BURBERRY VIA FEDEX AND ELECTRONIC MAIL

RE: Trademark Infringement Burberry Reference No. US3114

Dear (Victim): I am writing on behalf of Burberry Limited (“Burberry”). As you are probably aware, Burberry is a global luxury brand company involved in the design, manufacture, advertising, distribution and sale of high quality clothing, handbags and accessories. Over the past 80 years, Burberry has continuously used in connection with its products a distinctive check trademark (the “BURBERRY CHECK”). In recognition of our exclusive rights to our BURBERRY CHECK, the United State Patent and Trademark Office has granted Burberry several federal trademark registrations for a variety of products, including clothing, accessories, scarves, handbags, travel bags, wallets, pet accessories, golf accessories and umbrellas. I attach hereto exemplars of our federal trademark registrations. These federal trademark registrations are prima facie evidence of the validity of our marks and of our ownership and exclusive right to use these marks. See United States Trademark Act, 15 U.S.C. §§ 1057(b), 1115(a) and 1072. Please note that Burberry enjoys significant common law (unregistered) rights in its BURBERRY CHECK trademark for a wide variety of colors and products (See 15 U.S.C. § 1125(a)). It has come to our attention that you are distributing and offering for sale (insert item description) on eBay.com that display identical representations of the BURBERRY CHECK trademark and are therefore infringing (See, e.g., item number 123456789; auction attached). Your unauthorized use of Burberry's registered trademark constitutes federal counterfeiting and infringement under 15 U.S.C. § 1114(1)(a), false representations, false designations of origin, trade dress infringement and federal unfair competition under 15 U.S.C. § 1125(a), federal dilution under 15 U.S.C. § 1125(c) and related legal violations under the laws of various states. Under the law, Burberry is entitled to an injunction against your further distribution and offer for sale (insert item description) bearing infringements of the BURBERRY CHECK trademark, delivery and destruction of your inventory of such products and the means for making same, an award of your profits from the sale of the counterfeit and infringing items and an award of Burberry's actual damages from the infringement. Moreover, in view of the extraordinary exposure of Burberry's products, it is likely that you are familiar with Burberry and its famous BURBERRY CHECK trademark, and your use of our trademark would therefore be considered a willful attempt to benefit from our substantial goodwill, or at the very least a reckless and callous disregard of our rights. Therefore, in addition to the remedies noted above, Burberry would also be entitled to treble damages and an award of attorneys' fees in this matter See 15 U.S.C. § 1117. At this point, Burberry is willing to resolve this matter amicably, but it simply cannot allow the continued counterfeiting, infringement and dilution of its valuable federally registered copyright. Accordingly, we must insist that you immediately stop the manufacture, distribution, and offer for sale of the subject products and all other items bearing our BURBERRY CHECK trademark or variations thereof and that, within seven (7) days of the date of this letter, I receive the following: (1) Your written assurance that it (sic) has ceased sales and offers for sale of all goods displaying the BURBERRY CHECK and has ceased and shall not recommence the unauthorized use of our mark or variations thereof; (2) A written statement detailing the entirety of your dealings in the subject merchandise, including the quantities purchased, sold and remaining; (3) A disclosure of your supplier(s) through copies of documents including purchase orders, invoices and receipts; (4) Delivery of all counterfeit and infringing inventories for our destruction. (DO NOT return or otherwise dispose of any remaining inventory pending resolution of this matter); and (5) A cashier's check or money order for $1,000.00 (made payable to Burberry Limited) in estimated compensatory damages. If you do not comply with our demands, Burberry will have no choice but to consider its legal and/or equitable remedies in this matter. This letter does not constitute a complete statement of Burberry's claims, rights or remedies with respect to this matter, all of which are hereby expressly reserved. Sincerely, Melissa Roth Associate Counsel