Court filing
Exhibit B Attorney Communications — Blueacorn Beringer (Dkt. 16.2)
Filed June 16, 2021 in Blueacorn Beringer; one of 94 filings from this case.
Record facts
| Court | U.S. District Court for the Eastern District of North Carolina |
|---|---|
| Filed | 2021-06-16 |
U.S. District Court for the Eastern District of North Carolina · No. 5:21-cv-00251-BO · Doc. 16-2 · 2021-06-16 · Docket on CourtListener
Full text
EXHIBIT B Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 1 of 34 From: Jeff Meyerson To: Beth Stanfield Cc: Jeff Meyerson Subject: Blueacorn demand letter Date: Thursday, May 27, 2021 6:12:04 PM Attachments: image535574.png [EXTERNAL E-MAIL - USE CAUTION] Beth, I am in receipt of your letter dated May 26, 2021 regarding the alleged infringement of your client’s IP; however, in your letter you stated that we received an April 8, 2021 cease and desist and I cannot find that letter anywhere in our file. Can you please send me a copy of that letter at your convenience. I will discuss with my client and respond to you but I would ask for an extension on your current June 1 response date as it will likely take more time than 2 business days for my client to respond and/or complete the tasks that you are asking of them. I look forward to hearing from you. Jeff Jeff Meyerson 15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254 Phone: 602-606-9305 CONFIDENTIALITY NOTICE The information contained herein may be privileged and protected by the attorney/client and/or other privilege It is confidential in nature and intended for use by the intended addressee only If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 2 of 34 From: Beth Stanfield To: Jeff Meyerson Cc: David Morris; Lyle Gravatt; Jennifer Reynolds Subject: RE: Blueacorn demand letter Date: Friday, May 28, 2021 10:27:00 AM Attachments: image003.png image004.png Good morning Jeff: Thank you for your email. We are happy to provide a copy of the April 8, 2021 letter, and my paralegal Jen Reynolds, copied here, will do so. In the meantime, could you please clarify for us the specific individuals and entities you represent and further indicate whether they are, in fact, operating the “Blue Acorn PPP” business, including all advertising, marketing, websites, sales, customer service, etc. As I am sure you can understand from the nature of our initial letter, the lack of response and escalated degree of confusion has created an imminent need for intervention. Once we receive clarification on these items, we will discuss your request for some additional time to respond to our second Cease & Desist letter. Thanks, Beth. BETH A. STANFIELD Attorney | Litigation Practice Group Leader 105 Grace Street, Suite 101 Wilmington, NC 28401 (910) 408-3260 [phone + fax] (704) 301-4050 [cell phone] beth.stanfield@forrestfirm.com | www.forrestfirm.com CONFIDENTIAL & PRIVILEGED Unless otherwise indicated or obvious from he nature of the foregoing communication, the informa ion contained herein is attorney-client privileged and/or subject to the attorney work product doctrine. The communica ion is intended for he use of the individual or entity named above. If he reader of this transmission is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communica ion in error or are not sure whether it is privileged, please immediately notify us by return e-mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. From: Jeff Meyerson <Meyerson@radixlaw.com> Sent: Thursday, May 27, 2021 6:12 PM To: Beth Stanfield <beth.stanfield@forrestfirm.com> Cc: Jeff Meyerson <Meyerson@radixlaw.com> Subject: Blueacorn demand letter [EXTERNAL E-MAIL - USE CAUTION] Beth, Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 3 of 34 I am in receipt of your letter dated May 26, 2021 regarding the alleged infringement of your client’s IP; however, in your letter you stated that we received an April 8, 2021 cease and desist and I cannot find that letter anywhere in our file. Can you please send me a copy of that letter at your convenience. I will discuss with my client and respond to you but I would ask for an extension on your current June 1 response date as it will likely take more time than 2 business days for my client to respond and/or complete the tasks that you are asking of them. I look forward to hearing from you. Jeff Jeff Meyerson 15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254 Phone: 602-606-9305 CONFIDENTIALITY NOTICE The information contained herein may be privileged and protected by the attorney/client and/or other privilege It is confidential in nature and intended for use by the intended addressee only If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 4 of 34 From: Jennifer Reynolds To: Beth Stanfield; Jeff Meyerson Cc: David Morris; Lyle Gravatt Subject: RE: Blueacorn demand letter Date: Friday, May 28, 2021 10:35:37 AM Attachments: image006.png image001.png image002.png 4.8.2021 blueacorn.co Correspondence via FedEx.pdf Good Morning: Per your request, attached please find a copy of the April 8, 2021 cease and desist letter. Thank you, Jen JENNIFER REYNOLDS Greensboro Legal Assistant | Office Manager 125 S. Elm Street, Suite 100 Greensboro, NC 27401 (336) 275 - 6344 [phone + fax] 105 Grace Street, Suite 101 Wilmington, NC 28401 jennifer.reynolds@forrestfirm.com | www.forrestfirm.com CONFIDENTIAL & PRIVILEGEDUnless otherwise indicated or obvious from the nature of the foregoing communication, the information contained herein is attorney-client privileged and/or subject to the attorney work product doctrine. The communication is intended for the use of he individual or en ity named above. If the reader of this transmission is not he intended recipient, you are hereby notified that any dissemination, distribution or copying of his communication is strictly prohibited. If you have received his communication in error or are not sure whe her it is privileged, please immediately no ify us by return e-mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. From: Beth Stanfield <beth.stanfield@forrestfirm.com> Sent: Friday, May 28, 2021 10:28 AM To: Jeff Meyerson <Meyerson@radixlaw.com> Cc: David Morris <david.morris@forrestfirm.com>; Lyle Gravatt <lyle.gravatt@forrestfirm.com>; Jennifer Reynolds <jennifer.reynolds@forrestfirm.com> Subject: RE: Blueacorn demand letter Good morning Jeff: Thank you for your email. We are happy to provide a copy of the April 8, 2021 letter, and my paralegal Jen Reynolds, copied here, will do so. In the meantime, could you please clarify for us the specific individuals and entities you represent and further indicate whether they are, in Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 5 of 34 fact, operating the “Blue Acorn PPP” business, including all advertising, marketing, websites, sales, customer service, etc. As I am sure you can understand from the nature of our initial letter, the lack of response and escalated degree of confusion has created an imminent need for intervention. Once we receive clarification on these items, we will discuss your request for some additional time to respond to our second Cease & Desist letter. Thanks, Beth. BETH A. STANFIELD Attorney | Litigation Practice Group Leader 105 Grace Street, Suite 101 Wilmington, NC 28401 (910) 408-3260 [phone + fax] (704) 301-4050 [cell phone] beth.stanfield@forrestfirm.com | www.forrestfirm.com CONFIDENTIAL & PRIVILEGED Unless otherwise indicated or obvious from he nature of the foregoing communication, the informa ion contained herein is attorney-client privileged and/or subject to the attorney work product doctrine. The communica ion is intended for he use of the individual or entity named above. If he reader of this transmission is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communica ion in error or are not sure whether it is privileged, please immediately notify us by return e-mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. From: Jeff Meyerson <Meyerson@radixlaw.com> Sent: Thursday, May 27, 2021 6:12 PM To: Beth Stanfield <beth.stanfield@forrestfirm.com> Cc: Jeff Meyerson <Meyerson@radixlaw.com> Subject: Blueacorn demand letter [EXTERNAL E-MAIL - USE CAUTION] Beth, I am in receipt of your letter dated May 26, 2021 regarding the alleged infringement of your client’s IP; however, in your letter you stated that we received an April 8, 2021 cease and desist and I cannot find that letter anywhere in our file. Can you please send me a copy of that letter at your convenience. I will discuss with my client and respond to you but I would ask for an extension on your current June 1 response date as it will likely take more time than 2 business days for my client to respond and/or complete the tasks that you are asking of them. I look forward to hearing from you. Jeff Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 6 of 34 Jeff Meyerson 15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254 Phone: 602-606-9305 CONFIDENTIALITY NOTICE The information contained herein may be privileged and protected by the attorney/client and/or other privilege It is confidential in nature and intended for use by the intended addressee only If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 7 of 34 From: Jeff Meyerson To: Beth Stanfield Cc: David Morris; Lyle Gravatt; Jennifer Reynolds Subject: RE: Blueacorn demand letter Date: Friday, May 28, 2021 12:04:36 PM Attachments: image001.png image002.png image360349.png [EXTERNAL E-MAIL - USE CAUTION] Beth, Are you available for a call today? Jeff Jeff Meyerson 15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254 Phone: 602-606-9305 CONFIDENTIALITY NOTICE The information contained herein may be privileged and protected by the attorney/client and/or other privilege It is confidential in nature and intended for use by the intended addressee only If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network From: Beth Stanfield <beth.stanfield@forrestfirm.com> Sent: Friday, May 28, 2021 7:28 AM To: Jeff Meyerson <Meyerson@radixlaw.com> Cc: David Morris <david.morris@forrestfirm.com>; Lyle Gravatt <lyle.gravatt@forrestfirm.com>; Jennifer Reynolds <jennifer.reynolds@forrestfirm.com> Subject: RE: Blueacorn demand letter Good morning Jeff: Thank you for your email. We are happy to provide a copy of the April 8, 2021 letter, and my paralegal Jen Reynolds, copied here, will do so. In the meantime, could you please clarify for us the specific individuals and entities you represent and further indicate whether they are, in fact, operating the “Blue Acorn PPP” business, including all advertising, marketing, websites, sales, customer service, etc. As I am sure you can understand from the nature of our initial letter, the lack of response and escalated degree of confusion has created an imminent need for intervention. Once we receive clarification on these items, we will discuss your request for some additional time to respond to our second Cease & Desist letter. Thanks, Beth. Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 8 of 34 Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 9 of 34 CONFIDENTIALITY NOTICE The information contained herein may be privileged and protected by the attorney/client and/or other privilege It is confidential in nature and intended for use by the intended addressee only If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 10 of 34 From: Beth Stanfield To: Jeff Meyerson Cc: David Morris; Lyle Gravatt; Jennifer Reynolds Subject: RE: Blueacorn demand letter Date: Friday, May 28, 2021 12:25:00 PM Attachments: image004.png image002.png Jeff: I am tied up until around 2 pm eastern but will be available then. Is that 11 am your time? BETH A. STANFIELD Attorney | Litigation Practice Group Leader 105 Grace Street, Suite 101 Wilmington, NC 28401 (910) 408-3260 [phone + fax] (704) 301-4050 [cell phone] beth.stanfield@forrestfirm.com | www.forrestfirm.com CONFIDENTIAL & PRIVILEGED Unless otherwise indicated or obvious from he nature of the foregoing communication, the informa ion contained herein is attorney-client privileged and/or subject to the attorney work product doctrine. The communica ion is intended for he use of the individual or entity named above. If he reader of this transmission is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communica ion in error or are not sure whether it is privileged, please immediately notify us by return e-mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. From: Jeff Meyerson <Meyerson@radixlaw.com> Sent: Friday, May 28, 2021 12:04 PM To: Beth Stanfield <beth.stanfield@forrestfirm.com> Cc: David Morris <david.morris@forrestfirm.com>; Lyle Gravatt <lyle.gravatt@forrestfirm.com>; Jennifer Reynolds <jennifer.reynolds@forrestfirm.com> Subject: RE: Blueacorn demand letter [EXTERNAL E-MAIL - USE CAUTION] Beth, Are you available for a call today? Jeff Jeff Meyerson 15205 N. Kierland Blvd, Suite 200 Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 11 of 34 Scottsdale, AZ 85254 Phone: 602-606-9305 CONFIDENTIALITY NOTICE The information contained herein may be privileged and protected by the attorney/client and/or other privilege It is confidential in nature and intended for use by the intended addressee only If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network From: Beth Stanfield <beth.stanfield@forrestfirm.com> Sent: Friday, May 28, 2021 7:28 AM To: Jeff Meyerson <Meyerson@radixlaw.com> Cc: David Morris <david.morris@forrestfirm.com>; Lyle Gravatt <lyle.gravatt@forrestfirm.com>; Jennifer Reynolds <jennifer.reynolds@forrestfirm.com> Subject: RE: Blueacorn demand letter Good morning Jeff: Thank you for your email. We are happy to provide a copy of the April 8, 2021 letter, and my paralegal Jen Reynolds, copied here, will do so. In the meantime, could you please clarify for us the specific individuals and entities you represent and further indicate whether they are, in fact, operating the “Blue Acorn PPP” business, including all advertising, marketing, websites, sales, customer service, etc. As I am sure you can understand from the nature of our initial letter, the lack of response and escalated degree of confusion has created an imminent need for intervention. Once we receive clarification on these items, we will discuss your request for some additional time to respond to our second Cease & Desist letter. Thanks, Beth. BETH A. STANFIELD Attorney | Litigation Practice Group Leader 105 Grace Street, Suite 101 Wilmington, NC 28401 (910) 408-3260 [phone + fax] (704) 301-4050 [cell phone] beth.stanfield@forrestfirm.com | www.forrestfirm.com CONFIDENTIAL & PRIVILEGED Unless otherwise indicated or obvious from he nature of the foregoing communication, the informa ion contained herein is attorney-client privileged and/or subject to the attorney work product doctrine. The communica ion is intended for he use of the individual or entity named above. If he reader of Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 12 of 34 this transmission is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communica ion in error or are not sure whether it is privileged, please immediately notify us by return e-mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. From: Jeff Meyerson <Meyerson@radixlaw.com> Sent: Thursday, May 27, 2021 6:12 PM To: Beth Stanfield <beth.stanfield@forrestfirm.com> Cc: Jeff Meyerson <Meyerson@radixlaw.com> Subject: Blueacorn demand letter [EXTERNAL E-MAIL - USE CAUTION] Beth, I am in receipt of your letter dated May 26, 2021 regarding the alleged infringement of your client’s IP; however, in your letter you stated that we received an April 8, 2021 cease and desist and I cannot find that letter anywhere in our file. Can you please send me a copy of that letter at your convenience. I will discuss with my client and respond to you but I would ask for an extension on your current June 1 response date as it will likely take more time than 2 business days for my client to respond and/or complete the tasks that you are asking of them. I look forward to hearing from you. Jeff Jeff Meyerson 15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254 Phone: 602-606-9305 CONFIDENTIALITY NOTICE The information contained herein may be privileged and protected by the attorney/client and/or other privilege It is confidential in nature and intended for use by the intended addressee only If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 13 of 34 From: Jeff Meyerson To: Beth Stanfield Cc: David Morris; Lyle Gravatt; Jennifer Reynolds Subject: RE: Blueacorn demand letter Date: Friday, May 28, 2021 12:27:42 PM Attachments: image001.png image002.png image588122.png [EXTERNAL E-MAIL - USE CAUTION] Yes. Call me when you are available. Jeff Jeff Meyerson 15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254 Phone: 602-606-9305 CONFIDENTIALITY NOTICE The information contained herein may be privileged and protected by the attorney/client and/or other privilege It is confidential in nature and intended for use by the intended addressee only If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network From: Beth Stanfield <beth.stanfield@forrestfirm.com> Sent: Friday, May 28, 2021 9:26 AM To: Jeff Meyerson <Meyerson@radixlaw.com> Cc: David Morris <david.morris@forrestfirm.com>; Lyle Gravatt <lyle.gravatt@forrestfirm.com>; Jennifer Reynolds <jennifer.reynolds@forrestfirm.com> Subject: RE: Blueacorn demand letter Jeff: I am tied up until around 2 pm eastern but will be available then. Is that 11 am your time? BETH A. STANFIELD Attorney | Litigation Practice Group Leader 105 Grace Street, Suite 101 Wilmington, NC 28401 (910) 408-3260 [phone + fax] (704) 301-4050 [cell phone] beth.stanfield@forrestfirm.com | www.forrestfirm.com Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 14 of 34 CONFIDENTIAL & PRIVILEGED Unless otherwise indicated or obvious from he nature of the foregoing communication, the informa ion contained herein is attorney-client privileged and/or subject to the attorney work product doctrine. The communica ion is intended for he use of the individual or entity named above. If he reader of this transmission is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communica ion in error or are not sure whether it is privileged, please immediately notify us by return e-mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. From: Jeff Meyerson <Meyerson@radixlaw.com> Sent: Friday, May 28, 2021 12:04 PM To: Beth Stanfield <beth.stanfield@forrestfirm.com> Cc: David Morris <david.morris@forrestfirm.com>; Lyle Gravatt <lyle.gravatt@forrestfirm.com>; Jennifer Reynolds <jennifer.reynolds@forrestfirm.com> Subject: RE: Blueacorn demand letter [EXTERNAL E-MAIL - USE CAUTION] Beth, Are you available for a call today? Jeff Jeff Meyerson 15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254 Phone: 602-606-9305 CONFIDENTIALITY NOTICE The information contained herein may be privileged and protected by the attorney/client and/or other privilege It is confidential in nature and intended for use by the intended addressee only If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network From: Beth Stanfield <beth.stanfield@forrestfirm.com> Sent: Friday, May 28, 2021 7:28 AM To: Jeff Meyerson <Meyerson@radixlaw.com> Cc: David Morris <david.morris@forrestfirm.com>; Lyle Gravatt <lyle.gravatt@forrestfirm.com>; Jennifer Reynolds <jennifer.reynolds@forrestfirm.com> Subject: RE: Blueacorn demand letter Good morning Jeff: Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 15 of 34 Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 16 of 34 Jeff Jeff Meyerson 15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254 Phone: 602-606-9305 CONFIDENTIALITY NOTICE The information contained herein may be privileged and protected by the attorney/client and/or other privilege It is confidential in nature and intended for use by the intended addressee only If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 17 of 34 From: Jennifer Reynolds To: Jeff Meyerson Cc: Beth Stanfield; Katie Greene (katie.greene@forrestfirm.com); Lyle Gravatt; David Morris; Thomas Babel Subject: [encrypt] EDNC Case No. 5:21-cv-00251-BO, Beringer Commerce, Inc. d/b/a Blue Acorn iCi v. Fin Cap, Inc. d/b/a “Blueacorn.co”, et al Date: Friday, June 11, 2021 3:06:00 PM Attachments: image003.png Dear Mr. Meyerson: Enclosed we are providing to you a courtesy copy of Beringer Commerce, Inc. d/b/a Blue Acorn iCi’s filings against Defendants Fin Cap, Inc. d/b/a Blueacorn.co, Blue Acorn PPP, LLC, Blue Oak Forest, LLC, Michael S. Cota, James Flores, Stephanie Hockridge Reis and Nathan Reis. Please let us know if you can accept service for these named Defendants. We will provide a password under separate cover to the encrypted link below. If you have any questions, please do not hesitate to contact us. Thank you, Jen JENNIFER REYNOLDS North Carolina State Bar Certified Paralegal 125 S. Elm Street, Suite 100 Greensboro, NC 27401 (336) 275 - 6344 [phone + fax] 105 Grace Street, Suite 101 Wilmington, NC 28401 jennifer.reynolds@forrestfirm.com | www.forrestfirm.com CONFIDENTIAL & PRIVILEGEDUnless otherwise indicated or obvious from the nature of the foregoing communication, the information contained herein is attorney-client privileged and/or subject to the attorney work product doctrine. The communication is intended for the use of he individual or en ity named above. If the reader of this transmission is not he intended recipient, you are hereby notified that any dissemination, distribution or copying of his communication is strictly prohibited. If you have received his communication in error or are not sure whe her it is privileged, please immediately no ify us by return e-mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 18 of 34 From: Jennifer Reynolds To: Jeff Meyerson Cc: Beth Stanfield; Katie Greene (katie.greene@forrestfirm.com); Lyle Gravatt; David Morris; Thomas Babel Subject: [encrypt] EDNC Case No. 5:21-cv-00251-BO, Beringer Commerce, Inc. d/b/a Blue Acorn iCi v. Fin Cap, Inc. d/b/a “Blueacorn.co”, et al Date: Friday, June 11, 2021 3:08:25 PM Attachments: image001.png Password for the provided encrypted link is Thank you, Jen JENNIFER REYNOLDS North Carolina State Bar Certified Paralegal 125 S. Elm Street, Suite 100 Greensboro, NC 27401 (336) 275 - 6344 [phone + fax] 105 Grace Street, Suite 101 Wilmington, NC 28401 jennifer.reynolds@forrestfirm.com | www.forrestfirm.com CONFIDENTIAL & PRIVILEGEDUnless otherwise indicated or obvious from the nature of the foregoing communication, the information contained herein is attorney-client privileged and/or subject to the attorney work product doctrine. The communication is intended for the use of he individual or en ity named above. If the reader of this transmission is not he intended recipient, you are hereby notified that any dissemination, distribution or copying of his communication is strictly prohibited. If you have received his communication in error or are not sure whe her it is privileged, please immediately no ify us by return e-mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 19 of 34 From: Jeff Meyerson To: Jennifer Reynolds; Beth Stanfield Cc: Michael B. Dvoren; Jonathan Frutkin; Jeff Meyerson Subject: Trademark counsel Date: Friday, June 11, 2021 4:07:04 PM Attachments: image066474.png [EXTERNAL E-MAIL - USE CAUTION] Beth and Jennifer, Can you please copy Michael Dvoren (mbd@jaburgwilk.com) on all future communications related to the trademark issues including providing him with the lawsuit documents you just sent me. He is the company’s trademark counsel and will be addressing these issues moving forward. Thanks! Jeff Jeff Meyerson 15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254 Phone: 602-606-9305 CONFIDENTIALITY NOTICE The information contained herein may be privileged and protected by the attorney/client and/or other privilege It is confidential in nature and intended for use by the intended addressee only If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 20 of 34 From: Beth Stanfield To: Jeff Meyerson; Jennifer Reynolds Cc: Michael B. Dvoren; Jonathan Frutkin; Lyle Gravatt; Katie Greene; Thomas Babel Subject: RE: Trademark counsel Date: Friday, June 11, 2021 4:17:00 PM Attachments: image003.png JUNE 11, 2021 ORDER GRANTING TRO.pdf image002.png Importance: High Jeff: We are happy to do so. In the meantime, the Honorable Terrence Boyle assigned to this matter has reviewed the pleadings and our Motion for Temporary Restraining Order. A copy is attached. Please provide us with confirmation of compliance with each item of this Order by Monday, June 14, 2021. Thank you, Beth. /s/ BETH A. STANFIELD Attorney | Litigation Practice Group Leader 105 Grace Street, Suite 101 Wilmington, NC 28401 (910) 408-3260 [phone + fax] (704) 301-4050 [cell phone] beth.stanfield@forrestfirm.com | www.forrestfirm.com CONFIDENTIAL & PRIVILEGED Unless otherwise indicated or obvious from he nature of the foregoing communication, the informa ion contained herein is attorney-client privileged and/or subject to the attorney work product doctrine. The communica ion is intended for he use of the individual or entity named above. If he reader of this transmission is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communica ion in error or are not sure whether it is privileged, please immediately notify us by return e-mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. From: Jeff Meyerson <Meyerson@radixlaw.com> Sent: Friday, June 11, 2021 4:07 PM To: Jennifer Reynolds <jennifer.reynolds@forrestfirm.com>; Beth Stanfield <beth.stanfield@forrestfirm.com> Cc: Michael B. Dvoren <mbd@jaburgwilk.com>; Jonathan Frutkin <jfrutkin@radixlaw.com>; Jeff Meyerson <Meyerson@radixlaw.com> Subject: Trademark counsel [EXTERNAL E-MAIL - USE CAUTION] Beth and Jennifer, Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 21 of 34 Can you please copy Michael Dvoren (mbd@jaburgwilk.com) on all future communications related to the trademark issues including providing him with the lawsuit documents you just sent me. He is the company’s trademark counsel and will be addressing these issues moving forward. Thanks! Jeff Jeff Meyerson 15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254 Phone: 602-606-9305 CONFIDENTIALITY NOTICE The information contained herein may be privileged and protected by the attorney/client and/or other privilege It is confidential in nature and intended for use by the intended addressee only If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 22 of 34 Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 23 of 34 Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 24 of 34 Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 25 of 34 From: Jeff Meyerson To: Beth Stanfield Cc: Jonathan Frutkin; Michael B. Dvoren; Jeff Meyerson Subject: Blueacorn Date: Monday, June 14, 2021 6:07:38 PM Attachments: image449613.png [EXTERNAL E-MAIL - USE CAUTION] Beth, Our clients (Fin Cap, Inc., Blue Acorn PPP, LLC and Blue Oak Forest, LLC only) are working diligently to comply with the TRO. They’ve already placed a conspicuous disclaimer on the https://blueacorn.co/ home page and have a dedicated support page linked from the disclaimer to https://blueacorn.co/support/. They’ve also changed the logo on the YouTube channel (see https://www.youtube.com/channel/UCAiOYwr-WYtOisKibpOI3Ig ). Other actions are still in progress. We’ll update you as those advance. All of our clients’ rights and remedies are expressly reserved. Thanks, Jeff Jeff Meyerson 15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254 Phone: 602-606-9305 CONFIDENTIALITY NOTICE The information contained herein may be privileged and protected by the attorney/client and/or other privilege It is confidential in nature and intended for use by the intended addressee only If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 26 of 34 1 Jennifer Reynolds From: Beth Stanfield Sent: Monday, June 14, 2021 7:41 PM To: Jeff Meyerson Cc: Jonathan Frutkin; Michael B. Dvoren; Lyle Gravatt; Katie Greene; Thomas Babel; Jennifer Reynolds Subject: RE: Blueacorn Importance: High Jeff: I appreciate the update. However, use of any iteration of the “blue acorn” name, including maintaining any website with any “blue acorn” component, is prohibited by Judge Boyle’s Order. In addition, I am still seeing the following infringing “blue acorn” logo on all (or almost all) of the websites your client is using. Removing this logo from all websites or other materials may be the other actions you were referring to, but specific confirmation is needed. Can you confirm that the infringing websites and logos will be taken down by tomorrow? Thanks, Beth. BETH A. STANFIELD Attorney | Litigation Practice Group Leader 105 Grace Street, Suite 101 Wilmington, NC 28401 (910) 408-3260 [phone + fax] (704) 301-4050 [cell phone] beth.stanfield@forrestfirm.com | www.forrestfirm.com CONFIDENTIAL & PRIVILEGED Unless otherwise indicated or obvious from the nature of the foregoing communication, the information contained herein is attorney-client privileged and/or subject to the attorney work product doctrine. The communication is intended for the use of the individual or entity named above. If he reader of this transmission is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communica ion is strictly prohibited. If you have received this communication in error or are not sure whether it is privileged, please immediately notify us by return e-mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. From: Jeff Meyerson <Meyerson@radixlaw.com> Sent: Monday, June 14, 2021 6:07 PM To: Beth Stanfield <beth.stanfield@forrestfirm.com> Cc: Jonathan Frutkin <jfrutkin@radixlaw.com>; Michael B. Dvoren <mbd@jaburgwilk.com>; Jeff Meyerson Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 27 of 34 2 <Meyerson@radixlaw.com> Subject: Blueacorn [EXTERNAL E‐MAIL ‐ USE CAUTION] Beth, Our clients (Fin Cap, Inc., Blue Acorn PPP, LLC and Blue Oak Forest, LLC only) are working diligently to comply with the TRO. They’ve already placed a conspicuous disclaimer on the https://blueacorn.co/ home page and have a dedicated support page linked from the disclaimer to https://blueacorn.co/support/. They’ve also changed the logo on the YouTube channel (see https://www.youtube.com/channel/UCAiOYwr‐WYtOisKibpOI3Ig ). Other actions are still in progress. We’ll update you as those advance. All of our clients’ rights and remedies are expressly reserved. Thanks, Jeff Jeff Meyerson 15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254 Phone: 602‐606‐9305 CONFIDENTIALITY NOTICE The information contained herein may be privileged and protected by the attorney/client and/or other privilege It is confidential in nature and intended for use by the intended addressee only If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 28 of 34 1 Jennifer Reynolds From: Beth Stanfield Sent: Monday, June 14, 2021 8:10 PM To: Jeff Meyerson Cc: Jonathan Frutkin; Michael B. Dvoren; Lyle Gravatt; Katie Greene; Thomas Babel; Jennifer Reynolds Subject: RE: Blueacorn Importance: High Jeff and Michael: Unfortunately, I need to bring two more items to your attention. First, we again appreciate your client’s removal of the infringing Acorn Logo image from the landing page for your client’s video on YouTube. However, for reasons that are entirely confounding, your client merely replaced the infringing Acorn Logo with yet another infringing mark. Not only is this ineffectual in curing the ongoing infringement and confusion, it continues to perpetuate it, in clear violation of Paragraph 1 of Judge Boyle’s Order: The Court’s order is unambiguous and absolutely requires your client to cease and desist from using the “blue acorn” name—full stop. It has now been over three full days since this Order was issued. While we understand IT steps must be taken to effectuate the relief ordered, your client’s replacement of the Acorn Logo with the equally infringing “blue acorn” name is both concerning and confounding. While this is likely obvious to everyone on this email, a contempt motion will follow if these issues are not immediately addressed. Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 29 of 34 2 Second, while it appears your client has taken measures to remove the blue Acorn Logo from the YouTube post, it still remains on the search result page available through YouTube when “blue acorn ppp” is searched: Retention of the Acorn Logo on this page may have been an oversight, but it also needs to be addressed in short order. Thanks, Beth. BETH A. STANFIELD Attorney | Litigation Practice Group Leader 105 Grace Street, Suite 101 Wilmington, NC 28401 (910) 408-3260 [phone + fax] (704) 301-4050 [cell phone] beth.stanfield@forrestfirm.com | www.forrestfirm.com CONFIDENTIAL & PRIVILEGED Unless otherwise indicated or obvious from the nature of the foregoing communication, the information contained herein is attorney-client privileged and/or subject to the attorney work product doctrine. The communication is intended for the use of the individual or entity named above. If he reader of this transmission is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communica ion is strictly prohibited. If you have received this communication in error or are not sure whether it is privileged, please immediately notify us by return e-mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. From: Beth Stanfield Sent: Monday, June 14, 2021 7:41 PM Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 30 of 34 3 To: Jeff Meyerson <Meyerson@radixlaw.com> Cc: Jonathan Frutkin <jfrutkin@radixlaw.com>; Michael B. Dvoren <mbd@jaburgwilk.com>; Lyle Gravatt <lyle.gravatt@forrestfirm.com>; Katie Greene <katie.greene@forrestfirm.com>; Thomas Babel <thomas.babel@forrestfirm.com>; Jennifer Reynolds <jennifer.reynolds@forrestfirm.com> Subject: RE: Blueacorn Importance: High Jeff: I appreciate the update. However, use of any iteration of the “blue acorn” name, including maintaining any website with any “blue acorn” component, is prohibited by Judge Boyle’s Order. In addition, I am still seeing the following infringing “blue acorn” logo on all (or almost all) of the websites your client is using. Removing this logo from all websites or other materials may be the other actions you were referring to, but specific confirmation is needed. Can you confirm that the infringing websites and logos will be taken down by tomorrow? Thanks, Beth. BETH A. STANFIELD Attorney | Litigation Practice Group Leader 105 Grace Street, Suite 101 Wilmington, NC 28401 (910) 408-3260 [phone + fax] (704) 301-4050 [cell phone] beth.stanfield@forrestfirm.com | www.forrestfirm.com CONFIDENTIAL & PRIVILEGED Unless otherwise indicated or obvious from the nature of the foregoing communication, the information contained herein is attorney-client privileged and/or subject to the attorney work product doctrine. The communication is intended for the use of the individual or entity named above. If he reader of this transmission is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communica ion is strictly prohibited. If you have received this communication in error or are not sure whether it is privileged, please immediately notify us by return e-mail and destroy any copies, electronic, paper or otherwise, which you may have of this communication. From: Jeff Meyerson <Meyerson@radixlaw.com> Sent: Monday, June 14, 2021 6:07 PM To: Beth Stanfield <beth.stanfield@forrestfirm.com> Cc: Jonathan Frutkin <jfrutkin@radixlaw.com>; Michael B. Dvoren <mbd@jaburgwilk.com>; Jeff Meyerson <Meyerson@radixlaw.com> Subject: Blueacorn [EXTERNAL E‐MAIL ‐ USE CAUTION] Beth, Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 31 of 34 4 Our clients (Fin Cap, Inc., Blue Acorn PPP, LLC and Blue Oak Forest, LLC only) are working diligently to comply with the TRO. They’ve already placed a conspicuous disclaimer on the https://blueacorn.co/ home page and have a dedicated support page linked from the disclaimer to https://blueacorn.co/support/. They’ve also changed the logo on the YouTube channel (see https://www.youtube.com/channel/UCAiOYwr‐WYtOisKibpOI3Ig ). Other actions are still in progress. We’ll update you as those advance. All of our clients’ rights and remedies are expressly reserved. Thanks, Jeff Jeff Meyerson 15205 N. Kierland Blvd, Suite 200 Scottsdale, AZ 85254 Phone: 602‐606‐9305 CONFIDENTIALITY NOTICE The information contained herein may be privileged and protected by the attorney/client and/or other privilege It is confidential in nature and intended for use by the intended addressee only If you are not the intended recipient, you are hereby expressly prohibited from dissemination, distribution, copy or any use whatsoever of this transmission and its contents If you receive this transmission in error, please reply or call the sender and delete this transmission from your email and/or network Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 32 of 34 1 From: Chris Blake <chris.blake@nelsonmullins.com> Sent: Tuesday, June 15, 2021 4:36 PM To: Beth Stanfield <beth.stanfield@forrestfirm.com> Cc: John McElwaine <john.mcelwaine@nelsonmullins.com> Subject: Beringer Commerce Inc. d/b/a Blue Acorn iCi v. Fin Cap, Inc. d/b/a "Blueacorn.co", et al., EDNC, Case No. 5:21‐ cv‐251‐BO [EXTERNAL E‐MAIL ‐ USE CAUTION] Beth, Thanks for your time on the phone. This will confirm that Nelson Mullins has been retained to represent the corporate defendants named in the referenced lawsuit, Fin Cap, Inc. d/b/a "Blueacorn.co", Blue Acorn PPP, LLC and Blue Oak Forest, LLC. As I mentioned on the phone, we were just retained this afternoon and are diligently working to get up to speed on the matters in dispute. Based on what we are currently aware of, we are considering the filing of a Motion to Dissolve the TRO which we intend to file no later than the close of business on Thursday. My full contact information is below. I am copying my partner John McElwaine so you have his email address, and John’s office number in Charleston is 843‐534‐4302. Best regards, Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 33 of 34 2 CHRISTOPHER J. BLAKE PARTNER chris.blake@nelsonmullins.com GLENLAKE ONE | SUITE 200 4140 PARKLAKE AVENUE | RALEIGH, NC 27612 T 919.329.3808 M 919.413.4173 F 919.329.3141 NELSONMULLINS.COM VCARD VIEW BIO Confidentiality Notice This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately either by phone (800‐237‐2000) or reply to this e‐mail and delete all copies of this message. Case 5:21-cv-00251-BO Document 16-2 Filed 06/16/21 Page 34 of 34
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