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January

5, 2012 WhoisGuard Protected 11400 W. Olympic Blvd. Suite 200 Los Angeles, CA 90064 2074b98fafc646f49be603287f44de3e.protect@whoisguard.com Re: Trademark Infringement By Evansbikes.org Dear Sirs: I am an attorney representing WhaleShark Media, Inc. (Whaleshark) in intellectual property matters. It has been brought to our attention that a number of websites under your ownership and control presenting the web pages below (the Websites) are illegally using Whalesharks trademark Retailmenot. For example, see your pages at http://evansbikes.org/2012 newyearseveretailmenotsexystartsheremensthermalshirtfunnytrendyhotneon andsilverfunkydesignsmenslongsleevethermal/. At each of these web pages, you have included Whalesharks trademark RETAILMENOT (the Mark) as part of the trademark representing the goods being sold. Your unauthorized use of the Mark is a deliberate misappropriation and infringement of Whalesharks exclusive rights in its trademark. Whaleshark has been using its Mark since at least as early as August 17, 2009, and has been granted US Trademark Registration No. 3935181 to the Mark. Whaleshark has vested in significant State and Federal rights to the Mark, including the right under Title 15, Chapter 22 of the United States Code to restrict any use of confusingly similar marks in association with similar products or services. The Mark serves as an important and distinctive representation of the origin of Whalesharks services, as well as the goodwill of the company, so we will not tolerate any infringement of those rights. Your companys use of the Mark in association with the Websites by deceptively linking from the Mark to a competing website in an effort to unjustly gain from the consumer recognition and trust associated with our wellknown Mark demonstrates your clear intent to misrepresent the origin of the services offered at the linked website and deceive consumers into believing there is some association or affiliation between Whaleshark and the linked coupon site. Your unauthorized activities are directed at confusing consumers and are intended to trade on the goodwill of Whaleshark. Without appropriate authorization of Whaleshark, your use of Whalesharks trademark constitutes unfair competition, intentional trademark infringement, trademark dilution and false designation of origin in violation of the Federal Lanham Act. We demand that you immediately cease and desist from any further use of the Mark in any form.

Unless we receive your written response indicating your intention to cease and desist all use the Mark used on the Websites within ten (10) calendar days of the date of this letter, we will proceed with taking legal action against you. If you force us to take such legal action, be warned that we will seek all legal and injunctive relief available under Federal and State laws, including the maximum damages, profits, attorneys fees and treble money damages for intentionally infringing my clients rights, and all other penalties permitted by law. This letter is written without waiver of any of our rights and remedies, all of which are expressly reserved. We look forward to receiving your prompt response. Sincerely, Craig J. Yudell, Esq. (512)3436116 yudell@yudellisidore.com cc: Lou Agnese, General Counsel, WhaleShark Media, Inc. (via email)

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