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Harold W, Reick Intellectual Property Attorneys Aaron J_ Wong

Tern 5' Callaghan 5- Richards 695 Kenmoor S.E. -P.O. Box 2567 Gm?-fry A LEM Kevin T. Grzelak . . . Kathi
Steven L. Underwood Grand Rap1d5 Mwhlgan 49501 Peter A. Cumming:

Todd A. Van Thomme Phone: 616.949.9610 - Fax: 616.957.8196 Patent Agents

Brian E, Ainsworth WWW-priseheneveld-Com Rebecca A. Becker


Matthew J. Gipson Kevin K. Xu Jeffrey S. Kapteyn May 29, 2012 (Counsel
Frank M. Scutch Ill Richard C. Cooper

Brian R. Cheslek William W. DeWitt


Carl 5. Clark Daniel L. Girdwood

Mr. Jeff Sluggett Peter P. Price Bloom Sluggett Morgan, P.C. Lloyd A. Heneveid

[1918-2000]

15

. . Ave. SW loma(1925-2000;

Suite 640 Randal, G_ Litton

Grand Rapids, MI 49503 Ii?-10101 Re:INFRINGEMENTOFREDFLANNELFESTIVALTRADEMARKS

Our File : RED013 A300

Dear Jeff: As you know, my firm represents The Red Flannel Festival ("Festival) in connection with its intellectual property matters. The Festival owns several federal trademark registrations as well as a number of state trademark registrations for the following trademarks, copies of which are attached
hereto:

The Red Flannel Town Red Flannel Underwear Pants hanging on lamp post The Red Flannel Festival Recently, the Festival became aware of unauthorized use of its trademarks by the City of Cedar Springs (the "City") in its marketing and promotion of the sale of souvenirs, in addition, to several other unauthorized uses. Any unauthorized use of these marks constitutes a violation of US. and Michigan trademark law by creating a likelihood of confusion with respect to the Festivals authorization, sponsorship of, and/or association with the commercial activities of this advertising. Further, any continued use of these marks will be considered willful and knowing infringement and may thereby subject the City to an award of attorneys fees and litigation costs. As we have discussed previously, we believe the City's use of these trademarks is not a fair use and constitutes trademark infringement, unfair competition as well as other common law causes of action. Should the Festival proceed with a lawsuit, it will be seeking both damages and a permanent injunction for the use of the Festival's marks. As we have come to no resolution for this matter, the Festival has authorized us to undertake all appropriate steps to protect its trademarks and its associated goodwill. The City of Cedar Springs can avoid legal action by immediately stopping all infringing activity, including use of the trademarks on the City's website and Facebook page. We

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intellectualPropermyAttorneys

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herebyinsistthattheCitydiscontinuealluse,promotionand/ormarketingusingtheFestival's trademarks. Accordingly,wethereforedemandtheCityceaseanddesistfromfurtherinfringementofthis trademarkandprovideuswithpromptwrittenassurancethatyouwillstoptheuseofourclient's marks.Wewouldappreciateawrittenresponsefromyouwiththenextten(10)daysindicatingthat theCityintendstocomplywithourrequest.ShouldmembersoftheCitycouncilwishtosetupa meetingwiththeFestivaltodiscussthismatter,wewouldwelcomethisaswell. Certainly,thisletterdoesnotpurporttobeacompletestatementofthefactsorthelawandis withoutprejudicetotheFestival'slegalandequitablerights.ShouldtheCityignoreourrequest,we willbeforcedtotakefurtherlegalaction. Vertrulyyrs,

nkM.Sc,III
Enclosures

cc:PeterCummings

MicheleAndres

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tates nf Qmema r\IIED


MM btates atmt sub irahmmk Wm

Reg. No. 4,141,592 Registered May 15, 2012 Int. Cl.: 41


SERVICE MARK PRINCIPAL REGISTER

THE RED FLANNEL FESTIVAL (MICHIGAN NON-PROFIT CORPORATION) PO BOX 43 21 E. MAPLE STREET CEDAR SPRINGS. Ml 49319 FOR: ENTERYTAINMENT SERVICES, NAMELY, ORGANIZING COMMUNITY FESTIVALS FEATURING PARADES, GOLF OUTINGS. WINE TASTINGS. SHOWCASES OF MICHIGAN ARTISANS-AT-WORK. RUNNING EVENTS. LIVE MUSIC, DANCE. PERFORMING ARTS. ARTWORKS. CAR SHOWS. FIREWORK SHOWS AND CUISINE. IN CLASS 41 (US. CLS. I00, I01 AND 107). FIRST USE I2-31-I930; IN COMMERCE 7-7-201 I. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE FESTIVAL AND I'CEI.IAR SPRINGS MICHIGAN. APART FROM THE MARK AS SHOWN. THE COLOR(S) RED. WHITE AND BLACK ISIARE CLAIMED AS A FEATURE OF THE MARK. I1-IE MARK CONSlS'I"S OF A CIRCULAR BANNER WHERE THE TOP HALF OF THE BANNER IS IN RED WITH THE LITERAL E..EMEN'I'S THE RED FLANNEL FESTIVAL" IN WHITE; THE BUFIUM HALF OF THE BANNER IS IN RED WITH THE LITERAL ELEMENTS "CEDAR SPRINGS-MICHIGAN" IN WI-ITFE. IN THE CENTER OF TI-IE BANNER ARE RED AND WHITE TROUSERS HANGING ON A BLACK CLOTI-IESLENB WITH TWO WHITE CI..OIHESPINS ON A WHITE BACKGROUND. Tl-IE BANNER AND CLOTHESPINS ARE OUTLINED IN BLACK. SER. NO. 85-371.060. FILED 744-201 I. ALICIA COLLINS. EXAMINING ATTORNEY

Diana-nflIllhilndSIl|:shlulIIdTrIluuIiOlIiuI

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' ntateszufg

ute; atzut null illrahemark

R 113.;

REDFLANNELFESTIVAL

Reg, No, 4,141,591 THE RED FLANNBL FESTIVAL (MICHIGAN NON-PROFIT CORPORATION) PO Box 43 Registered May 15, 2012 21 11 MAPLE smear
CEDAR SPRINGS. MI 49319

Int. CL: 41
SERVICE MARK
PRINCIPAL REGISTER

FOR: ENTERTAINMENT SERVICES. NAMELY, ORGANIZING COMMUNITY FESTIVALS FEATURING PARADES. GOLF OUTINGS. WINE TASTINGS. SHOWCASBS OF MICHIGAN ARTISANS-AT-WORK, RUNNING EVENTS. LIVE MUSIC. DANCE. PERFORMING ARTSARTWORKS. CAR SHOWS. FIREWORK SHOWS AND CUISINE, IN CLASS 41 (US. CLS. I00, 101 AND 1117). FIRST USE 8-14-1973: IN COMMERCE 8-14-1978. Tl-IE MARK CONSISTS OP STANDARD CHARACTERS WI1"I~IOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "FESTIVAL". APART FROM THE MARK AS SHOWN. SER. NO. 85-371.056. FILED 7-14-2111 I . ALICIA COLLINS. EXAMINING ATTORNEY

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litbigan 3Bapartment of labor 8: mnnmh tntnlb

ilansting, mitbigan

This is to certijji that on June 3, 2005 the Service Mark

THE RED FLANNEL FESTIVAL was registered in this oice in accordance with the provisions of Act 242, Public Acts of 1969, as amended, on belmlf of T he Red Flannel Festival, lnc., whose business address is 90 N. Main St., P. O. Box 43, Cedar Springs, Ml 49319. Said marlc was rst used in commerce anywhere on October 1, 1940, was first used in contmerce in Michigan on October I, l940, and is appropriated to the following class of goods or services: I 00. The registration shall remain for a term often years from the date of registration, or renewal tlzereojf unless assigned or cancelled in the manner provided bylaw. The identication number assigned by this oice to said mark is M06094.

in testimony whereof, I have hereunto set my hand and

afxed the Seal of the Department, in the City of Lansing, this 3rd day of June, 2005.

Bureau of Commercial Services

, Director

GOLD SEAL APPEARS ONLY ON ORIGINAL

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Zlansing. Michigan

This is to certifjl that on June 3, 2005 the Service Mark THE RED FLANNEL 1TOi/i'ti"\.'r was registered in tlu's office in accordance with the provisions of Act 242, Public Acts of] 969, as amended, on behalf of The Red Flannel Festival, inc., whose business address is 90 N. Main St., P. O. Box 43, Cedar Springs, MI 49319. Said mark was rst used in commerce anywhere on
October I, 1950, was first used in commerce in Michigan on October 1, 1950, and is

appropriated to the following class of goods or services: I 00. The registration shall remain for a term often years from the date of registration, or renewal thereof unless assigned or cancelled in the manner provided by law, The identification number assigned by this oice to said mark is M06092.

in testimony whereof, I have hereunto set my hand and affixed the Seat of the Department, in the City of Lansing, this 3rd day of June, 2005.

Bureau of Commercial Services

QM/dr/~,

60113 SEAL APPEARS ONLY ON ORIGINAL

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