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February 10, 2012. Category Food Services & Restaurants. Content has not been altered except to reformat.

DUNKIN' DONUTS

Dunkin' Donuts is the largest coffee and baked goods chain in the world, selling more than 1 billion cups of coffee per year! Founded in 1950 in Quincy, Massachusetts, by William Rosenberg, Dunkin' Donuts became famous for its many varieties of donuts and wide range of bakery products - muffins, bagels and MUNCHKINS® donut hole treats. Dunkin' Donuts is also the place for beverages - from freshly brewed hot coffee in up to nine flavors, to refreshing Iced Coffee and COOLATTA® beverages. There are approximately 8,800 distribution points in 31 countries, roughly 6,400 of which are in North America. The rest are in key international markets including Asia-Pacific and Latin America.

Dunkin’ Donuts is the exclusive owner or licensee of the DUNKIN’ DONUTS trademarks, service marks, slogans and related copyrights. Its intellectual property is one of its most valuable assets. Dunkin’ Donuts has invested significant time and money in developing and advertising its global Brand, including its famous trademarks and copyrights, the orange and pink color combination and the frankfurter lettering style. Moreover, the public has come to associate the orange and pink trade dress with Dunkin’ Donuts.

The intellectual property laws require that we vigorously police the marketplace for unauthorized, infringing or counterfeit merchandise in order to protect our name and reputation and also to protect consumers from being confused into believing they are purchasing genuine Dunkin’ Donuts products. To protect the integrity of our brand, we work hard to prevent the sale or resale of items that misuse or otherwise infringe our trademarks, copyrights or other proprietary rights. We will contact eBay about all listings that include the unauthorized use or infringement of our intellectual property.

Our coffee is extremely popular because of its freshness, as illustrated by our trademark slogan Something fresh is a/ways brewin‘ here!®. Our coffee is highly perishable and the aroma, flavor and freshness deteriorate rapidly without the proper quality controls. That is why reselling Dunkin’ Donuts coffee harms our reputation since we can no longer control its flavor. Any Dunkin’ Donuts coffee that is listed for resale on eBay is not genuine because we cannot oversee and implement the necessary quality control standards to ensure its freshness, flavor and aroma. A listing on eBay that advertises the resale of our coffee is a violation of our intellectual property rights. We request that you respect these rights and contact us if you have knowledge that an item may be stolen or is being used in an unauthorized or infringing manner. To learn more about the steps involved in producing Dunkin’ Donuts coffee and how we ensure its quality, visit “From Tree to Cup” at dunkindonuts.com.

Dunkin' Donuts has recently made its coffee available in K-Cup® portion packs which are sold exclusively at participating Dunkin' Donuts restaurants in the United States and Canada. Only Dunkin' Donuts franchisees are authorized to sell Dunkin' K-Cup® portion packs. Similar to our packaged coffee, the Dunkin' K-Cup® portion packs are highly perishable and the aroma, flavor and freshness deteriorate rapidly without the proper quality controls. That is why reselling Dunkin’ K-Cup® portion packs harms our reputation since we can no longer control its flavor. Any Dunkin’ Donuts K-Cup® portion packs that are listed for resale on eBay is not genuine because we cannot oversee and implement the necessary quality control standards to ensure its freshness, flavor and aroma. A listing on eBay that advertises the resale of our Dunkin' K-Cup® portion packs is a violation of our intellectual property rights.

In addition, we refer you to eBay’s policy on auctions, which prohibits the listing for sale of stolen property, counterfeit goods and items that infringe the copyrights or trademarks of others.

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FREQUENTLY ASKED QUESTIONS

Q. Why was my auction suspended?
A. An explanation of why an auction may have been suspended is set forth in eBay’s policy on auctions which can be accessed at ebay.com/help/community/pngendauction.html. Dunkin’ Donuts polices use of its trademarks, copyrights and other proprietary rights and takes action to stop any unauthorized, misleading or unlawful uses to protect the value of its intellectual property and brand name. Unauthorized uses include the resale of stolen property and the resale of products that are not considered genuine, as well as infringement of our trademarks and copyrights and the sale of counterfeit products. Note that the manufacture, distribution, and/or sale of counterfeit merchandise using any of Dunkin’ Donuts’ intellectual property are illegal and subject to criminal prosecution.

Q. Why does Dunkin’ Donuts care if I sell unauthorized merchandise?
A. Dunkin’ Donuts trademarks, logos and copyrights symbolize top of the line quality products and services worldwide. Our trademarks, slogans and logos are registered with the U.S. Patent & Trademark Office. In order to protect our brand and reputation, we have a responsibility to stop any misuse of our valuable intellectual property.

Q. What if I decide to re-post an auction once it has been taken down? A. If you decide to re-post an infringing item once eBay has ended the auction for it, you are subjecting yourself to civil and/or criminal liability.

Q. Why aren’t all auctions selling infringing products suspended?
A. When an auction that is selling or re-selling unauthorized or infringing products comes to the attention of Dunkin’ Donuts, we review the matter and take the necessary action. Given the high volume of auctions on eBay, it is difficult to identify and remove every unauthorized, counterfeit or infringing product. That other auctions may feature products that misuse or infringe the intellectual property of Dunkin’ Donuts does not mean that you have the right to do so. If you know of a listing that you believe is unauthorized or infringing, please forward information about the auction, along with a picture of the product offered for sale and the eBay item number, to the following address: generalcounsel@dunkinbrands.com.

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