5.11, Inc. ("5.11") owns the trademark A.T.A.C. In connection with tactical footwear and clothing. Propper International sales, Inc. D / b / a Propper PH and Propper International ('"Propper") is using the trademark A-TACS in connection with products in the tactical market. The use of the -oonfusiogly-similar trademark. In competition with 5. I gives rise to liability for TRADEMARK INFRINGEMENT and unfair competition
5.11, Inc. ("5.11") owns the trademark A.T.A.C. In connection with tactical footwear and clothing. Propper International sales, Inc. D / b / a Propper PH and Propper International ('"Propper") is using the trademark A-TACS in connection with products in the tactical market. The use of the -oonfusiogly-similar trademark. In competition with 5. I gives rise to liability for TRADEMARK INFRINGEMENT and unfair competition
5.11, Inc. ("5.11") owns the trademark A.T.A.C. In connection with tactical footwear and clothing. Propper International sales, Inc. D / b / a Propper PH and Propper International ('"Propper") is using the trademark A-TACS in connection with products in the tactical market. The use of the -oonfusiogly-similar trademark. In competition with 5. I gives rise to liability for TRADEMARK INFRINGEMENT and unfair competition
EXHIBIT Aane
aren)
4300 Spyres Way
Modesto, CA 95356,
Tel: 209.527.4511
Fax: 209.527.1511 een eee
Toll Free: 866.451.1726
‘VIA FEDERAL EXPRESS
Tom Kellim
Chief Executive Officer
PH, ine.
‘530 Huber Park Court
St Charles, Missouri 63304
IRE: A.T.A.C. TRADEMARK INFRINGEMENT
Dear Mr. Kellim:
‘As you know, 5.11, Inc. (“5.11”) develops, manufactures and sells innovative tactical elothing, footwear,
and accessories for law enforcement, fire service, public safety professionals, and the military. 5.11 owns
the trademark A.1.A.C. in connection with tactical footwear and clothing. It has come to 5.11's attention i
that Propper International Sales, Inc., dfo/a Propper PIT and Propper International (“Propper”), in
conjunction with Digital Concealment Systems, is using the trademark A-TACS in connection with i
products in the tactical market. ‘The ase of the confusingly-similar A-TACS trademark in competition
with 5.11 gives rise to lability for trademark infringement and unfair competition. Propper should be i
aware that every party involved with the manufacture, distribution, or sale of products bearing an
inging trademark may be liable for infringement and unfair competition.
Enclosed for your reference is a letter sent to Digital Concealment Systems specifying the nature of the
ingement, demanding that the infringement cease immediately, and requesting written assurances that
the infringement has ceased and will not resume in the future. Please provide to me the same written
assurances on behalf of your company no later than Friday, February 25, 2011. i
‘This letter is written without waiver of 5.11, Inc.’s rights and remedies, all of which rights and remedies i
are expressly reserved. You are hereby on notice of your obligation under federal and state law to |
preserve all documents and other information relevant to the subject matter ofthis dispute, including
‘without limitation electronically stored information. |
We look forward to your cooperation,
Tohn F. Wicks
Vice President, General Counsel
Enclosure
ce: Gregory N. Owen, Esq.
‘Owen, Wickersham & Erickson, P.C.
WWW.511TACTICAL.COM
‘THE CHOICE OF FEDERAL, STATE AND LOCAL LAW ENFORCEMENTEXHIBIT B4300 Spyres Way
Modesto, CA 95356
Tel: 209.527.4511
Fax: 209.527.1511
Toll Free: 866.451.1726
February 14, 2011
‘VIA FEDERAL EXPRESS
Digital Concealment Systems, LLC
618 10" Place
Phoenix City, Alabama 36867
‘Attention: President
R
-T.A.C, TRADEMARK INFRINGEMENT
Dear Sir:
am general counsel to 5.11, Inc. ("5.11") of Modesto, California. 5.1 develops, manufactures and sells
innovative tactical clothing, footwear, and accessories for law enforcement, fire, public safety, and the
military. Among 5.11's most valuable trademarks is A.T.A.C. currently used in association with tactical
boots and gloves, AT.A.C. is one of 5.11's core brands prominently featured and promoted in 5.11's
catalogs, on the company’s website, and in the marketing and sales materials of 5.11’s extensive network
of dealers and retailers. 5.11 continues to grow and expand the trademark, both in terms of public
recognition and identification, as well as the array of tactical products associated with the mark.
5.11 is the owner of U.S. Trademark Registration No. 3,173,444 for A.T.A.C. for footwear; boots in
Intemational Class 25. 5.11 has used and promoted the A.T.A.C. trademark continuously since as early
as December 2004. As a result 5.11’s efforts the A.T.A.C. trademark and the products associated with
the mark have an excellent reputation and earned significant goodwill. The A.T.A.C. trademark is an
important and valuable asset of the company.
Ithas come to 5.11's attention that Digital Concealment Systems and its licensees, Propper International,
Danner, Inc., Tactical Assault Gear, and Blue Force Gear are, or will be, advertising, promoting, offering
for sale and selling Army Combat Uniforms (ACUs), tactical boots, packs, and gun slings prominently
featuring the trademark A-TACS. Use by Digital Concealment Systems and its licensees of a mark
substantially identical to 5.11’s A-T.A.C. trademark in association with tactical clothing, footwear, and
accessories that directly compete with 5.11’s tactical clothing, footwear, and accessories and are directed
to the same consumers for the same purposes throught the same channels of trade will cause confusion,
deception, or mistake among purchasers. As a result of the similarity of the marks and the use of those
‘marks on substantially identical products, purchasers will mistakenly believe that the tactical clothing,
footwear, and accessories co-branded with the A-TACS trademark are in some manner related to,
associated with, approved by, or come from 5.11. This likelihood of confusion, deception or mistake
gives rise to liability for trademark infringement and unfair competition for Digital Concealment Systems
and its licensees.
‘The remedies for trademark infringement and unfair competition may include, among other things,
preliminary and permanent injunctive relief: the destruction of the products bearing the infringing
trademark; the recovery of profits and damages from the sale of products featuring the infringing mark,
WWW.5TITACTICAL.COM
THE CHOICE OF FEDERAL, STATE AND LOCAL LAW ENFORCEMENTand where the infringement is willful, enhanced damages and payment of 5.L1's attorneys" fees incurred
in enforcing its rights.
5.11 would prefer to resolve this matter amicably. In order to achieve this objective we require written
assurances from Digital Concealment Systems that it and its licensees will:
(@)_ immediately stop manufacturing, causing to be manufactured, advertising, promoting,
marketing, distributing, offering for sale, of selling uniforms, hats, shirts, boots, packs, gun
slings or any other clothing, accessories, or products for law enforcement, the military, fire
service, or public safety professionals using the trademark A-TACS or any variation of
thereof; and
() not again in the future manufacture, cause to be manufactured, advertise, promote, market,
distribute, offer for sale or sell any uniforms, hats, shirts, boots, packs, gun slings or other
clothing, accessories, or products for law enforcement, the military, fire service, or public
safety professionals using the trademark A-TACS or any variation of thereof.
As the owners of valuable trademarks, we expect Digital Concealment Systems and its licensees can
understand and appreciate 5.11’s need to protect its rights and the valuable goodwill and reputation
associated with its A.T.A.C. trademark. Continued use of the A~TACS trademark will cause irreparable
injury and significant damage to 5.11. Therefore, we require the requested written assurances as soon as
possible and no later than Friday, February 25, 2011.
This letter is written without waiver of 5.11, Inc.’s rights and remedies, all of which rights and remedies
are expressly reserved. You are hereby on notice of your obligation under federal and state law to
preserve all documents and other information relevant to the subject matter of this dispute, including
without limitation electronically stored information.
We look forward to your cooperation.
Very truly yours,
John F. Wicks
Vice President, General Counsel
ce: Gregory N. Owen, Esq,
‘Owen, Wickersham & Erickson, P.C.