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.+2'%(2-#
September 27, 2010
K,%+/)#LC#M(82J+%#
9'(N8(%#O&PP(2#
K,P(2#MC#Q&--5#
K&I8+2)#QC#M(84#
R+4&)#S82/&I8# BY FEDEX AND EMAIL
95-+%#$N',%#R,5P/+--#
L+%('#MC#T,HHJ+%# Vojtek Z. Karpuk, Esq.
.('(2#LC#9&/4(2J+%# Jennings, Strouss & Salmon, PLC
M+;2(%I(#S/&#3N,/0,%# One East Washington Street
O+2U+2+#3C#9,/,J,%# Suite 1900
V+2=#RC#S%P(/J+%%#
Phoenix, AZ 85004-2554
*+)&%(#TC#L+I,U-,%#
vkarpuk@jsslaw.com
3%)2(;#*C#12()U(I=#
W2+&P#9C#V(%)(#
LC#3//&-,%#9'2&I=/+%)#
Re: Infringement of GAP Trademark
L,8%#.C#V+2P&,''+# (Our Ref.: GAP USA TC-10/03485)
MX)&+#YC#Z,U(%+#
W+2/,-#W5I52(//+# Dear Mr. Karpuk:
L+J(-#RC#[(&%U(2P(2#
R+4&)#R,%+85(# Further to our prior correspondence, in which you stated that Gapnote remains unwilling
*+%IX#SC#9+U+22+# to cease its violations of The Gap Inc.’s (“The Gap”) rights, our client regretfully has
W8+2/(-#YCLC#[(&P(//#\\\#
been left with no choice but to file the attached complaint with the District Court for the
M+52+#.,NN]K,-(%U(2P#
Northern District of California. A courtesy copy of the complaint, which was filed
W+2+#3C#O,X/(#
#
today, is enclosed herewith.
9N(I&+/#W,5%-(/#
V&I8+(/#\C#R+4&-# I note we have held off on formally serving the complaint because, despite being forced
# to resort to legal action to protect its rights, The Gap remains hopeful that the parties
W,5%-(/#
L+J(-#RC#9&/U(2-'(&%#
may settle this matter amicably. As we previously discussed, however, any settlement
L,XI(#VC#1(22+2,#
will require your client’s immediate cessation of all use of GAPNOTE or any other mark
K,U(2'#3C#O(I=(2# that violates The Gap's rights.1
V&I8+(/#W8&+NN(''+#
Y+J+2#*&4#O(--&%P(2# If your client is willing to agree to such a settlement, The Gap would be amenable to
*+%IX#WC#R&W,%0+# discussing a reasonable transition period and would consider waiving its rights to
# monetary damages for the various claims it has against your client for your unauthorized
3--,I&+'(-#
V+2&/X%#1C#^(//X#
activities to date.
^+2(%#M&J#
W+-(X#VC#R+5J# We request that you confirm in writing by no later than October 4, 2010 that your client
_&,J+2+#Y2&+%+# intends to comply with these demands or that he is interested in discussing a settlement,
L+-,%#L,%(-#
3/(G+%)(2#MC#Z2((%U(2P#
M(-/(X#LC#V+''X#
1
Z&-(//(#WC#[,,# To that end, The Gap acknowledges your client’s efforts to reach out to its executives
3%%+#M(&N-&I# to discuss the matter. While The Gap would welcome the opportunity to discuss this
M&-+#VC#[&//&-# matter with your client, our client is not willing to enter into such discussions absent Mr.
Y,))#V+2'&%# Murphy’s prior commitment to cease use of GAPNOTE. Since Mr. Murphy had never
# indicated any such willingness, there would have been no reason to hold further
discussions at that time.

!""#$%&'()#*+'&,%-#./+0+#+'#1&2-'#34(%5(#6#7!'8#9'2(('#:#*(;#<,2=>#*(;#<,2=#?@@?A#
.8,%(#B?BC!?DCEF@@#:#1+G#B?BC!?DCEF@?#:#;;;CH2,--0(/%&I=CI,J
Vojtek Z. Karpuk, Esq.
September 27, 2010
Page 2

as referenced herein. If your client refuses, we will have no choice but to serve the
complaint and begin litigation.

The foregoing is written without prejudice to any of the rights and remedies of The Gap,
including its affiliated and related companies, all of which are expressly reserved.

Very truly yours,

James D. Weinberger
212.813.5952
jweinberger@fzlz.com

Encl.

cc: Gap Inc. Legal Department (by email)

{F0684119.1 }