Case 2:16-cv-03693-TJH-KS Document 20-4 Filed 04/14/16 Page 1 of 3 Page ID #:241

EXHIBIT D

Case 2:16-cv-03693-TJH-KS Document 20-4 Filed 04/14/16 Page 2 of 3 Page ID #:242

737BOLIVARROAD,SUITE4400| CLEVELAND, OHIO 44115

(216)241-0700 I FAX (216) 241-0739 I HABERPOLK.COM

HABER | POLKl KABAT

E-MAIL: AKABAT@HABERPOLK.COM
DIRECT DIAL: (216)325-0106

January/, 2016
Via Federal Express, and E-Mail
{RL@eyerythingtrademarks.coml
Roberto Ledesma

PO Box 230692
New York, NY 10023

CEASE AND DESIST: TRADEMARK INFRINGEMENT

Dear Mr. Ledesma:

We represent LeCharles Bentley and 0-Line Academy, LLC d/b/a 0-Line Performance
(collectively referred to herein as "0-Line Performance"). 0-Line Performance is the owner of
two service marks/trademarks that are currently being infringed upon by your client, Shine
Television, LLC as well as NBC Universal ("NBC"). We are writing, demanding that you advise
your client to immediately cease and desist the infringing activity. We have copied NBC
General Counsel and demand the same from NBC.
Specifically, 0-Line Performance developed a service mark/trademark consisting of the
stylized letters "LB" and began utilizing that service mark/trademark in April 2013. Trademark
Applications were thereafter filed on July 12, 2013 (serial no. 86008398/registration no.
4494434 and on July 17, 2015 (serial no. 86696796) (see attached). As you can see, the
service marks/trademarks are utilized in commerce in a variety of ways, including sports
performance and fitness training and athletic apparel.
We recently learned that Shine Television, LLC and NBC have begun to utilize a sen/ice
mark/trademark that directly infringes upon the service marks/trademarks owned by 0-Line
Performance. Specifically, Shine Television and NBC are utilizing stylized letters that clearly
outline "LB" (although described to the USPTO as simply a "B") in connection with sports
performance and fitness training and athletic apparel. We learned of the infringing activity
shortly after the current season of The Biggest Loser premiered on January 4, 2016. The
stylized letters are permanently displayed on .the set, advertisements, athletic apparel and other
items. As well, a review of The Biggest Loser website reveals that efforts are underway to sell
apparel/items with the infringing service mark/trademark. We understand that Shine Television
is acting with the direct knowledge and authority of NBC.
In addition to the very clear and direct infringement, the use of the service
mark/trademark is causing considerable confusion in the marketplace already and will likely
result in further confusion in the future. 0-Line performance has absolutely no affiliation with, or

Case 2:16-cv-03693-TJH-KS Document 20-4 Filed 04/14/16 Page 3 of 3 Page ID #:243

Roberto Ledesma
January 7,2016
Page 2

involvement in, The Biggest Loser. Yet, the use of the new logo, with the stylized letters "LB"
creates confusion and negatively effects 0-Line Performance's brand and reputation.
Evidence of the intent to cause confusion is apparent from the ways in which Shine
Television has deviated from its registered trademark and appropriated characteristics of 0-Line
Performance's service marks/trademarks. For example, Shine Television's trademark is
described as follows: "The color(s) blue is/are claimed as a feature of the mark. The mark

consists of a stylized B design with the wording THE BIGGEST LOSER in blue," During the
January 4, 2016 premiere, the stylized letters were regularly used without the "THE BIGGEST
LOSER" wording and routinely appeared in red and black, colors associated with 0-Line
Performance's service marks/ trademarks. Notably, the use of this logo is a stark departure
from its previous logo which featured a tape measure tightly wrapped around blue and white
block lettering of the show's name - The Biggest Loser.
We believe that the use of 0-Line Performance's service marks/trademarks is not mere
coincidence. As I am sure you are aware, Mr. Bentley was previously approached and
interviewed by individuals associated with the show. At that time, Mr. Bentley was being
considered for a role as a celebrity trainer on The Biggest Loser based upon his expertise and
prominence in the field of sports performance and strength training, nutrition, and exercise
science.

On behalf of 0-Line Performance we demand that Shine Television, LLC and NBC
immediately cease and desist the infringing conduct. In order to comply with this demand, it is
imperative that images with a likeness to 0-Line Performance's service marks/trademarks no
longer appear on The Biggest Loser, that all merchandise bearing such images be destroyed,
and that all promotional materials, including all websites, immediately be modified to eliminate
any such images. Please provide me with written confirmation of your client's acquiescence to
this demand no later than Wednesday, January 13,2016.
Should Shine Television/NBC fail to immediately cease and desist in accordance with
the above request, 0-Line Performance will institute legal proceedings in order to protect its
trademarks. Because litigation is imminent, please take all necessary steps to preserve
potential evidence, including, but not limited to, electronic documents and communications,
such as e-mails and text messages, which in any way relate to the development and use of the
filing, bearing serial no. 86843432.
Should you wish to discuss this matter, please do not hesitate to contact me.

v^

AAK/dmc
ec; Shine Television, LLC (via overnight delivery)
Kimberly D. Harris, Exec. VP & General Counsel, NBCUniversal (via overnight delivery)