May 17, 2023

TO THE PERSONS WITH WALLET ADDRESSES LISTED BELOW AND ALL COLLECTORS

Attn: 0x0ebE30595a44E5288C24161dDfC1E9fa08E33a0C Re: “Nyan Meme Coin” cryptocurrency offering Notice of Copyright and Trademark Infringement/ DEMAND TO CEASE AND DESIST

We represent Nyanify, Inc. and Mr. Christopher Orlando Torres, the worldwide copyright owners of the visual images of the world-famous “Nyan Cat” as evidenced by U.S. Copyright Registration Number VAu001063390 (the “Work”) depicted below, and of the trademark rights for the “Nyan Cat” design trademarks (Registration Numbers: 4377351 and 4457316, respectively) also depicted below, and the “NYAN CAT” word trademark (Registration Number: 4376980) as registered with the United States Patent and Trademark Office (collectively, the “Marks”). Copyrighted image Trademarked Design

Since it was posted on YouTube in April 2011, Nyan Cat has become an internet viral phenomenon, with over 209 Million YouTube views, and an instantly-recognizable visual work throughout the world. As a result, third party licensees throughout the world have paid and continue to pay significant fees for the association of the Work with their brands, and the use of the Work on various physical and digital goods and services. The Work likewise continues to garner considerable commercial value and income as a result of such lawful uses by licensees such as Mentos, Sprint, Nike, Vitamin Water (Coca Cola), Jakk’s Pacific, Old Spice, Honda Motors, Delta Airlines, and many more companies. The Work has further garnered worldwide attention due to the sale of the original Nyan Cat non-fungible token (NFT) via Foundation.App, and various other collaborations between our client and other legitimate licensees and collaborators with whom our client willingly enters into licensing agreements for financial gain, e.g. Snoop Dogg, DJ Aoki, and many others.

Copyright & Trademark Infringement Nyan Cat Coin May 17, 2023 Page 2 We have just been made aware that persons (collectively the “Infringers”) have misappropriated our clients’ copyrighted Work and trademarked Marks, and are advertising on the website www.nyanmemecoin.com their intent to proceed with a so-called “Nyan Meme Coin” (the “Infringing Offerings”) embodying such Work and Marks (Exhibit A), and also promoted on Twitter, and Telegram. We have also been made aware that the Infringing Offerings have been listed on the following exchanges: Uniswap, DEXTools, and (intended offerings / not listed yet). All such images (and additional evidence) have been retained for purposes of future litigation, if necessary. Obviously, our Clients have never authorized these acts, nor provided any consent to the use of the Work or Marks in connection with any of the foregoing Infringing Offerings. In fact, these offerings, and all related promotional activities surrounding the same constitute blatant and willful infringements of our clients’ copyright and trademarks rights because of the use and incorporation of the Work (and protectible elements thereof) and the Marks on and in, and in connection with, the Infringing Offerings. The Infringing Offerings contain direct copies or adaptations of the Work and uses of the Mark in the reproduction, distribution, listing, advertisement, shilling, and other activities related thereto. All of the foregoing uses of the Work along with the distribution and display thereof constitute an infringement of our clients’ exclusive right of reproduction (17 U.S.C. § 106 (1)), distribution (17 U.S.C. § 106 (3)), public display (17 U.S.C. § 106(5)), and adaptation (17 U.S.C. § 106(2)) under US Copyright law and pursuant to section 17 U.S.C. § 501 thereof. Furthermore, the use of the Marks in connection with Infringing Offerings constitutes trademark infringement under §32 of the Lanham Act and false designation of origin under § 43(a) of the Lanham Act, and has already created actual confusion among consumers regarding the source of the goods, leading them to mistakenly believe that Infringing Offerings are somehow affiliated with our clients. They are not. Evidence of trademark infringement is already apparent through various social media postings connecting our client with the Infringing Offerings. Additionally, the use of the dominant portion our clients’ trademark Nyan Cat in connection with domain name of the website www.nyanmemecoin.com is a 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 names. 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 names. 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). Through the receipt of this letter, persons using our clients’ Marks as domain names have actual notice that your actions constitute trademark infringement, and unfair competition; these acts constitute willfulness and, pursuant to 15 U.S.C. § 1125(c)(2), our clients would therefore be entitled to additional remedies, including attorneys’ fees and damages up to $100,000 USD under 15 U.S.C. § 1125(d). See Cardservice Int’l, Inc. v. McGee, 1997 U.S. Dist. LEXIS 552 (E.D. VA January 16, 1997).

Copyright & Trademark Infringement Nyan Cat Coin May 17, 2023 Page 3 Finally, neither of the foregoing uses of our clients’ Work can be deemed “fair use,” as the mere copying of our clients’ Work is not the type of activity set out in section 107 of the Copyright Act, which Congress listed as examples of where fair use might be found: criticism, comment, news reporting, teaching, scholarship and research. 17 U.S.C. § 107. The Infringers’ promotion and sale of the Infringing Offerings is neither of these activities; the theft of legally protected copyrights and trademarks is neither news reporting, teaching, scholarship or research, nor are the uses made of our clients’ Works in any way transformative, nor nominative. Clearly all of the Infringing Offerings are emblazoned with our clients’ Work and Marks either exclusively, or primarily. A transformative work is one which “adds something new, with a further purpose or different character, altering the first with new expression, meaning or message...” Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994) at 579. Where the infringing work largely consists of the plaintiff’s work, it demonstrates a dearth of transformative character, and is less likely to be

considered a fair use. See Campbell, 510 U.S. 569; see also Los Angeles News Service v. KCAL- TV Channel 9, 108 F.3d 1119 (9th Cir. 1997) (broadcaster’s voice-over over videotape of Reginald

Denny beating held insufficient to be transformative. 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 “Nyan Meme Coin” Infringing Offering and all other variations of the foregoing which incorporate, reproduce, distribute, adapt, or otherwise use our clients’ “NYAN CAT” related Trademarks and Copyrights 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 Copyrights, and the de-listing of the Infringing Offering from all exchanges. Furthermore, all persons or entities rendering services to www.nyanmemecoin.com , 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 and Copyrights, 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. 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.

Copyright & Trademark Infringement Nyan Cat Coin May 17, 2023 Page 4 DMCA NOTIFICATION: We have a good faith belief that the use of the copyrighted material described above is not authorized by the copyright owner, its agent, or the law. The undersigned swears, under penalty of perjury, that the information in the notification is accurate and that we are authorized to act on behalf of the owner of the copyright that is allegedly infringed. Accordingly, this letter shall serve as a so-called “take down notice” under the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”).

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