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You have been sued in the United States for trademark infringement and counterfeiting. Please review the communication below carefully. We prefer to negotiate with sellers through their lawyer and, therefore, strongly recommend that you immediately contact a lawyer. Please see the attached for a list of attorneys who regularly represent defendants in these types of lawsuits and may be able to assist you. This list is provided to you as a courtesy and not as an endorsement of any of these attorneys. If you or your lawyer has already contacted us to settle this matter, we will be in touch with you in the very near future to continue these negotiations.

We are a law firm located in the United States representing CCA and B, LLC d/b/a The Lumistella Company (“Lumistella”), which owns all trademark and copyright rights related to THE ELF ON THE SHELF brand of dolls, books, and related accessories. You are selling counterfeit and/or infringing products online using Lumistella's THE ELF ON THE SHELF trademark(s) and/or substantially similar elf dolls to Lumistella's copyrighted Scout Elf doll through your online storefront on one or more online platforms including Amazon and/or Walmart.com.

Lumistella has filed a lawsuit against you in the United States District Court for the Northern District of Georgia (the “Court”) to stop your sale of these infringing and counterfeit products. The Court has issued a Temporary Restraining Order against you and has ordered the platform to freeze all financial assets in your account(s) until this matter is resolved. Links to download and view the Complaint, Summonses, and Temporary Restraining Order are included at the end of this email.

Furthermore, the Court has set a hearing on Lumistella's Motion for a Preliminary Injunction for January 3, 2023 at 10:00 a.m. EST in the United States Courthouse located at 75 Ted Turner Drive SW, Atlanta, Georgia 30303, Courtroom 2108. If you fail to appear at this hearing, the Court may issue a preliminary injunction against you. Further, if you plan to file an objection to our Client’s request for injunctive relief the Court requests that you file this objection by December 30, 2022.

Please note that you have 21 days from your receipt of this email to file an Answer to the Complaint. If you fail to file an Answer, a Default will be entered against you and our Client will seek, when possible, the maximum penalty allowed by U.S. Law, which is USD$2,000,000 per counterfeit product.

However, if you wish to resolve this matter amicably and without further litigation – which is our Client’s preference - please have a lawyer contact us immediately.

Sincerely,
The Sladkus Law Group
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