IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN THE RED FLANNEL FESTIVAL, a Michigan Corporation Claimant,

v. CITY OF CEDAR SPRINGS, a Michigan Municipal Corporation Defendant. NOTICE OF INTENTION TO FILE CLAIM Claimant, THE RED FLANNEL FESTIVAL (hereinafter RFF), in compliance with the terms of MCL 88.20 and Charter for the City of Cedar Springs 8.5, for its notice to Defendant, CITY OF CEDAR SPRINGS, a Michigan Municipal Corporation (hereinafter Defendant or City) states: 1. Claimant intends to file a claim against the City of Cedar Springs, a Michigan municipal corporation. 2. The claim is based on the following facts: a. On or about the year 1939, RFF began using the RED FLANNEL FESTIVAL trademark in association with an event it organizes and hosts annually in the city of Cedar Springs, Michigan. b. On June 3, 2005, RFF registered several of its trademarks with the State of Michigan, Department of Labor and Economic Growth. c. On May 15, 2012, RFF obtained federal registration for its RED FLANNEL FESTIVAL and DESIGN trademark having a circular design or logo containing the words THE RED FLANNEL FESTIVAL CEDAR SPRINGS - MICHIGAN for entertainment services. d. Upon information and belief, City, in common with the public, is well aware of the vast and valuable goodwill and reputation represented and symbolized by RFFs trademarks. NOTICE OF INTENTION TO FILE A CLAIM Civil Action No.

e. Upon information and belief, City, having knowledge of RFFs trademarks, has offered for sale and/or otherwise used in interstate commerce, trash cans, street signs, license plate covers, website content, vehicles, business cards, park benches, and brochures, among other items, bearing the RFF trademarks and confusingly similar alternatives thereof. f. City uses the THE RED FLANNEL TOWN mark and the corresponding circular logo on service identifying items such as business cards and websites that are identical to the service identifying items on which RFF uses its trademarks. g. To the extent any actual and/or implied license existed between RFF and City, such license has been terminated. h. Accordingly, City is infringing and unfairly benefiting for its use of RFFs trademarks, and in doing so is diluting the RFFs marks. 3. Claimant alleges the following items of damage and seeks recovery for them: a. Preliminarily and permanently enjoining and restraining City and its respective officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with City from using the THE RED FLANNEL TOWN mark and the corresponding THE RED FLANNEL TOWN circular logo, or any mark that is confusingly or deceptively similar to RFFs trademarks, either alone or in conjunction with other words or symbols, as part of any trademark, service mark, logo, trade name, corporate name, assumed name, domain name, or in relation to any services advertised or provided by City, or in any other manner. b. Directing City, pursuant to 15 U.S.C. 1118, to destroy all literature, signs, labels, prints, packages, wrappers, containers, advertising materials, Internet content, stationary, business cards, park benches, vehicles and any other items in their possession or control which contain the infringing designation THE RED FLANNEL TOWN, or any term confusingly or deceptively similar to RFFs trademarks, either alone or in combination with other words or symbols. c. Awarding RFF all damages permitted by 15 U.S.C. 1117, including attorney's fees and trebled damages. d. Awarding RFF all profits, gains, benefits, and advantages derived by City from its unjust enrichment and other conduct as alleged herein. e. Awarding RFF exemplary and/or punitive damages by reason of Citys willful, intentional, and malicious acts. f. Awarding RFF such further relief as the Court deems just and proper.

I declare that the statements above are true to the best of my information, knowledge, and belief. The Red Flannel Festival, Claimant

Dated: _______

/s/______________________ By: Michele T. Andres Its: President

Prepared by: PRICE HENEVELD, LLP Attorneys for Claimant

/s/______________________ By: Frank M. Scutch III 695 Kenmoor S.E. P.O. Box 2567 Grand Rapids, MI 49501