bricolage law llc 1080 beacon street, ste.

4d
brookline, massachusetts 02446
(508) 734-3404

www.bricolagelaw.com
Eve J. Brown
Email: ejbrown@bricolagelaw.com

July 13, 2017

Joseph D. Lewis
Barnes & Thornburg LLP
1717 Pennsylvania Ave. NW
Suite 500
Washington, DC 20006
joe.lewis@btlaw.com

Re: Chowdaheadz Take a Hike Merchandise

Dear Mr. Lewis:

Our firm represents Born Into It, Inc., d/b/a Chowdaheadz in intellectual property matters. We
are in receipt of your letter dated June 28, 2017 regarding Long Trail Brewing Company of
Vermonts objection to the use of the phrase TAKE A HIKE by Chowdaheadz.

While we appreciate that your client has used TAKE A HIKE on clothing and miscellaneous
items for many years, we must point out that the phrase itself appears in every English-language
dictionary in publication, and has been in widespread public use since at least as early as 1809. It
is the epitome of the type of common, generic phrase that should not be monopolized by a single
owner.

To illustrate this point, representative examples of clothing items for sale with the phrase Take a
Hike on them are attached to this letter. You will note that Google retrieved listings for 642,000
such items in 0.46 seconds. You may also note that my clients item appeared as the top search
result, while, in contrast, your client did not appear at all.

After carefully reviewing your clients trademark registrations and your legal claims, it is our
opinion that there is no basis for your demands. Not only are your clients registrations subject to
cancellation on the basis of genericness, but your clients continued assertion of such a generic
mark against third parties is both anti-competitive and antithetical to the spirit of the Lanham
Act.

Even if your clients mark was not generic, your claims would be undermined by the fact that
Chowdaheadz is not using Take a Hike as a trademark. Instead, the phrase appears
ornamentally, on items that are clearly and conspicuously branded as emanating from
Chowdaheadz. As such, any threats against my client are tenuous at best.

1
In sum, our client is not inclined to cease its use of Take a Hike. Long Trails trademark rights,
if any, in the phrase are exceedingly weak. Consumers do not associate the phrase exclusively
with Long Trail, and are certainly not likely to assume that Long Trail is the source of Take a
Hike as used in Chowdaheadz items.

Should you wish to discuss this matter in more detail, please feel free to contact me at
ejbrown@bricolagelaw.com

Best regards,

Eve J. Brown

2
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