John A. Clifford. Partner. Practices. Industries. D

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John A. Clifford Partner jclifford@merchantgould.com D 612.336.

1 John A. Clifford Partner D Jack practices patent, trademark, and copyright law, with an emphasis on trademark and advertising law, for clients all over the world, particularly U.S. firms and Europeans. He counsels clients with large, global portfolios of intellectual property and with complex business issues involving patents and trademarks, including litigation. Jack has extensive experience working with private label manufacturers. Jack has always admired creative people those artists and businesspeople who imagine and invent products and services and, in doing so, propel the economy forward. He loves his part in the process, helping his clients successfully navigate the interface between intellectual property and their businesses to build and protect the asset value of their companies. Practices Trademark Litigation Trade Secret Industries Alternative Dispute Resolution Food & Beverage Sports & Fitness Building Systems & Construction As the filing correspondent for over 5,000 U.S. Trademark and Service Mark applications and more than 900 trademark oppositions and cancellations proceedings, Jack is dedicated to successfully exploiting his clients' opportunities in the marketplace and protecting their intellectual property. He also serves as an expert witness in trademark matters and as a qualified neutral for alternative dispute resolution. Jack was the first lawyer ever to assert "Trademark Bullying" as an affirmative defense before the U.S. Trademark Trial and Appeal Board, leading to a vigorous debate about the practice. Jack has defended many clients against patent trolls, also known as Non-Practicing Entities (NPE s), and created the webpagewww.theantitroll.com to bring useful information to the victims of attempted patent trolling. Jack is married, has three grown children, and enjoys winemaking, downhill skiing, golf, painting, traveling, and listening to good music.

2 REPRESENTATIVE CASES Cosmetic Warriors Limited v. Nailush, LLC, Civil No (RBK/JS) (D. NJ 2017). Represented the successful plaintiff in a trademark infringement action leading to a permanent injunction, an award of damages and an award of plaintiff s attorneys fees and costs under both federal and state law claims. The Court found the Plaintiff s mark to be both conceptually and commercially strong. Syndicat Des Proprietaires Viticulteurs De Chateauneuf-Du-Pape v. Pasquier DesVignes, Opposition No to application Serial No This Opinion is a Precedent of the TTAB. Cosmetic Warriors Limited v. Luscious, LLC, Opposition Nos and (T.T.A.B., August 1, 2012) Represented the successful Opposer, leading to a finding that Opposer's mark was very strong, widely known, and should be accorded a broad scope of protection with the opposition sustained. Wind Turbine Industries Corp.,v. Jacobs Wind Electric Company, Inc., Civil No (MJD/SRN), Obtained summary judgment on priority of use and abandonment of trademark rights issues in a complex trademark case involving over thirty years of alleged trademark usage. Champagne Louis Roederer v. J. Garcia Carrion, S.A.: Friends Wine Marketing, Inc., d/b/a CIV USA,569 F.3d 855 (2009), United States Court of Appeals, Eighth Circuit. Represented plaintiff in trademark action in successful appeal. Krause Publications, Inc. v. Chester L. Krause, (C.A.F.C, 2007). case number , decided December 7, 2007, download and listen to the actual oral argument given by Mr. Clifford to the Court of Appeals for the Federal Circuit in the appeal of this opposition proceeding. Eniva Corp. v. Global Water Solutions, Inc., 440 F. Supp. 2d US: Dist. Court, D. Minnesota Fforg Inc. v. Infinite Campus, Inc., Civ (Mn. Dist. Ct., Fourth D. Feb. 14, 2006). Mr. Clifford led a team of lawyers to successfully respond within less than 24 hours to a temporary restraining order request. The motion was denied based on the showing and oral argument made by the Merchant & Gould team. Chester L. Krause v. Krause Publications, Inc., Cancellation No (T.T.A.B., Nov. 18, 2005), In one of the few citable decisions of 2005, the TTAB granted the petition for cancellation filed by Mr. Clifford under Section 2 (c) of the Trademark Act. Northwest Airlines, Inc. v. NWA Federal Credit Union, US: Dist. Court, D. Minnesota Represented defendant in trademark action. The Valspar Corporation v. Sirius Products, Inc., Opposition No. 107,846 (T.T.A.B. Jan. 30, 1995). Successfully opposed registration of ZAP! on cleaning and restoring compounds based on prior rights in ZAPZ for stain sealing primer paint. Library Publications v. Heartland Samplers, 825 F. Supp US: Dist. Court, ED Pennsylvania 1993.

3 The Post Office v. Portec, Inc., 913 F.2d 802 (1990), United States Court of Appeals, Tenth Circuit. International Sausage Corporation v. Old Dutch Foods, Inc., 904 F.2d 46, United States Court of Appeals, Federal Circuit, May 24, We Care, Inc. v. Ultra-Mark Intern. Corp., 741 F. Supp US: Dist. Court, D. Minnesota, 3rd Div Represented plaintiff in matter obtaining a preliminary injunction. The British Post Office v. Portec, Inc. Represented the plaintiff in a trade secret case to a successful verdict, in Federal Count in Denver, Colorado. Jackson A. Smith v. Condux International, Inc. Represented the defendant in a license agreement case with patent, unfair competition and trade secret issues to a successful verdict in State Court in Mankato, Minnesota. Voss of Norway A.S.A v. RevTech, Inc. Represented the plaintiff in a license agreement case with patent, trade secret and contract issues to a successful verdict in the Southern District of New York. The First National Bank in Sioux Falls v. First National Bank South Dakota, et al, (Civ. Action No , D.S.D. 2009) Represented the plaintiff in a trademark dispute, obtaining an expanded injunction. Champagne Louis Roederer v. J. Garcia Carrion and Friend Wine Marketing, Inc. d/b/a CIV USA, (Civ. Action No D. MN 2010) Represented the plaintiff in a trademark dispute, obtained an injunction. EDUCATION Creighton University B.S. Physics, 1978 J.D., 1981 Member, Creighton Law Review BAR & COURT ADMISSIONS U.S. Court of Appeals for the Ninth Circuit, 2017 U.S. District Court, District of Michigan, 2013 Nebraska State Bar, 2010 U.S. District Court, District of Arizona, 2010 U.S. District Court, District of Nebraska, 2010 U.S. District Court, Western District of Wisconsin, 2008 Arizona State Bar, 2006 U.S. Court of Appeals for the First Circuit, 2004 U.S. District Court, District of Colorado, 1999 U.S. Supreme Court, 1991 U.S. Court of Appeals for the Tenth Circuit, 1988 U.S. Court of Appeals for the Eighth Circuit, 1983 U.S. District Court, District of Minnesota, 1982

4 U.S. Court of Appeals for the Federal Circuit, 1982 U.S. Patent and Trademark Office, 1981 Minnesota State Bar, 1981 PROFESSIONAL AFFILIATIONS International Trademark Association Member, Panel of Neutrals Attendee at numerous International Trademark Association meetings Host of several INTA Roundtable meetings on trademark topics Member, Publications Committee Member, ADR Committee, European Communities Trade Mark Association International Federation of Industrial Property Attorneys (FICPI), American Bar Association The Federal Bar Association - Phoenix Chapter American Intellectual Property Law Association, Minnesota Intellectual Property Law Association, Trademark and Unfair Competition Committee Chair, Minnesota Bar Association Hennepin County Bar Association, Arizona Bar Association Scottsdale Bar Association Nebraska Bar Association, The French-American Chamber of Commerce AWARDS & RECOGNITION Arizona s Finest Lawyers, 2016 Martindale-Hubbell Top Rated Lawyer - Intellectual Property, 2015 Best Lawyers Lawyer of the Year - Trademark Law, Minneapolis, 2014 by The Best Lawyers in America Best Lawyers in America, by The Best Lawyers in America IP Stars by Managing IP, Minnesota s Best Lawyers, by Minnesota Monthly The International Who's Who of Trademark Lawyers, The International Who s Who of Business Lawyers, 2013 Selected for inclusion in Minnesota Super Lawyers, Who's Who in America, Who's Who Legal: USA - Trademarks Martindale-Hubbell International Dispute Resolution Directory 2006 Martindale-Hubbell AV Peer Review Rating for more than 15 years. Overall Peer Rating 5.0 out of 5.0. On November 5, 2010, Jack was inducted as a Chevalier into the Ordre des Coteaux de Champagne, an honorary fraternity for the champagne industry first founded in the 1600s.

5 John A. Clifford PUBLICATIONS & SPEAKING Intellectual Property Update: A Fast-paced Overview of Current Trends in IP Litigation Frequent Flyers are not just for the airlines anymore, The Federal Bar Association - Phoenix Chapter, May 21, 2015 Protecting Voss Water, Minnesota Law & Politics, August/September 2008 Co-author of the Minnesota State section of INTA publication State Trademark and Unfair Competition Law for the last twenty-five years Author of Merchant & Gould's Trademark Clearance and Usage Guide Beware the Many Faces of a Trademark Scam, IPLaw 360, May 12, 2008 Trademark Bullying: Fact or Fiction, Institute of Intellectual Property and Social Justice CLE at Howard University on March 10, 2011 Strategies for Dealing with Trademark Bullies, Minnesota State Bar CLE on March 2, 2011 Navigating Private Label and Store Brand Issues and Disputes, Minnesota State Bar CLE on March, 2, 2011 Branding v. Genericide: Advertising Gone Wild, Minnesota State Bar Association CLE on April 7, 2005 All That Glitters Is Not Gold: A comparative review of colour, sound, and three-dimensional trademarks, Intellectual Property Institute of Canada Annual Meeting, October 16, 2004 Mastering Section 2(d) of the Lanham Act: Strategies for Overcoming Likelihood of Confusion Refusals in the USPTO, Minnesota State Bar Association CLE on March 5, 2004 Madrid Protocol 101, INTA CLE on December 10, 2003

6 Opposition/Cancellation Grounds, Burden of Proof and Pleadings, Minnesota State Bar Association CLE on May 6, 2002 REPRESENTATIVE TRADEMARK REGISTRATIONS Registration Number Mark Class View 4,104,350 CRISTAL 33 View 1,557,151 CA'DEL BOSO 33 View 324,359 CALVET 33 View 1,612,646 CONDUX 6 View 3,114,402 CHAMPAGNE DELAMOTTE BRUT DEPUIS View 4,402,566 FILLIES RACE FOR HOPE CANTERBURY PARK 25, 36 View 4,322,493 FIORINDA BY CARLO PIGNATELLI 25 View 2,723,221 HENRIOT 33 View 3,661,816 INTELLECTUAL PROPERTY 33 View 3,9533,281 JAEGER 9, 12 View 3,651,194 JULIAN LENNON 9, 16, 25, 41 View 3,000,630 LAURENT-PERRIER 16, 21, 32, 33, 38, 41, 43 View 3,387,417 LORO PIANA 3 View

7 4,118,438 LUSH 3 View 102,579 MALT-O-MEAL 30 View 3,940,239 MARSHALL AMPLIFICATION 25 View 1,438,701 NOVUS 37 View 369,014 OUR FAMILY 1, 5, 29, 30, 31, 32 View 2,668,342 RENZO PIANO 37, 42 View 1,300,876 SANTA MARGHERITA 33 View 2,637,008 SECURIAN 36 View 1,965,234 THE AFTERNOON 33 View 2,653,543 TRIMBACH 33 View 2,945,942 VAN MORRISON 9, 16, 25, 41 View 2,696,925 VOSS 32 View EXPERT WITNESS ENGAGEMENTS Available upon request MEDIATIONS Jack has participated as a Neutral or Mediator on a number of occasions. In most cases the parties have requested that the matter not be disclosed. A list of lawyers who have used Jack as a mediator is available upon request.

8 QUOTED ITC Claims Authority to Fast-Track Patent Cases, IP Law 360, August 8, 2013 (quoted concerning the issues in the case.) The private label predicament, WorldTrademarkReview.com, October/November 2012 (Quoted on private label branding and trade dress issues.) FEATURED Jack was featured in the Spring Creighton University Physics Newsletter. February 2012 issue of Twin Cities Business magazine ran a profile of Jack and his 30 year law practice in the food, wine, and beverage industries. Jack was featured in a January 31, 2012 article in INSIDE Super Lawyers entitled "Jack Clifford: The Lawyer as Chevalier." October 30, 2009 issue of Minneapolis St. Paul Business Journal ran a story about Jack, the trademarks he owns, and the wine industry. June 2007 issue of Minnesota Law & Politics magazine ran a story about Jack entitled The Vintner.

R. Cameron Garrison. Managing Partner

R. Cameron Garrison. Managing Partner R. Cameron Garrison Managing Partner cgarrison@lathropgage.com KANSAS CITY 2345 Grand Blvd. Suite 2200 Kansas City, MO 64108 T: 816.460.5566 F: 816.292.2001 Assistant Debbie Adams 816.460.5346 PRACTICE