May 10, 2012 Mr. Stanley Small BETA, Inc.

102 North 23rd Street Richmond, VA 23223 Re: Infringement of the Registered Trademark "DEEP RIVER POOLS"

Dear Mr. Small: We are counsel for ALPHA, Inc. ("ALPHA"), the common law owner of the mark "DEEP RIVER POOLS" (mark), and owner of a Federal registration for the mark (Reg. No. 3456789). ALPHA has spent considerable time, effort and resources in developing and protecting the mark. The mark has been used and promoted extensively for many years, with ALPHA having invested a considerable amount of money in advertising the mark since 1996. As a result, the mark has become well-known and instantly recognizable and famous in connection with the promotion of pool installation services, and acquired an extensive reputation and goodwill. It has come to our attention that you are using the mark "DEEP RIVER POOLS" when promoting your pool installation services. Your use of the mark constitutes an infringement of our client's common law and registered trademark rights. The use of the mark is clearly likely to cause confusion as to whether the services being offered by you are associated with or endorsed by or otherwise affiliated with ALPHA's long-established campaign in the pool installation service industry. Your use of the mark constitutes an infringement of our clients mark, "DEEP RIVER POOLS." In light of all this, ALPHA hereby demands that you immediately: 1. 2. cease all use of the trademark "DEEP RIVER POOLS"; disable or terminate all display of the trademark "DEEP RIVER POOLS" at any website that you own or control;

DISCLAIMER: This is a sample agreement for educational, informational or illustrative purposes only. It should not be interpreted as legal advice or applicable to any particular situation. Agreements are legal instruments that should be tailored to specific factual inquiries. Moreover, agreements are generally interpreted differently in different jurisdictions. Hence, this sample is not a substitute for the advice or consultation of a competent attorney.

Mr. Stanley Small May 10, 2012 Page 2 _______________________ 3. request the disablement or termination of any other display of the trademark "DEEP RIVER POOLS" at any website with which you are associated; destroy all goods and any tangible materials that bear the trademark "DEEP RIVER POOLS" or any other mark confusingly or deceptively similar to the trademark; withdraw, cancel and/or delete any corporate names, domain names, trademark applications and/or trademark registrations for or including the trademark "DEEP RIVER POOLS"; undertake, in writing, never in future to make any use of the trademark "DEEP RIVER POOLS" without prior written authority from ALPHA, whether within any corporate name, trading name, trading style, domain name, or otherwise.

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If you fail to comply with ALPHA's demands herein, ALPHA would be entitled to recover from you a judgment for profits in connection with any infringing services as well as reasonable attorney's fees and costs and a permanent injunction against you and anyone associated with you. We trust that after you have reviewed this matter, you will conclude that the best course of action is to comply with ALPHA's demands herein. However, to the extent that you do not comply, please be advised that this written letter is without prejudice to any rights or remedies that ALPHA may have, all of which are hereby expressly reserved. We wait to receive from you a written confirmation of your compliance with the demands herein no later than close of business on May 15, 2012. If you would like to discuss this matter, please do not hesitate to contact me. All correspondence and communication in connection with this matter should be addressed to the undersigned. Sincerely,

Buddy Big, Esq. Enclosures

DISCLAIMER: This is a sample agreement for educational, informational or illustrative purposes only. It should not be interpreted as legal advice or applicable to any particular situation. Agreements are legal instruments that should be tailored to specific factual inquiries. Moreover, agreements are generally interpreted differently in different jurisdictions. Hence, this sample is not a substitute for the advice or consultation of a competent attorney.