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By 37D5ED
By 37D5ED

May 17, 2023

TO THE PERSONS WITH WALLET ADDRESSES LISTED BELOW AND ALL COLLECTORS

Attn: 0xd8E2D95C8614F28169757cD6445a71c291dEc5bF Re: “Grumpy Cat” cryptocurrency offering Notice of Trademark Infringement / DEMAND TO CEASE AND DESIST This law firm represents Grumpy Cat Limited, the worldwide owner of the trademark rights for the “Grumpy Cat” Trademark at the US Patent and Trademark Office (Reg. Nos. 4907213, 4907212, 4672289, 4527097, 4417549, 6950878), visual marks (registration No. 4820434,

4930286, 5073528), in connection with, amongst other products and services, Cryptocurrency- related products and services in International Classes 009, 036, and 042 (collectively the

“Trademarks”). It has come to our attention that certain persons have attempted to offer a “GrumpyCat”- labeled cryptocurrency bearing the GRUMPY CAT trademarks (the “Infringing Offering”) on your website https://grumpycat.fyi (Exhibit A). Such offering, and all related promotional activities surrounding it constitute blatant and willful infringements of our client’s trademarks rights. Grumpy Cat limited has never authorized these offerings nor given its consent to the use of its Trademarks in connection with this cryptocurrency offering. To be clear, the use of the Grumpy Cat Trademarks, in connection with the Infringing Offering, and the display and distribution of our client’s Trademark to advertise and sell the Infringing Offering constitutes trademark infringement under §32 of the Lanham Act. It is therefore irrefutable that such infringing uses create actual confusion among consumers regarding the source of the goods, leading them to believe that this coin is somehow affiliated with our client. It is not. This offering is therefore clearly intended to deceive consumers. Furthermore, the use of the “Grumpy Cat” on the cryptocurrency offering without our client’s authorization constitutes an unlawful false designation of origin and as such, violates § 43(a) of the Lanham Trademark Act. The persons marketing this Infringing Offering were never authorized by our client or anyone on its behalf to create cryptocurrency bearing Grumpy Cat Trademarks. The clear misappropriation and theft of our client’s actual Trademarks, and the use of the above-stated channels to advertise and offer such cryptocurrency creates actual confusion among consumers regarding the source of the goods and services, and indicates that our client is

Grumpy Cat Limited Grumpy cryptocurrency offering May 17, 2023 Page 2 associated with, or has endorsed these Infringing Offerings, when it has not. Hence, the use of “Grumpy Cat” on these cryptocurrency offerings misrepresents the origin of the goods and services and willful “passing off” of such goods as being endorsed by our client. They are not. Finally, based on your bad faith registration and use of the “grumpycat.fyi” domain name, you may be found liable for violation of the federal Anticybersquatting Consumer Protection Act pursuant to 15 U.S.C. § 1125(d). If found liable, the Act provides for statutory damages of no less than $1,000.00 and up to $100,000.00 for the infringing domain name. In addition to liability under the Act, numerous courts have restrained individuals from the use of infringing and diluting domain names and ordered the deletion and/or transfer of the domain names1 . Conformably, demand is hereby made that all persons directly, vicariously, or contributorily involved in the offering, sale, exchange, promotion, listing or any and all other activities related to this “GrumpyCat” Infringing Offering and all other variations of the foregoing which incorporate, reproduce, distribute, adapt, or otherwise use our clients’ “GRUMPY CAT” related Trademarks immediately STOP and FURTHER REFRAIN from all such infringing activities, including the take down of all related listing pages, and other online properties branded with or otherwise using the Trademarks, and the de-listing of the Infringing Offering from all exchanges. Furthermore, all persons or entities rendering services to https://grumpycat.fyi , or in any way contributing to the herein-stated infringing act are hereby notified that they will necessarily be held legally liable for direct and/or contributory and/or vicarious infringements of our clients’ Trademarks, including use of the same to promote the Infringing Offering. Unless full compliance with our demands herein is obtained, our client will proceed to file a lawsuit for trademark infringement and any other appropriate causes of action against all persons who are contributively, vicariously or directly aiding this infringement including but not limited to all parties in the supply and distribution chain who may in any way have benefitted from these infringing activities, as well as any service providers whom are contributing thereto.

1 See e.g., Jews for Jesus v. Brodsky, 993 F. Supp. 282, 293 (E.D.N.J), aff’d, 159 F.3d 1351 (3d Cir. 1998); Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316 (9th Cir. 1998); Playboy Enter., Inc. v. Calvin Designer Label, 985 F. Supp. 1221, 1219 (N.D. Cal. 1997); Teletech Customer Care Management (California), Inc. v. Teletech Communications, Inc., 977 F. Supp. 1407, 1415 (C.D. Cal. 1997); Toys “R” Us, Inc. v. Akkaoui, 40 U.S.P.Q.2d (BNA) 1836, 1840 (N.D. Cal. 1996); Fujisankei Communications, Int’l v. Claxton, 1998 U.S. Dist. LEXIS 1790 * 2 (S.D.N.Y. 1998); Toys “R” US, Inc. v. Abir, 45 U.S.P.Q.2d (BNA) 1944, 1949 (S.D.N.Y. 1997); Planned Parenthood Fed’n of Am., Inc. v. Bucci, 42 U.S.P.Q.2d (BNA) 1430, 1441 (S.D.N.Y. 1997), aff’d, 1998 U.S. App. LEXIS 22179 (2d Cir.), cert. denied, 119 S. Ct. 90, (1998); Green Prods. Co. v. Independence Corn By-Prods. Co., 992 F.Supp.1070, 1080 (N.D. Iowa 1997); Hasbro, Inc. v. Internet Entertainment Group, Ltd., 40 U.S.P.Q.2d (BNA)1479, 1480 (W.D. Wash 1996).

Grumpy Cat Limited Grumpy cryptocurrency offering May 17, 2023 Page 3 The foregoing is not intended to be an exhaustive listing of all the remedies available to our client in connection with the claims set forth herein. The foregoing is without prejudice to any remedy, claim, or defense otherwise available to our client under the law, all of which are expressly reserved. We trust you appreciate the severity of this claim and will act reasonably to avoid unnecessary litigation.

Sincerely yours, /Kia Kamran/ Kia Kamran ATTORNEY AT LAW

Demand To Cease And Desist collection image
Contract Address0x495f...7b5e
Token ID
Token StandardERC-1155
ChainEthereum
MetadataFrozen
Last Updated11 months ago
Creator Earnings
10%

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By 37D5ED
By 37D5ED

May 17, 2023

TO THE PERSONS WITH WALLET ADDRESSES LISTED BELOW AND ALL COLLECTORS

Attn: 0xd8E2D95C8614F28169757cD6445a71c291dEc5bF Re: “Grumpy Cat” cryptocurrency offering Notice of Trademark Infringement / DEMAND TO CEASE AND DESIST This law firm represents Grumpy Cat Limited, the worldwide owner of the trademark rights for the “Grumpy Cat” Trademark at the US Patent and Trademark Office (Reg. Nos. 4907213, 4907212, 4672289, 4527097, 4417549, 6950878), visual marks (registration No. 4820434,

4930286, 5073528), in connection with, amongst other products and services, Cryptocurrency- related products and services in International Classes 009, 036, and 042 (collectively the

“Trademarks”). It has come to our attention that certain persons have attempted to offer a “GrumpyCat”- labeled cryptocurrency bearing the GRUMPY CAT trademarks (the “Infringing Offering”) on your website https://grumpycat.fyi (Exhibit A). Such offering, and all related promotional activities surrounding it constitute blatant and willful infringements of our client’s trademarks rights. Grumpy Cat limited has never authorized these offerings nor given its consent to the use of its Trademarks in connection with this cryptocurrency offering. To be clear, the use of the Grumpy Cat Trademarks, in connection with the Infringing Offering, and the display and distribution of our client’s Trademark to advertise and sell the Infringing Offering constitutes trademark infringement under §32 of the Lanham Act. It is therefore irrefutable that such infringing uses create actual confusion among consumers regarding the source of the goods, leading them to believe that this coin is somehow affiliated with our client. It is not. This offering is therefore clearly intended to deceive consumers. Furthermore, the use of the “Grumpy Cat” on the cryptocurrency offering without our client’s authorization constitutes an unlawful false designation of origin and as such, violates § 43(a) of the Lanham Trademark Act. The persons marketing this Infringing Offering were never authorized by our client or anyone on its behalf to create cryptocurrency bearing Grumpy Cat Trademarks. The clear misappropriation and theft of our client’s actual Trademarks, and the use of the above-stated channels to advertise and offer such cryptocurrency creates actual confusion among consumers regarding the source of the goods and services, and indicates that our client is

Grumpy Cat Limited Grumpy cryptocurrency offering May 17, 2023 Page 2 associated with, or has endorsed these Infringing Offerings, when it has not. Hence, the use of “Grumpy Cat” on these cryptocurrency offerings misrepresents the origin of the goods and services and willful “passing off” of such goods as being endorsed by our client. They are not. Finally, based on your bad faith registration and use of the “grumpycat.fyi” domain name, you may be found liable for violation of the federal Anticybersquatting Consumer Protection Act pursuant to 15 U.S.C. § 1125(d). If found liable, the Act provides for statutory damages of no less than $1,000.00 and up to $100,000.00 for the infringing domain name. In addition to liability under the Act, numerous courts have restrained individuals from the use of infringing and diluting domain names and ordered the deletion and/or transfer of the domain names1 . Conformably, demand is hereby made that all persons directly, vicariously, or contributorily involved in the offering, sale, exchange, promotion, listing or any and all other activities related to this “GrumpyCat” Infringing Offering and all other variations of the foregoing which incorporate, reproduce, distribute, adapt, or otherwise use our clients’ “GRUMPY CAT” related Trademarks immediately STOP and FURTHER REFRAIN from all such infringing activities, including the take down of all related listing pages, and other online properties branded with or otherwise using the Trademarks, and the de-listing of the Infringing Offering from all exchanges. Furthermore, all persons or entities rendering services to https://grumpycat.fyi , or in any way contributing to the herein-stated infringing act are hereby notified that they will necessarily be held legally liable for direct and/or contributory and/or vicarious infringements of our clients’ Trademarks, including use of the same to promote the Infringing Offering. Unless full compliance with our demands herein is obtained, our client will proceed to file a lawsuit for trademark infringement and any other appropriate causes of action against all persons who are contributively, vicariously or directly aiding this infringement including but not limited to all parties in the supply and distribution chain who may in any way have benefitted from these infringing activities, as well as any service providers whom are contributing thereto.

1 See e.g., Jews for Jesus v. Brodsky, 993 F. Supp. 282, 293 (E.D.N.J), aff’d, 159 F.3d 1351 (3d Cir. 1998); Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316 (9th Cir. 1998); Playboy Enter., Inc. v. Calvin Designer Label, 985 F. Supp. 1221, 1219 (N.D. Cal. 1997); Teletech Customer Care Management (California), Inc. v. Teletech Communications, Inc., 977 F. Supp. 1407, 1415 (C.D. Cal. 1997); Toys “R” Us, Inc. v. Akkaoui, 40 U.S.P.Q.2d (BNA) 1836, 1840 (N.D. Cal. 1996); Fujisankei Communications, Int’l v. Claxton, 1998 U.S. Dist. LEXIS 1790 * 2 (S.D.N.Y. 1998); Toys “R” US, Inc. v. Abir, 45 U.S.P.Q.2d (BNA) 1944, 1949 (S.D.N.Y. 1997); Planned Parenthood Fed’n of Am., Inc. v. Bucci, 42 U.S.P.Q.2d (BNA) 1430, 1441 (S.D.N.Y. 1997), aff’d, 1998 U.S. App. LEXIS 22179 (2d Cir.), cert. denied, 119 S. Ct. 90, (1998); Green Prods. Co. v. Independence Corn By-Prods. Co., 992 F.Supp.1070, 1080 (N.D. Iowa 1997); Hasbro, Inc. v. Internet Entertainment Group, Ltd., 40 U.S.P.Q.2d (BNA)1479, 1480 (W.D. Wash 1996).

Grumpy Cat Limited Grumpy cryptocurrency offering May 17, 2023 Page 3 The foregoing is not intended to be an exhaustive listing of all the remedies available to our client in connection with the claims set forth herein. The foregoing is without prejudice to any remedy, claim, or defense otherwise available to our client under the law, all of which are expressly reserved. We trust you appreciate the severity of this claim and will act reasonably to avoid unnecessary litigation.

Sincerely yours, /Kia Kamran/ Kia Kamran ATTORNEY AT LAW

Demand To Cease And Desist collection image
Contract Address0x495f...7b5e
Token ID
Token StandardERC-1155
ChainEthereum
MetadataFrozen
Last Updated11 months ago
Creator Earnings
10%
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