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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


This letter has been edited to removed contact information of the recipient. It is otherwise unaltered.

I am contacting you on behalf of the University of Notre Dame in regard to the unauthorized use of the University of Notre Dame trademarks by your company on cornhole bags. The University's licensing agent, Collegiate Licensing Company, initially contacted you regarding this matter in April 2010. Follow-up letters were sent on May 11, 2010 and June 3, 2010 with no response. James Aronowitz, Associate General Counsel at Collegiate Licensing Company, then called and spoke with a representative of your company on June 22, 2010.

Your representative indicated that she believed the first sale doctrine supported your company's ability to produce and sell the Notre Dame cornhole bags. We disagree. It is clear that the first sale doctrine does not apply to this situation. Our position is supported by case law including the recent decision in in Au-Tomotive Gold Inc v. Volkswagon. The court held in that case that the first sale doctrine does not provide a defense in a case such as this because the newly created item creates a likelihood of confusion as to its origin.

As Mr. Aronowitz advised the representative, your company's unauthorized use ot the University of Notre Dame's trademarks constitutes infringement and unfair competition. Federal trademark law, specifically the Lanham Act, protects the University against such unauthorized activity which is likely to cause confusion and is dilutive of the University's registered trademarks.

Accordingly, the University demands that you immediately cease the unauthorized production and sale of the cornhole bags which incorporate Norte Dame trademarks, that you permanently remove the product from your website and any other promotional materials, and that you provide an accounting of the quantity of Notre dame products produced and sold by your company to date as well as the quantity that you have remaining in inventory.

Please provide me with written confirmation no later than Monday, July 19, 2010, to confirm your cooperation in this matter and to provide the requested accounting. In the event we do not receive a timely response, we reserve the right to take steps necessary to protect the University of Notre Dame's rights. This letter and its contents shall not be deemed a waiver of any of the University of Notre Dame's rights, all of which are expressly reserved.