— Kuss One Kramer “HONIGMAN own scame ees «aga Via Certified Mait December 9, 2013, Mr. Jeff Britton Exit 6 Pub and Brewery LLC 5055 Hwy N Cottleville, MO 63304 | Re: Use of the FRAPPICINO Trademark Dear Mr. Britton, ‘We represent Starbucks Coflee Co, d/b/a Siarbucks Coffee Company and its subsidiaries (collectively, “Starbucks Coffee Co.”) in trademark matters. As you probably know, Starbucks Coffee Co. is the owner of a number of world-famous trademarks, including the well-known FRAPPUCCINO trademark. The FRAPPUCCINO: trademark is widely used and registered in connection with coffee and milk-based drinks, cafe services, and other goods and services. Starbucks Coffee Co. owns a number of US. trademark registrations for the FRAPPUCCINO mark, some of which have achieved ineontesiable status. Examples include U.S. Registration Nos. 3,535,367: 3596-487; 3,496,969; 3,080,371; 2,151,175; and 2,148,086 (excerpis from USPTO website enclosed for your reference). Starbucks Coffee Co. has sold millions of drinks under the FRAPPUCCINO trademark, anil the mark is strong, famous, and firmly associated with Starbucks Coffee Co. in the United States and in many other countries. Ithas recently come to Starbucks Coffee Co.’s atention that Exit 6 Pub and Brewery LLC (“Exit 6°) is or was using the mark FRAPPICINO in connection with a stout~style beer crafted by the brewery. See the link from the Untappd website here: htips/untappd.com/b/exit- six-6-brewwery-fiappicino/239073 (excerpt attoched), The FRAPPICINO mark only differs from ‘Starbucks Coffee Co.’s FRAPPUCCINO mark by one letter, and is phonctically identical. Exit 6's use of this closely similar mark in connection with beer is likely to eause confusion, mistake, ‘or deception among consiamers, who may mistakenly believe that “xit 6 or this beer product is alliliated with or licensed by Starbucks Coffe Co., when they are not Accordingly, Starbucks Corporation requests Exit 6’s written assurances that it will: (1) cease and desist all use (or agree to refrain from re-commeneing use) of the term, ‘Frappicino” or any other mark that is likely to eause confusion with Starbucks Cofiee Co.'s FRAPPUCCINO mark in connection with your products or brewery ‘39400 Woodward Avenue Suite 101 - Bloomfield Hilly Michigan 48304-5151 Deira -LansingOaled ouy Aen Arr alana ras— HONIGMAN Page2 (2) Notify Untapped to remove the referensed listing fem its website; and (9) Agree to refrain from further use of any of Starbucks Coffee Co.'s trademarks inthe future, as wel as any maths that ae likely © cause confusion with or dilution of those marks. Please respond in writing on or before December 23, 2013. Ifyou have any questions regarding this matter, please contact me. Nothing inthis letter is intended to waive any rights, remedies, causes of action, claims or defenses of Starbucks Coffee Co. all of which are ‘expressly reserved. = stot nie ponare nm O9RtLEE ; Amnwaean {amen Anessa Owen Kramer Enclosures so@untappeeom "39400 Woodward Avenue Suite 01 -Bloomield Hills, Michizaa 48304-5151 Peon Law: Olan Coonan bor aamss rasaDear Ms Owen Kramer ‘ce Mr Bucks | represent Exit 6 Pub and Brewery LLC d/b/a “Exit 6”. [am writing in response to your letier dated 12/9/13 in regards to the “Frappuceina” (at risk of further lawsuit heretofore known as “The F Word”) beer listed on Untappd. As you probably don't know, Exit 6 is the proud owner of no trademarks including our own name much less than the name “F Word’ and nothing about Exit 6 is incontestable. Exit 6 has proudly sold at least 38 drinks in Cottleville MO and has a strong presence in St Charles county, a suburb 40 miles outside the St Louis metropolis. It has, recently come to Exit 6 Pub and Brewerys attention that there were 3 check ins to the beer with 2 very similar name to the “F Word”. Unfortunately it was only similar to the F Word because we meant to call it the same thing, Lucky for us, we're poor spelers, I would like for both Ms Owen Kramer and Mr Bucks to rest assured we meant no deception, confusion, or mistaking in the naming of the beer F Word. We never thought that our beer drinking customers would have thought that the alcoholic beverage coming out of the tap would have actually been coffee from one of the many, many, many stores located a few blocks away. I guess that with there being a Starbucks on every comer of every block in every city that some people may think they could get a Starbucks at a local bar. So that was our mistake. ‘We want to be sure that Ms Owen Kramer and Mr Bucks know that Exit 6 and the 3 customers that checked into the beer known as the F Word feel just awful about calling aa beer the F Word, We are bad people. We feel shame. But know this, Exit 6 has ceased and desisted all use of the F Word and there will be absolutely no further use of the F ‘Word in the naming of any further Exit 6 beers. We tried to contact the website Untappd to tell them to remove the beer called F Word but it looks like you guys beat us to it. Those lawyer fees go a long way. We also promise to stop production of our “Starbuck- MeDonalds-Coca Cola-Marlboro Honey Lager” for fear of further repercussions. Furthermore, in an effort to remain in good standing with Starbucks and Mr Bucks in general, please find enclosed a check for the full amount of profit gained from the sale ‘of those 3 beers. Pease apply the enclosed $6.00 towards the legal fees Ms Owen Kramer received for her efforts in nabbing Exit 6 in our dastardly B Word naming practices. We realize Mr Bucks probably paid her more than Exit 6 made last year. We Just want to help a business like Starbucks. Us small business owners need to stick togetiner.