Exhibit I- April 8, 2021 Cease & Desist Letter — Blueacorn Beringer (Dkt. 1.10)

Full text

EXHIBIT I

Case 5:21-cv-00251-BO Document1-10 Filed 06/10/21 Pageiof4
FORREST FIRM ATTORNEY
ATTORNEY
3700 Glenwood Avenue, Ste 240, Raleigh, NC 27612 + kelliiovies@forrestfirm.com * (919) 670-4987 [ptf]

April 8, 2021
VIA FEDEX

blueacorn.co

Attn: Michael Cota, Jimmy Flores, and Stephanie Hockridge Reis, Co-Founders
7014 E. Camelback Rd.

Suite 1452

Scottsdale, AZ 85251

Re: Confusion Among blueacorn.co’s Customers
Dear Messrs. Cota and Flores and Ms. Reis:

This Firm represents iCiDIGITAL, Inc. d/b/a Blue Acorn iCi (“Blue Acorn iCi”), a
company focused on building digital consumer experiences for its clients. Blue Acorn iCi has
expended significant time, money, and energy toward developing its business under the BLUE
ACORN ICI mark. Blue Acorn iCi has established a valuable reputation and substantial goodwill
in its mark and associated services as a result of its longstanding use and promotion of the mark.

Unfortunately, in recent months, Blue Acorn iCi has received a significant number of calls
and emails intended for blueacorn.co, which we understand assists small business owners,
independent contractors, and self-employed people with the Paycheck Protection Program (“PPP”)
application process. An example of one such email is enclosed for your reference. Blue Acorn iCi
also recently has noticed a number of consumer complaints posted on various social media
platforms and other websites that misidentify Blue Acorn iCi as a provider of services related to
PPP loans.

As I am sure you will understand, responding to these messages, even if only to redirect
the consumers to their intended recipient, blueacorn.co, is very costly to Blue Acorn iCi. Not only
are company resources being used to clear up what apparently is significant consumer confusion;
misdirected consumer complaints are damaging the goodwill that Blue Acorn iCi has worked hard
to build in its brand.

Accordingly, we ask that blueacorn.co take the following steps, which we believe will help
alleviate the actual consumer confusion that is occurring in the marketplace and allow both parties
to focus their resources on assisting their respective customers in a timely and efficient manner:

Asheville Charlotte Durham Greensboro Greenville Raleigh Wilmington Winston-Salem

———€ase 5:21-cv-00251-BO~~ Document 1-10~Fited 06/10/21 Page 2 of 4

www.forrestfirm.com
Michael Cota, Jimmy Flores, and Stephanie Hockridge
April 8, 2021
Page 2

1. Place a prominent disclaimer on the blueacorn.co website that explains that
blueacorn.co is not affiliated with, sponsored by, or otherwise connected to Blue Acorn
iCi;

2. If you have not already done so, set up a monitored e-mail address and/or dedicated

customer service line for customer inquiries;

3. Change the primary colors of your logo, website, and other marketing materials to
colors that are not blue and white; and

4. Remove any acorn images from your marketing materials, including but not limited to
the acorn drawing that appears in the tab for blueacorn.co when the site is accessed
through Google Chrome.

Given the importance of this matter, we would appreciate it if blueacorn.co would make
the changes listed above and contact us to confirm compliance by April 15, 2021.

This letter is without prejudice to any of our client’s rights, and we reserve the right to any
and all remedies that our client has under the law.

Thank you for your prompt attention to this matter. I look forward to hearing from
blueacorn.co shortly.

Sincerely,

FORREST FIRM, P.C.

Kelli A. Ovies

Enclosure

ec: support@blueacorn.co
Lyle Gravatt, Esq.
David Morris, Esq.

Case 5:21-cv-00251-BO Document1-10 Filed 06/10/21 Page 3of4
FedEx ® May 07, 2021

Dear Customer,

The following is the proof-of-delivery for tracking number: 505591653997

Delivery Information:

Status: Delivered Delivered To: Receptionist/Front Desk

Signed for by: K.BACUSS Delivery Location:

Service type: FedEx Express Saver

Special Handling: Deliver Weekday CASPER. WY
Delivery date: Apr 15, 2021 13:04

Shipping Information:

Tracking number: 505591653997 Ship Date: Apr 13, 2021
Weight: 1.0 LB/0.45 KG

Recipient: Shipper:

CASPER, WY, US, SCOTTSDALE, AZ, US,

Reference 773389082648

Signature image is available. In order to view image and detailed information, the shipper or payor account
number of the shipment must be provided.

Thank you fo@ppgen6FExcv-00251-BO Document1-10 Filed 06/10/21 Page 4of4

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