining news that “Moreno Valley, CA wins Amazon HQ2 project in epic battle of cities.” Our inspection of this faux newspaper (image below) reveals that it prominently displays the famous THE WASHINGTON POST mark and masthead, and mimics the look, feel, and essence (that is, the trade dress) of The Post's newspaper. Stare, Keser, Goldstein & Fox PL... : 1100 New York Avenue, NW : Washington, DC 20005 : 202.371.2600 # 202.371.2540, SKGF.COMMartin Koczanowicz, Esq. December 5, 2017 Page 2 oe _Shetw wy The City’s unauthorized use of The Post's trademarks and trade dress is in violation of The Post’s federally registered and federal and state common law trademark/trade dress rights, as itis likely to cause confusion, or to cause mistake, or to deceive as to source. Accordingly, the Post hereby demands that the City, and those acting under the control of, or in concert or under contract with, the City, immediately: 1. Discontinue any and all uses of the mark THE WASHINGTON POST in any form (that is, in block-type lettering, in The Post’s masthead’s font, aurally, or otherwise) and in any manner, including in print, online, and other electronic forms (e.g., as audio/video or as an ALEXA skill), or otherwise. This includes THE WASHINGTON POST, WASHINGTON POST, WASHINGTONPOST.COM, and other marks or terms that are confusingly similar thereto; and 2. Refrain from the uses described in Paragraph 1 in the future. Stere, Kessler, Goldstein & Fox nL. : 10D New York Avenue, NW : Washington, DC 20005 : 202.371.2600 #202371.2540, SKGF.COMMartin Koczanowiez, Esq. December 5, 2017 Page 3 Please confirm that you will comply with these requirements by December 15, 2017, We are hopeful that in the City’s enthusiasm to win the bid for the location of Amazon's second headquarters, it simply took a misstep. Regardless, The Post reserves all available rights and remedies to protect its marks should the City fail to comply with these demands. Very truly yours, STERWE, KESSLER, GOLDSTEIN & FOX P.L.L.C. Fils Tracy-Gene @ Durkin TGD/DS 86644011 Sterne, Kessler, Gostein& Fox Lc : 1100 New York Avenue, MW : Washington, DC 20005 : ¢ 202.371.2600 202.371.2540 SKGF.COM