C.

Brandon Browning
DIRECT: (205) 254-1036
EMAIL: BBrowning@maynardnexsen.com

September 18, 2023

VIA CERTIFIED MAIL

Mr. Larry Thornton

Chairman of the Board
Alabama Sports Council, Inc.
100 Grandview Place, Suite 110
Birmingham, AL 35243

Re: Unauthorized use of Alabama A&M Logos

Dear Mr. Thornton:

This firm is intellectual property counsel for Alabama Agricultural and Mechanical
University (“Alabama A&M”). We write to demand on behalf of Alabama A&M that Alabama
Sports Council, Inc. (“ASC”) and its licensees, agents, contractors and vendors immediately cease
and permanently desist from any and all use and displays of my client’s well-known trademarks

including, without limitation, , , , and (collectively, the “Marks”) and all uses
and displays of images depicting the Alabama A&M bulldog mascot and any Alabama A&M
student athlete (collectively, the “Images”). These demands encompasses without limitation uses
of the Marks and Images in connection with the solicitation of sponsorships for, and the promotion
of, the Magic City Classic and extends to all print and digital advertising materials, social media
and blog posts, tickets, passes, banners, flags, signs, merchandise, and displays of the Marks and
Images at public and private events such as at press conferences, parades, tailgate parties,
luncheons, pep rallies, sponsorship villages, and pre-game and halftime shows and broadcasts.
Neither ASC nor any of its licensors, agents, contractors or vendors is authorized, or otherwise
allowed, to use or display the Marks or Images.

Alabama A&M further demands that ASC make available for inspection and auditing all
books and records that relate to revenue generated and compensation paid under the so-called
“Management Agreement between Alabama Sports Council, Inc. and Alabama A&M University
and Alabama State University,” dated March 17, 2017, and “First Amendment to Management
Agreement,” dated March 7, 2022 (collectively, the “Agreement”). A copy of the Agreement is
enclosed. Section 12 of the Agreement reads,

1901 6th Ave. North, Suite 1700 / Birmingham, AL 35203 / 205.254.1000 / maynardnexsen.com
Mr. Larry Thornton
Chairman of the Board
Alabama Sports Council, Inc.
September 18, 2023
Page 2

ASC’s refusal to produce such books and records is groundless and constitutes a material breach
of the Agreement. Provide at least three dates prior to September 28, 2023, when the books and
records will be made available for inspection and auditing.

Lastly, Alabama A&M demands that ASC notify its insurance carriers of Alabama A&M’s
trademark claims against ASC, and require its licensees, agents, directors, contractors, vendors
and employees to preserve all documents, records, reports, communications, memoranda, notes
and all other materials and things arising from or relating to the use and display of the Marks and
Images since February 15, 2023, in whatever form. This demand extends to current and prior
versions of the Magic City Classic website located at https://www.magiccityclassic.com/, social
media accounts and profiles, promotional materials, sales, financial and royalty reports and
information, agreements such as sponsorship agreements, vendor contracts and licenses, and
samples of merchandise and other items displaying the Marks and Images.

Please provide written confirmation by the close of business on Wednesday, September

20, 2023, that ASC will comply with my client’s demands within ten (10) days of the transmission
of the confirmation. If such written confirmation is not received by this deadline, we will promptly
file a complaint against ASC for, inter alia, breach of contract and false designation of origin under
15 U.S.C. § 1125(a).

In all regards, Alabama A&M reserves, and specifically does not waive, any and all rights
of any nature, whether at law, equity, or otherwise, including, but not limited to, damages and
penalties relating to ACS’s past and present infringement upon Alabama A&M’s rights in the
Marks.
Mr. Larry Thornton
Chairman of the Board
Alabama Sports Council, Inc.
September 18, 2023
Page 3

Sincerely,

C. Brandon Browning

CBB/mrs
Enclosures

cc: Alabama A&M University (w/o enclosures)

Alabama State University (w/o enclosures)
The Honorable Steve Marshall (w/o enclosures)
Walter A. Dodgen (w/o enclosures)
Sandy Dodd (w/o enclosures)