BARNES & THORNBURGur 1297 Pemeylemin Ave LW, Suite $00 Joseph D. Lewis nail joe lwisGlaw com June 28, 2017 ‘VIA UPS EXPRESS. Mr. Ryan P. Gormady Born Into It, Inc. doing business as Chowdaheadz 35B Industrial Parkway Wobum, MA 01801 Re: Infringement of Federally Registered “TAKE A HIKE!” Trademark Our Ref.: 726-263341 Dear Mr. Gormady: We are writing to you on behalf of Long Trail Brewing Company of Vermont (referred to herein as "Long Trail"). For decades, Long Trail has been marketing a variety of high quality products. Long Trail’s reputation for high quality products is symbolized by its trademarks. Among Long Trail's most important trademarks is “TAKE A HIKE,” which has long been used to identify both the company and its products. The trademark is printed directly on its products and product labels and also in advertising, such as on Long Trail’s Intemet web site (htip://www.longtrail.com). A close association has developed in the public’s mind between the phrase “TAKE A HIKE” and our client. Long Trail has been awarded several Federal Trademark Registrations for its “TAKE A. HIKE” brand, and is owner of U.S, Trademark Registrations Nos. 3440560, 3637458 and 5151101. Copies of these trademark registrations are attached, ‘These registrations give Long Trail the exclusive right to use “TAKE A HIKE!” and any similar phrases in connection with the identification and marketing of all of the goods and services set forth in the registrations, The covered products specifically include t-shirts. It has come to Long Trail’s attention that Bom Into It, Inc., doing business as ‘Chowdaheadz (“Chowdahead2”) has been selling “TAKE A HIKE” t-shirts. Enclosed is a copy of the product pages for this item. ‘The “TAKE A HIKE” phrase which has been adopted and used by Chowdaheadz is the same phrase that Long Trail has long been using as its brand. Atlanta Chicago Delaware Indiana Los Angeles Michigan Minuespolis Ohio Wathington, D.C.Mr. Ryan P. Gormady Born Into It, Ine. doing busin June 28, 2017 Page 2 s Chowdaheadz. The sale by Chowdaheadz of its “TAKE A HIKE” tshirts is likely to cause confusion, mistake and/or deception among present and potential customers, and is likely to ereate the fal impression that these Chowdaheadz products are somehow affiliated or associated with Long Trail or its products, Consequently, the use by Chowdaheadz of “TAKE A HK! with t-shirts constitutes trademark infringement and unfair competition, in violation of the federal laws, including the Lanham Act, 15 U.S.C. § 1114 and 112S(a), as well as other laws governing trademarks, unfair competition, and deceptive trade practices. Therefore, on behalf of Long Trail, we request that Chowdaheadz immediately discontinue use of “TAKE A HIKE” in connection with the sale or marketing of tshirts or any related apparel items, and desist from any future such use of “TAKE A HIKE”. We note that your company website attempts to generally disclaim affiliation with trademark owners by Stating that the t-shirts “do not represent any other companies, sports leagues, individuals, or third parties.” However, such a disclaimer does not give Chowsahead free license to use the trademarks of others. Moreover, this language on the company web site would not be seen by people encountering the design in retail stores or on the street, and it is unlikely that even your online customers would be cognizant of this fine print. ‘Thus, this is both legally jent and factually ineffective in avoiding infringement nsul ase let us know by July 14, 2017 if Chowdaheadz will comply with Long ‘Trail’s request. If Chowdaheadz does not respond to this letter or comply with Long Trail’s request, then Long Trail will have little choice but to pursue and seek available legal redress to protect and enforce its rights It is Long Trail’s desire to avoid formal legal action and, now that you have been put on formal notice of Long Trail’s rights, it is hoped that the matter can be resolved amicably with yoluntary compliance with the law by Chowdaheadz, However, nothing in this letter is intended to be and should not be construed as a waiver or relinquishment of any of Long Trail’s rights or remedies, all of which are expressly reserved. Very truly yours, BARNES & THORNBURG LLP. Joseph D. Lewis IDLichb Enclosures: Federal ‘Trademark Registrations Chowdaheadz product page BARNES & THORNBURG 11mies q i ae = 7 == BSN 4 i an aInt, Ch: 25 Prior U.S, Cis.: 22 and 39 Reg. No. 3,637,458 United States Patent and Trademark Office Registered Jun 16,2009 TRADEMARK PRINCIPAL REGISTER TAKE A HIKE! LON TAAL ARNG COMPANY WHRMONT TEN cons oF ARO te ean quae JCT. ROUTE 4 & 100A ” emnebaael BEES Sans os FOR: SHIRTS; SHORT-SLEEVED OR LONG. _ OWNER OF US. REG. NO. 2015008, oS SRE ae TERASENT NCES GEL son no moon men iatam, sas FIRST USE 04-1990 IN COMMERCE 0.0:1990, KATHERINE STOIDES, EXAMINING ATTORNEY.Trademark Flectrie Search Spstem (TESS) Filing Basis “* Published for December 13, 2016 Opposition Registration fee Sialioi Registration a ae February 28, 2017 Owner (REGISTRANT) Long Trail Brewing Company CORPORATION VERMONT 5520 US Route 4 Bridgewater Comers VERMONT 080359600 Attorney of Aaoene Joseph D. Lewis 2018088;3440560;3637458 Type of Mark TRADEMARK. SERVICE MARK Register PRINCIPAL, LiveiDead Indicator uve TS es mes ES TE SOT I ET | Home | SITe NOEKI SEARCH | eBUSINESS | MELP | PRIVACY POLICY -muptmseareh. spt gov hin how fe -doekstate~4807 a9? 7 6/26/2017 508-16 PM]Trademark Electron Search System (TESS) Mae nie Cann) €3 Poe ce Og ee eee ea} Trademarks > Trademark Electronic Search System (TESS) TESS was last updated on Mon Jun 26 05:32:25 EDT 2017 EY CS inma_] Please logout when you are done to release system resources allocated for you Td aist at: on LED to record: Record 1 out of 8 (Use the "Back" button of the Internet Browser to return to TESS) TAKE A HIKE! Word Mark Goods and Services Standard Characters Claimed Mark Drawing Code Serial Number Original Inapsimsearchansptosov/bin/show itd doc destatemd807:Rgi%2 7.116 TAKE A HIKE: IC 008. US 002 012 013 014 023 025 050. G & S: Key fobs of common metal; Metal key rings; Metal key chains, Metal novelty license plates; Metal botte opener-key rings; Souvenir license plates of metal, FIRST USE: 20100000. FIRST USE IN COMMERCE: 20100000 IC 016. US 002 005 022 023 029 037 038 050. G & S: Stickers; Bumper stickers, FIRST USE: 20100000. FIRST USE IN COMMERCE: 20100000 IC 021. US 002 013 023 029 030 033 040 O50. G & S: Flasks: Insulating sleeve holder for hoes: Insulating sieeve holders for beverage cans; Vacuum bottles; Vacuum flasks; Drinking flasks; Insulated flasks; Insulated vacuum flasks: Neoprene zippered bottle holders. FIRST USE: 20100000. FIRST USE IN COMMERCE: 20100000 Ic 027. US 019 020 037 042 050. G & S: Rubber mats. FIRST USE: 20150000. FIRST USE IN COMMERCE 20150000, IC 043. US 100 101. G & S. Pubs; Restaurant and bar services; Restaurant services; Bar and restaurant services. FIRST USE: 20150000. FIRST USE IN COMMERCE: 20150000 (4) STANDARD CHARACTER MARK 87115075 July 25, 2016 1A 17 3:08:16 PMREQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION. WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS. Requirements in the First Ten Years* ‘What and When to File: + First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the Sth and 6th years after the registration date. See 15 U.S.C. $§1058, 141k. If the declaration is accepted, the registration will continue in force for the remainder of the ten-year period, calculated from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a federal court. + Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. $1059. Requirements in Successive Ten-Vear Periods* ‘What and When to File: + You must file @ Declaration of Use (or Excusable Nonuse) and an Application for Renewal Grace Period Filings* ‘The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee. ‘ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an intemational registration with an ‘extension of protection tothe United States under the Madrid Protocol must timely file the Declarations of Use {or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO). ‘The time periods for filing are based on the U.S. registration date (not the international registration date). The deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations. See 15 U.S.C. §§1088, 141k. However, owners of international registrations do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underiying intemational registration at the Intemational Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the date of the international registration. See 15 U.S.C. §114]j. For more information and renewal forms for the international re 3 se htip:/wwrw.wipo.invmadrid/en. NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the USPTO website for further information. With the exception of renewal applications for registered extensions of protection, you can file the registration maintenance documents referenced above online at h ‘ups wwwuspto.gov. NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark owners/holders who authorize e-mall communication and maintain a current e-mall address with the USPTO. To ensure that c-mail is authorized and your address is current, please use the Trademark Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms available at hitpy//www.uspto gov. Page: 2 of 2/ RN #5151101ited States of Amery, Gnited States Patent and Trademark GOffice ty TAKE A HIKE! Reg. No. 5,151,101 Registered Feb. 28, 2017 Int. Ch: 6, 16, 21, 27, 43 Service Mark Trademark Principal Register Wich, Ko La Director of the United States Patent and Trademark Office Long Trail Brewing Company (VERMONT CORPORATION) P.O. Box 168, Jet, Rowe 4 & 100A. Bridgewater Comers, VT 05035, CLASS 6: Key fobs of common metal; Metal key rings; Metal key chains; Metal novelty license plates; Metal bole opener-key rings; Souvenir license plates of metal FIRST USE 00-00-2010; IN COMMERCE 00-00-2010 cass ers: Bumper stickers FIRST USE 00-00-2010; IN COMMERCE 00-00-2010 sleeve holder for bots; Insulting sleeve holders for beverage ‘cans; Vacuum bottles; Vacuum flasks; Drinking flasks; Insulated flasks; Insulated vacuum flasks; Neoprene zippered botle holders FIRST USE 00-00-2010; IN COMMERCE 00-00-2010 FIRST USE 00-00-2015; IN COMMERCE 00-00-2015 CLASS 43: Pubs; Restaurant and bar services; Restaurant services; Bar and restaurant FIRST USE 00-00-2015; IN COMMERCE 00-00-2015 ‘THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE, SIZE OR COLOR OWNER OF U.S. REG. NO. 3440560, 3637458, 2015088 SER. NO. 87-115,075, FILED 07-25-2016 LESLEE ANN FRIEDMAN, EXAMINING ATTORNEYTrademark Flecronie Search System (TESS) Owner (REGISTRANT) Long Trail Brewing Company CORPORATION VERMONT 5520 US Route 4 Bridgewater Corners VERMONT 050359600 Attorney of Record Prior Rogistrations Type of Mark = TRADEMARK Joseph D. Lewis 2015088 Register PRINCIPAL, Affidavit Text SECT 15, PARTIAL SECT 8 (6-YR) LiverDead Indicator LE ES Prev poc [ec sa os] Te CO Diap:/imsearch.usplo.govbin/show fel oods te=$RO7%S Ak ge2.7.41626/2017 309586 POM]‘Trademark Electronic Search Ssstem (TESS) resets cna ete Ce Oe ee eae a Trademarks > Trademark Electronic Search System (TESS) TESS was last updated on Mon Jun 26 05:32:25 EDT 2017 LS LY Tima] Please logout when you are done to release system resources allocated for you. List At: or LEI to recora: Record 4 out of 8 SE (Use the "Back" button of the Internet Browser to return to TESS) TAKE A HIKE! Word Mark TAKE A HIKE! Goods and (CANCELLED) IC 028. US 046. G & S: [trail mix, namely, a snack mix consisting primarily of processed fruits, Services processed nuts andior raisins J. FIRST USE: 20080610. FIRST USE IN COMMERCE: 20050610 IC 032. US 045 046 048. G & S: beer, ale, FIRST USE: 19940000, FIRST USE IN COMMERCE: 19940000 Standard Characters Claimed Mark 0: Cane Drawing (4) STANDARD CHARACTER MARK ‘Trademark Search Facility NOTATION-SYMBOLS Notation Symbols such as Non-Latin characters,punctuation and mathematical Classification _signs.zodiac signs, prescription marks Code Serial Number 77387287 Filing Date December 20, 2007 Current Basis 1A Original Filing Basis " Published for Opposition March 18, 2008 Change In cower Registration IN REGISTRATION HAS OCCURRED Registration ieee 3440860 Registration Date June 3, 2008 iptnsearh. usp. goin show field doctstate=4807%3 Ake 16/26/2017 3509456 PNInt, Cls.: 29 and 32 Prior U.S. Cis: 45, 46 and 48 Reg. No. 3,440,560 United States Patent and Trademark Office Repsered Jee 3.2008 TRADEMARK PRINCIPAL REGISTER: TAKE A HIKE! LONG TRAIL BREWING COMPANY (VERMONT CORPORATION). JCT. ROUTE & 1008, P20 BOX 168 BRIDGEWATER CORNERS, VT 0s035 FOR: TRAIL MIX, NAMELY. A SNACK MIX CONSISTING PRIMARILY OF PROCESSED FRUITS, PROCESSED NUTS AND OR RAISINS, IN CLASS 79(US.CL.46) FIRST USE 6102005 IN COMMERCE 6102003. FOR: BEER, ALE, IN CLASS 32 (US. CLS. 45, 46 AND 48) FIRST USE 040.199; IN COMMERCE 0-0.1994. THE MARK CONSISTS OF STANDARD CHAR- ‘ACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE.OR COLOR. OWNER OF US. REG. NO. 2015088 SER. NO.77.957242, FILED 12-902007 KRISTIN DAHLING, EXAMINING ATTORNEYTrademark Hetrnie Search System (1 Record ec 2015088 Registrations Typo of Mark TRADEMARK Rogistor PRINCIPAL Affidavit Text SECT 18. SECT 8 (6-VR) LivelDead Indicator LE Ipaevboc [ NexrDoo EES ST SS CP | HOME |SITE INDEX} SEARCH | eSUSNESS | MELP | PRIACY POUCY hnptmsearch asp. gov/bin hos ied doctstate= 4807943 Akga9e2,7.3]6!26/2017 3:09:09 PMTrademarks > Trademark Electronic Search System (TESS) TESS was fast updated on Mon Jun 26 05:32:25 EDT 2017 EN ne a Tm] Please logout when you are done to release system resources allocated for you. List At on LE] to recora: Record 3 out of 8 | tsor_ | BEES ( Use the “Back” button of the Internet Browser to return to TESS) TAKE A HIKE! Word Mark TAKE A HIKE! Goods and IC 025. US 022 039. G & S: Shirts; Short-sleeved [ oF long-sleeved | t-shirts; Sweat shirts [ ; Cyclists’ jerseys; Sorvices Jerseys: Sports jerseys; Caps; Caps with visors; Hats ]. FIRST USE: 19900000. FIRST USE IN COMMERCE: 19900000 Standard Characters Claimed Mark Drawing (4) STANDARD CHARACTER MARK ‘Trademark Search Facility NOTATION-SYMBOLS Notation Symbols such as Non-Latin characters,punctuation and mathematical Classification _signs zodiac signs,prescription marks Code Serial Number 77378906 Filing Date January 23, 2008 Current Ba 1A Original Filing Basis 1A Published for March 31, 2 Opposition ous Registration a 3637458 Registration Date June 16, 2009 Owner (REGISTRANT) Long Trail Brewing Company CORPORATION VERMONT 5520 US Route 4 Bridgewater Comers VERMONT 050359600 ‘Attorney of Joseph D. Lewis vay 5109209 PM] carchanplo zovbin/show eld -docstate= 4807243 Akgae. 7.3162