RICHARD BLUMENTHAL “ATTORNEY GENERAL 55 Elm Street RO. Hox 120 Hartford, CT 061410120 Office of The Attorney General State of Connecticut October 23, 2009 VIA U.S. and ELECTRONIC MAIL (support@gamedaytease.com) Braden Byler Gameday Tease, LLC 9003 Clubhouse Road Presto, Pennsylvania 15142-1568 Re: Cease and Desist the Jasper Howard Fundraiser Dear Mr. Byler: Thave recently become aware of your illegal online sale of Jasper Howard merchandise in connection with the alleged raising of funds for Jasper Howard’s child. Your campaign is in car violation of several federal and state laws, I demand that you cease and desist this activity immediately, including by immediately upon receipt of this letter removing the offending items and solicitations from your website. Make no mistake — I will not hesitate to take all appropriate and available legal action to prevent your shameless and unlawful exploitation of Jasper Howard’s tragic death for commercial purposes. ‘Your actions violate the Connecticut Solicitation of Charitable Funds Act, Conn, Gen. Stat. § 212-175 et seq. (the “Act”), which requires that all commercial co-ventures be registered with the Connecticut Public Charities Unit (Conn, Gen. Stat. § 21a-190g(a)) and that all advertisements for a charitable sales promotion shall disclose “the amount per unit of goods or services purchased or used that is to benefit the charitable organization or purpose.” Conn. Gen. Stat. § 21a-190g(c). Gameday Tease, LLC, has not complied with these charitable solicitation requirements and is therefore in violation of the Act, Each wilful violation of the Act is subject to a $2,500 civil penalty. See Conn. Gen, Stat. § 21a-190/(4). In addition, your actions have violated both federal copyright and trademark laws by your website's unauthorized use of photos from the University of Connecticut website and of various trademarked University logos and Marks, You are using the Marks in association with your website and have offered for sale items that feature the trademarks and copyrights of UConn without the relevant consents having first been obtained from the University of Connecticut, In particular, your unauthorized use of the University owned photograph for the image on the shir¥apparel for sale on your website as well as your unauthorized use of the University marks of the “C” and “Connecticut” on this same apparel are clear violations of federal copyright and trademark law, Your use of the Marks on unlicensed merchandise is likely to misiead consumers into believing that you have a direct relationship with, are affiliated with, associated with, orOctober 23, 2009 Page 2 endorsed by UConn, Said use constitutes trademark infringement, unfair competition and dilution in violation of federal and state statutes and the common law. Unless you immediately cease and desist your illegal use of UConn copyrighted and trademarked material and your illegal online charitable solicitation in connection with the tragic death of Jasper Howard, my office will take any and all legal action possible against Gameday Tease, LLC, and each individual responsible for these legal violations, Additionally, send an accounting of any and all Jasper Howard donations and sales of Jasper Howard merchandise, including the account information where such proceeds were deposited, to Assistant Attorney General Gary Hawes by October 28, 2009, You may reach AAG Hawes at 860-808-5020 or gary.hawes@po.state.ct.us. ook forward to your immediate response. Very truly yours, RICHARD eae