Exhibit B- Marketing Materials Showing Blue Acorn Brand from 2007-present — Blueacorn Beringer (Dkt. 1.3)

Summary

Exhibit B, Doc. 1-3 in No. 5:21-cv-00251-BO, filed June 10, 2021, titled as marketing materials showing the Blue Acorn brand from 2007 to the present. The 9-page exhibit consists of browser screenshots of archived versions of the Blue Acorn website. The earliest versions describe Blue Acorn as an eCommerce consulting company and show blog posts dated July 3rd, 2007 on shopping cart platforms and January 13th, 2008 on email marketing. More recent versions describe a digital commerce agency serving B2C and B2B brands, and the final screenshot announces that Blue Acorn is now Blue Acorn iCi, a data-driven, strategic consultancy.

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EXHIBIT B

Case 5:21-cv-00251-BO Document1-3 Filed 06/10/21 Page1of9
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eCommerce Squared Engage with Blue Acom for our comprehensive eCommerce
Optimization service to improve your eCommerce ROI
Blue Acorn is an eCommerce Consulting company specializing in providing site search
small to medium sized eCommerce businesses and merchants resources and .
services for successful Internet Retailing. If you'd like to speak with a Blue To search, type and hit enter
Acorn eCommerce Consultant contact us here, otherwise, read on!
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Choosing the right Shopping Cart Platform (part 2)
Enter your e-mail: July 3rd, 2007— Shopping Carts Choosing the GB Shopping Cart
Major Players Ebon Gad
T'll go through what I consider a few of the major players in the shopping Bere You Select Your Shopping Cart
cart software world. There are way too many to list here individually, so ao ;
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Technorati tavorires technology, with the three major areas being PHP, .NET, and managed Website Reviews Policy
solutions - there are more options out there (ColdFusion, Java, etc.) but Who's to Benefit?
again, these are the more widely used among small to mid sized
businesses. Something to think about when choosing any platform - if Q
you're the type of person that needs to ask a lot of questions and need categories
the security of having some for the application (it inistrati
is after all your most business critical application), then you may want to ;
. a , eCommerce Blogging
concentrate your efforts on some of the paid applications with a support .
Shopping Carts
option.
PHP
* osCommerce: osCommerce is one of the most powerful free open
source shopping cart platforms and the most widely used of its kind.
In the 7+ years its been around, they've built up a strong developer
community and a bevy of plugins are available for the platform. On
the downside, you need to be a little more on the technical side to
implement these plugins and managing them can be a pain (you
have to use a file comparison tool and manually copy-paste PHP
code in some cases). If you have the technical expertise, it’s a
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How’s My Gear?

January 13th, 2008 — email Marketing

That's what online retailer DogFunk wants to know. As a Christmas present to myself, and because I was headed back to my hometown of Buffalo, NY in the midst of a winter storm, I purchased a Coal “The Yukon“ Brim Beanie from this gen-x online retailer. The website itself had a great
theme, and definitely appropriate for their target demographic. I won't get into details about the site itself and the checkout process, but the communication from the online retailer is what impressed me the most.

The usual email order confirmation came through immediately, but not the kind of typical order confirmation emails that consumers usually receive. It contained information with estimated ship dates, where to get answers to questions, as well as on-site promotions. It was very well laid out,
information.

1, and clear. And in line with their gen-x theme, they don’t just plainly state that orders ship within 24 hours, instead they declare “Get stoked - most items ship within 24 hours.” As promised, I also received a similar email once the item shipped with tracking All were
great examples of | 1g.
we But the focus of this article revolves around yet a third email I received about this order. An email that most retailers overlook - the follow up email. I received this email exactly 30 days after my order - just enough time for me to receive it, try it out, and form an opinion

= 7 about it. This email encouraged me to visit their website and complete a review of the product, as well as welcoming me as part of the “community”. This is an example of a very creative way to get in front of the consumer while not pushing marketing materials down their
throat. This email is intended to ensure that I am satisfied with my purchase and might qualify it to get around CAN-SPAM compliance issues around email Marketing as long as it is positioned appropriately.

° We applaud DogFunk.com in their transactional marketing practices, where they clearly have created a balance in intensity between the marketing and service mix in these emails. Statistics show that a younger audience is more accepting of marketing content in their
transactional emails than older audiences (29% of consumers aged 18-34 don’t mind marketing information in service emails as long as the important service information is readily seen). Assuming that DogFunk.com’s demographics are within that range, they have
S— employed what appears to be an effective marketing tactic.

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Blue Acomn iCi, a data-driven, strategic consultancy, has launched in
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Blue Acom iCi brings over a decade of unparalleled expertise and

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