FISHER 1015 GAYLEY AVENUE #1100, LOS ANGELES, CA 90024

LAW
ONLINE: WWW.FISHERLG .COM

GROUP™ Phone Number:

Fax Number:
(310) 746-3053
(310) 295-2259
E-Mail Address: jfisher@fisherlg.com
May 10, 2010

VIA E-MAIL (SUGREE@GMAIL.COM) & U.S. AIR MAIL

Sugree Phatanapherom
XXXXXXXXXXXXXXX
XXXXXXXX

Re: Cease and Desist and Notification of Claimed Infringement (“DMCA Takedown Notice”)
regarding “Beer” Application on Google Android App Market

To Mr. Phatanapherom:

We are intellectual property counsel for Hottrix, LLC whose principal place of business is in Las Vegas,
Nevada (“Hottrix”). Hottrix is the creator of numerous “digital visual tricks” embodied in its copyrighted
(registered) works. Hottrix has been creating these “digital visual tricks” since at least as early as 1999, when it
debuted the “e-Spresso.” Hottrix is a licensed software developer for Apple’s iPhone and for other mobile
devices, including those utilizing the Android operating system.

As you are surely aware, Hottrix’s flagship “digital visual trick” is “iBeer” which includes the original
“iBeer’ video — embodied in U.S. Copyright Registration No. PA1-598-062 first published August 1, 2007 and
the “iBeer” software — embodied in U.S. Copyright Registraiton No. TX 7-058-445 first published June 29,
2008 (collectively “iBeer”). The iBeer software currently sells at retail for $2.99 USD. iBeer’s commercials
have been viewed over 4,00,000 times (with over 5,000,000 views for all Hottrix videos) at the youtube.com
website alone. Hottrix takes substantial measures to protect its very valuable intellectual property rights and we
implore you to do an internet search for “Hottrix litigation.”

It has come to our client’s attention that you have created a copy / derivative work of iBeer and have
given the copy the confusingly similar moniker “Beer” (“Infringing App”).

From a copyright perspective, the Infringing App is essentially a direct copy of iBeer in look, form and
function rendering it substantially similar, in violation of the US Copyright Act (17 USC §101 et seq. — the
“Copyright Act”). At a minimum, it is a derivative work of the iBeer video.

From a trademark perspective, the Infringing App is likely to create consumer confusion as to the source
or origin of the application, or at a minimum as to sponsorship (or lack thereof) of the Infringing App by
Hottrix. As you know, Hottrix has not authorized the use of its intellectual property. While Hottrix does not
attempt to state that it has proprietary rights to “the word ‘beer’, Hottrix does believe that using the moniker you
chose, coupled with the similar application, will create a likelihood of confusion in violation of Hottrix’s
trademark rights.

Since you are listed as the developer of the Infringing App, you may be liable as a direct infringer under
the Copyright Act. For infringement of registered works, such as iBeer, the Act calls for injunctive relief and
monetary damages, including the greater of actual damages (Hottrix’s lost profits coupled with the infringer’s
profits) or statutory damages of up to $150,000.00 USD per work for willful violations, plus attorney fees and
costs. Hottrix takes its intellectual property rights very seriously and if need be, will not hesitate to enforce them
in Court as it has done in the past.
May 10, 2010
Page 2

Furthermore, to the extent you are not directly the developer / creator, we hereby give notice under the
Digital Millenium Copyright Act (“DMCA”) that the above matters are infringing on Hottrix’ registered
copyrights. If the infringing materials are not removed immediately, you may lose any safe harbor you may be
afforded under the DMCA for infringements by others. Notice is made as follows:

Notification of Claimed Copyright Infringement

(Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512.)

1. Name of copyright holder: Hottrix, LLC (“Hottrix”)

2. Name of person(s) authorized to act on behalf of copyright holder:

Jason H. Fisher, Esq.
Fisher Law Group
Attorneys for Hottrix
310-746-3053 phone
jfisher@fisherlg.com email

3. Identify the copyrighted work claimed to have been infringed:

Hottrix software applications (“Apps”), specifically “iBeer” embodied in US Copyright registrations:
PA 1-598-062 and TX 7-058-445

4. Include a representative list of such works at that site:

The following applications hosted on the Google Android Marketplace:
a. “Beer” by Sugree Phatanapherom (sugree.com)

5. Identification of the material that is claimed to be infringing or to be the subject of infringing

activity that is to be removed or access to which is to be disabled:
Same as 4, infra.

6. Name of complaining party:

Jason H. Fisher, Esq. of Fisher Law Group, Attorneys for Hottrix

7. Address: 1015 Gayley Ave. #1500, Los Angeles, CA 90049

8. Phone: (310) 746-3053

9. E- mail: jfisher@fisherlg.com

I hereby affirm, as the complaining party, that I believe in good faith that the use of the material
in the manner complained of is not authorized by the copyright holder, its agent or the law. I hereby affirm,
under penalty of perjury, that the information contained in this notification is accurate, and that I am authorized
to act on behalf of the holder of the exclusive right that I claim to be infringed.

/s/ Jason H. Fisher, Esq., Attorney for Hottrix, authorized to act on its behalf.

In light of the foregoing, demand is hereby made that you:

1. Immediately and permanently cease and desist all use of the Infringing App, including immediate removal of
the Infringing App from the Google Android Store (and any other places wherein you have made it available;

2. Agree not to use the Infringing App or allow for the use of the Infringing App or any substantially similar
product, as well as destroy all copies of the Infringing App; and
May 10, 2010
Page 3

3. Provide a writing, signed under penalty of perjury, confirming and detailing your cooperation with 1.-2.,
supra.

This is a very serious issue and you should give it the respect and attention it deserves. We request a
response within 14 days from the date listed above. This letter is written without prejudice to any of Hottrix’
rights, all of which are hereby expressly reserved.

Very truly yours,

FISHER LAW GROUP

By
Jason H. Fisher, Esq.

cc: Hottrix, LLC

Google, Inc.
Attn: Copyright Agent, Shantal Rands Poovala
1600 Ampitheatre Parkway
Mountain View, CA 94043
Registered Copyright Agent: DMCA-agent@google.com