‘Andrew Wheeler-eslner, Ea 205-768.794 17102 Ave. N,, Ste Andeew@thebedinesin.com Biaminghay A 38253 ‘Andrew@2indSueetLaw.com May 12, 2015 Steve Ankenbrandt LIV Apartment Partners 2204 Lakeshore Drive, Suite 450 Birmingham, AL 35209 Re: Planned use of “It’s Nice to Have You in Birmingham” on Jemison Parking Deck Dear Mr. Ankenbrandt: represent Yellowhammer Creative, L1.C. lam writing regarding your plans to use “It’s Nice to Have You In Birmingham” as part of the design for the Jemison Parking Deck. Yellowhammer Creative has a proprietary interest and trademark rights in this mark that are infringed by its unlicensed use. We are, however, intrigued by your proposed design and would like to work with you to make “It’s Nice to Have You In Birmingham” part of this project. ‘Yellowhammer Creative is a highly respected Birmingham print and design studio, Its distinctive images created for such prominent Birmingham institutions as the Birmingham Barons and the Bottletree have made Yellowhammer’s work instantly recognizable throughout the region. Since first incorporating “It’s Nice to Have You in Birmingham” into their work, Yellowhammer has been and continues to be the exclusive commercial purveyor of goods bearing the mark, Yellowhammer’s t-shirts, posters, and ‘murals featuring this phrase have made what was previously a mere footnote in the City’s history into an iconie part of the Birmingham zeitgeist Yellowhammer has a significant economic interest in the commercial use of the phrase. Items bearing the mark drive retail sales and generate considerable interest in the firm. Yellowhammer has helped erect “It’s Nice to Have You in Birmingham” murals around the City, and currently licenses its use to select businesses desiring to capitalize ‘on the goodwill Yellowhammer has established for the mark. “It’s Nice to Have You in Birmingham” is now synonymous with Yellowhammer such that the general public presumes the firm’s involvement when seeing the mark. In the short time since plans for the Jemison Parking Deck became public, my clients have been repeatedly asked about their association with the project. Yellowhammer must therefore take great care to ensure that every use of the mark meets the high standards of uality the firm is renowned for, and is obligated to undertake all appropriate steps, including legal action when necessary, to protect the mark and its associated goodwillItis Yellowhammer’s hope that we can reach a mutually beneficial licensing arrangement that will allow “It’s Nice to Have You in Birmingham” to be a prominent part of the Jemison Parking Deck without jeopardizing Yellowhammer’s protected interest in the mark. I will contact you later this week to discuss the above and look forward to talking with you. Sincerely, indrew Wheeler-Berliner