Pandemic Darlings The pandemic economy, in original documents
Home Court filings Beringer Commerce, Inc. v. FIN Cap, Inc. — U.S. District Court, E.D.N.C. Exhibit G- Defendants' Advertisements and Websites Showing use of Infringing Mark — Blu…

Court filing

Exhibit G- Defendants' Advertisements and Websites Showing use of Infringing Mark — Blueacorn Beringer (Dkt. 1.8)

Summary

Exhibit G to the complaint in Case 5:21-cv-00251-BO, Document 1-8 filed June 10, 2021, is an 18-page set of defendants' advertisements and websites showing use of the infringing mark, including blueacorn.co, blueppp.net, blueppp.com and ppp.businesswarrior.com. Annotations date the blueacorn.co website to as early as May 6, 2020, a Facebook page to April 28, 2020, a Twitter account joined in April 2020 with a first tweet May 1, 2020, and a first Instagram post to May 1, 2020.

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Cite this document

“Exhibit G- Defendants' Advertisements and Websites Showing use of Infringing Mark — Blueacorn Beringer (Dkt. 1.8).” Original at ecf.nced.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/blueacorn-beringer-nced-187990/undated-gov-uscourts-nced-187990-1-8-gov-uscourts-nced-187990-1-8/, SHA-256 0246bfdb722d418a9f128eb221a158ca1a47bfae1aa1f2fefcc60ced7f5147a9.

Full text

Text recognized from a scanned document; may contain errors. Pages 1, 3–7, 10, 12, and 17 of 18 are not shown because the text could not be recognized reliably.

5/3/2021 PPP is ending May 31 | with Music Promoted Music - Blue Acorn

Blue Acorn Blue Acorn - 2d ago
PPP is ending May 31

Ji Promoted Music

@

Browse more For You videos
CJ Get TikTok fordesktop x

emnikae Kae - 4-24 (] Get TikTok App

Case 5:21-cv-00251-BO Document 1-8 Filed 06/10/21 Page 2 of 18
https://www.tiktok.com/@MS4wLjABAAAAizKIz-R1Yvo2W-EWFJ6_aBh2RbOZ3ARA-dXE6VB_WtesABQ3yCkeHi901UH6X6IA/video/695732158205... 1/22
4/28/2021

blueacom (@blueacornco) / Twitter

blueacorn
208 Tweets
+ Explore
{> Settings
The simplest way to apply
for PPP funding a
blueacorn
@blueacornco
= The easiest way to apply for PPP Funding.
@? Built by our team of super-smart engineers.
= Powered with love to provide fair access to the PPP.
© Arizona & Joined April 2020
3 Following 944 Followers
Tweets & replies Media Likes
4% Pinned Tweet
blueacorn @blueacornco - Apr 22
You have waited a long time for your . We know they are vital to

Case 5:21-cv-00251-BO Document 1-8 Filed 06/10/21

https://twitter.com/blueacornco

your businesses and livelihoods and do not take this lightly. The good news
is once SBA-Approved your funds are set aside and secure. You do not have
to worry about funds running out.

© 160 Tl 8 QO 42 ity

blueacorn Retweeted
SBA © @SBAgov - Apr 21
The *! Program has helped small businesses across

America stay open and keep workers employed. Learn how you can apply
for a first or second draw PPP loan before the program ends on May 31:

@UStTreasury - Apr 21

O Treasury Department

Like millions of #smallbusiness owners, Tula feared her business
wouldn't survive the economic downtum caused by the pandemic. A
PPP loan expansion in the #AmericanRescuePlan is helping her business
make it to the other side so she can continue serving her community.

Q Search Twitter

New to Twitter?

Sign up now to get your own per:

You might like

Dana Smith
é @SmithDanaG
_ tage
> @ulonnaya
JEYLAN THE GURL
@Jeyvicious

What's happening

CDC says fully vaccinated
Americans don't need to w
mask outside, except in crc
settings

Trending with

Trending in United States
j*ck

NFL Trending
Antonio Brown

2,140 Tweets

COVID-19: News and upda’
North Carolina

@ The New York Ti... 2h

Ed Balls Day turns 10. How
still funny?
Trending with

Page 8 of 18

1/4
4/28/2021 Jimmy Flores (@JimmyM Flores) / Twitter
Q Search Twitter
+f Explore

{> Settings

Jimmy Flores
@JimmyMFlores

Founder of - Built to Serve the Underserved
© Phoenix, AZ & Joined June 2019

475 Following 301 Followers

Tweets & replies Media Likes

e Jimmy Flores @)immyMFlores «Jan 15

4% Chris Bakke @Chris)Bakke - Jan 14
Fun to see companies like Zapier build their business Veeva-style:

Zapier: $1.3m raised, $4b valuation from Sequoia
Veeva: $7m raised, $42b enterprise value today

Imagine we'll see many more companies with <$10m raised pop their
heads up for massive valuations in this market.

~ Jimmy Flores @/)immyMFlores - Nov 19, 2020

ay Nate Reis @NateReis - Nov 19, 2020

Replying to @eshan_shetty and @rabois

My best intern story: Random #ASU student walks into my office with
box of stuff, "Where should | setup?”. Me, “Who the hell are you?”. Him,
“Your new top performer. | read about this co & need to be a part of it?”
Me, “Your hired”. Him, “By the way, I'm Jimmy.” @JimmyMFlores

QO tl O 3 it

Tl Jimmy Flores Retweeted
, am \ Zach Warmbrodt* ) @Zachary - Noy 18, 2020

Case 5:21-cv-00251-BO Document1-8 Filed 06/10/21 Page 9 of 18

https://twitter.com/jimmymflores?lang=en 1/6
5/7/2021 blueacorn (@blueacornco) « Instagram photos and videos

blueacornco
42 posts 3,925 followers 15 following
Ly | blueacorn
‘Ueacorn The easiest way to apply for PPP Funding.

® Built by our team of super-smart engineers.
&3 Powered with love to provide fair access to PPP.
quiz.blueacorn.co

Let's talk
answers.

HA POSTS

Let's talk
answers.

If you're SBA Approved, waiting on
funds- you will get funded

PPP Application Reviews \ A _

Money is NOT running out for our

community financial partners (CDFI) ‘ MV O n t ri e R

We can still help you access the PPP
funds that you need and deserve

More Support. = = —
More Answers. ne
on More Funding.
NEW WEBSITE IS LIVE! Documents Required Day Remaining for

PPP Loan Approval

/10/21 Page 11 of 18 —

https://www.instagram.com/blueacornco/ 1/3

».Photo by blueacorn on June 29, aa.
onan Case 5:21-cv-00251-BO Document
5/7/2021 blueacorn (@blueacornco) « Instagram photos and videos

»
“7\

About Blog Jobs Help API Privacy Terms TopAccounts Hashtags Locations

English Y © 2021 Instagram from Facebook

Case 5:21-cv-00251-BO Document1-8 Filed 06/10/21 Page 13 of 18

https://www.instagram.com/blueacornco/ 3/3
4/28/2021

Groups

Events +

Followed Hashtags

Feed | LinkedIn

cS Like =) omment CO Share Sen

Be the first to comment on this

BA Co + Follow «==

There is no extension for PPP funding at this time and time is running out! Let us
help you get the financial support you need.

see more

blueacorn

Days Remaining for
PPP Loan Approval

Apply Today

80;

Be the first to comment on this

BA Co + Follow *=*:
-®

How much does Blue Acorn cost? It’s FREE! Our service is 100% FREE because The

CARES Act mandates banks pay us a fee, if they approve your loan. That means, we

don't get paid, if you don't get funded. This ensures we're working hard ...see more

Be the first to comment on this

BA Co + Follow ***
-®

The first round of funding ran out in 10 days. As soon as you apply through Blue

Acorn, we'll make sure you've secured your spot in line, so you don't miss out twice.

see more

Case 5:21-¢ev-00251-BO Documenti1-8 Filed 06/10/21 Page 14 of 18

https://www.linkedin.com/feed/hashtag/?keywords=blueacom 7/10
https://web.archive.org/web/20200506211840/https://blueacorn.co/

Website created as early as May 6, 2020

2020 EA

The simplest way to apply for PPP
Funding.

Apply in 5 minutes for FREE.

If you feel misinformed or frustrated, you're not alone.

The process was confusing. The banks prioritized existing customers and larg

Dans over the pe

who needed it most. It wasn't fair, but we're here to help make

sure it doesn't happen again, at zero cost to you.

https://www.facebook.com/blueacornco

Facebook page created April 28, 2020

¢; Q Search Facebook
Page Transparency x
Page Information for Blueacorn @

Blueacorn
Financial Service

Organizations That Manage This Page @

cup responsible for this Page hasn't completed our
et.

Page History @

G Changed name to Blueacorn
4 January 4,2021

\ Page created - Blue Acorn

April 28, 202¢

People Who Manage This Page @
9 Primary country/region location for people who manage this Page

includes:
United States (10)

Ads From This Page
Q This Page is currently running ads.

Wi This Paae has run ads about social issues. elections or politics.

©) Find support or report Page

Case 5:21-cv-00251-BO Document 1-8 Filed 06/10/21 Page 15 of 18
https://twitter.com/blueacornco

Joined Twitter April 2020, first tweet May 1, 2020

blueacorn

+ Explore © ?

blueacorn
®@ The easiest way to apply for PPP Funding. - “y J

$e Built by our team of super-smart engineers.
&. Powered with love to provide fair access to the PPP.

©) Arizona FEB

oined April 2020 You might like
3 Following 1,999 Followers
B BluePPP
@BlueAcornPPP
Tweets & replies Media Likes
blueacorn @blueacornco - 20h eee © Ay Le e
= Ott company is not affiliated with Blue Acorn ICI. Please do not contact Blue iene
Acorn ICI in connection with your PPP loan. For support please reach out to
our Customer Support team Biueaco s with questions or A Jimmy Flores
concerns, As always thank you for your patience. @JimmyMFlores
7 a iy un
blueacorn @blueacornco - May 26

“se We know ho important it is to keep the backbone of the American
economy Ne are doing all we can to advocate for another round of
PPP, in order to get you the funds you need & deserve. Thank you.

What's happening

cua) O 9 1

First Instagram May 1, 2020

blueacornco

11 likes

blueacornco

Log In to Instagram

Log in to see photos and videos from friends and discover other accounts you'll love.

Case 5:21-cv-00251-BO Document1-8 Filed 06/10/21 Page 16 of 18
Case 5:21-cv-00251-BO Document1-8 Filed 06/10/21 Page 18 of 18


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